Prop*50

Third initiative qualifies in Washington

Initiative 1098, which would impose a new income tax on wages earned above $200,000 for an individual or $400,000 for a couple filing jointly, has been approved for the November ballot in Washington.  The measure would also reduce property taxes and certain business and occupation taxes.  Bill Gates Sr., father of the Microsoft founder, has been a champion of I-1098.

E-signatures in Utah

The Utah lieutenant governor (the state's chief election official) has issued an interim rule allowing initiative and referendum proponents to gather electronic signatures on their petitions.  The rule comes in the wake of a court case declaring that e-signatures on candidate petitions were valid.  While that case didn't directly address initiative petitions, the state has decided to try allowing e-signatures for initiatives too.

While e-signatures are now technically legal on initiative petitions in Utah, there are some significant restrictions on the process.  The rule requires that circulators still must meet all requirements for age and state residency, and require initiative sponsors to verify that.  It also requires that circulators personally witness e-signatures.  A 2004 opinion from the state's supreme court requires circulators to physically witness each signature on their petition.  The e-signature rule will stay in effect for 120 days.

Utah is the first state to permit electronic signatures on initiative and referendum petitions.

Read the interim rule.

Petition fraud in Washington?

A Seattle Post Intelligencer blog reports that a petition circulator for Initiative 1098 is being investigated for submitting fraudulent signatures.  I-1098 would impose an income tax on Washington's highest earners.  State officials verifying signatures on the petitions noticed that several pages bearing about 350 signatures appeared to be filled out in the same handwriting and the same pen.  Further investigation revealed that while some signers were valid voters, the signatures did not match.  Law enforcement is investigating.

Even if the signatures at issue turn out to be fraudulent, it shouldn't affect whether I-1098 qualifies for the ballot.  Proponents turned in about 385,000 signatures, and just over 241,000 are needed to qualify.

This case calls to mind the fall of 2006, when five initiatives in three states were initially declared qualified for the ballot, then later removed after courts found evidence of fraud in the signature-gathering process.  Those initiatives dealt with affirmative action in Michigan; a state spending limit, judicial recall, and property rights in Montana; and a taxpayers' bill of rights in Oklahoma.

Washington: I-1100 certified for the ballot

Initiative 1100, which would close state-operated liquor stores and permit privately-owned retailers to sell liquor in Washington, has been certified for the ballot.  This is the first initiative to land on the November ballot in Washington this year.  I-1100 is sponsored by liquor retailers, including Costco.  A second initiative dealing with private liquor sales, I-1105, is sponsored by wholesalers.  It awaits signature verification.

Certification of Initiative 1082 was announced shortly after.  I-1082 would permit private worker's compensation insurance.

Two more initiatives were submitted, including the second liquor store measure, and await signature verification.

Arkansas: Immigration Initiative Fails to Make the Ballot

The sponsors of an initiative that would ban illegal immigrants over the age of 14 from receiving public benefits and services has failed to qualify for the ballot in Arkansas.  A similar petition was circulated but failed to qualify for the 2008 ballot in Arkansas.

Under Arkansas law, if an initiative petition presents the required number of raw signatures at the time of the deadline, but signature verification reveals that some are invalid, proponents have an additional 30 days to try to gather enough signatures to meet the requirement.  However, according to the secretary of state's office, the petition submitted last week was about 10,000 signatures short of the raw number required before signature verification even began, so the extra 30 days does not go into effect and the measure fails to qualify.

California Poll: Legalized Pot Not So Hot

According to a California Field Poll released on July 9, voters are not supportive of Proposition 19, which would legalize marijuana for adults.  44 percent of those surveyed support the measure, while 48 percent oppose it.  While California will be the first state to vote on legalizing the sale of marijuana, several states have voted on decriminalizing possession of marijuana.  In 2008, Massachusetts voted to replace criminal penalties for possession of up to one ounce with a civil penalty.  Similar measures have been rejected by voters in Colorado (2006), Nevada (2002 and 2006) and Oregon (1986).  In 2008, California voters rejected Proposition 5, which would have changed sentencing guidelines for drug crimes, with a preference for parole and rehabilitation over prison time.

The poll asked about three other initiatives on the California ballot:

• Prop. 25 - replace current 2/3 vote requirement for passing a budget in the legislature with a simple majority vote - 65 percent of voters favor this proposal, compared to just 20 percent who oppose it.
• Prop. 23 - suspend limits on greenhouse gas emissions - 48 percent oppose it; 36 percent support it.  Note however that only 39 percent of the voters surveyed said they knew much about the proposal, and among those voters, opinions are split (44 percent yes vs. 45 percent no).
• Prop. 18 - water bonds - 42 percent support it and 32 percent oppose it.  Once again, however, only a small percentage of those polled -- 24 percent -- admit they are familiar with the measure, and support among those voters is much stronger:  57 percent, compared to 33 percent who oppose it.

Massachusetts: 3 initiatives qualified for November

The Massachusetts secretary of state's office has determined that three of the four initiatives submitted for the November ballot have gathered sufficient signatures.  They would repeal the state's sales tax on alcohol, reduce the sales tax rate from 6.25 percent to 3 percent, and repeal a law that establishes a streamlined permitting process for low- to moderate-income housing.  The fourth initiative that failed to submit sufficient signatures would have limited carbon dioxide emissions from certain renewable and alternative energy sources.

Florida Redistricting Amendment Blocked from the Ballot

A Leon County Circuit Judge has ruled Amendment 7 off the Florida ballot.  Amendment 7 was a redistricting measure proposed by the Florida Legislature as an alternative to Amendments 5 and 6, which are two redistricting initiatives.  The judge said that Amendment 7 was too vague, and that it could violate constitutional requirements that districts be contiguous.

An appeal to the state supreme court is almost certain.

Massachusetts: Up to 4 initiatives in November

Sponsors for four initiatives submitted their petitions to the secretary of state's office in Massachusetts yesterday.  The signatures have already been validated by local election officials.  The secretary of state's office must verify the totals provided by local officials, and will announce which measures have qualified for the ballot as soon as tomorrow.  NCSL will stay on the story and provide news of certification as soon as it's available.

The four petitions that were submitted are:

• Repeal the sales tax on alcohol
• Reduce the state sales tax rate from 6.25 to 3 percent
• Repeal a state law that allows a streamlined permitting process for government-subsidized affordable housing
• Redefine "renewable energy generating sources" as it pertains to retail electricity suppliers that rely on waste-to-energy and biomass sources to comply with renewable energy requirements

Oregon: Six initiatives filed

Proponents of six ballot initiatives filed signatures for verification by the July 2 deadline.  The secretary of state has 30 days to verify the signatures.  The six initiatives filed were:

13: mandatory minimum sentences for drunk drivers and sex offenders

28: create dispensaries for medical marijuana

50: create an independent redistricting commission

70: dedicate lottery funds to parks and wildlife

75 and 77: casino gaming

Read more about all six at OregonLive.com.