The Tuesday Count: Final citizen’s initiatives certified for 2014

September 9, 2014

Click here for the latest Tuesday Count

Edited by Tyler King

Tuesday Count Lineup:

3 certification
148 measures for 2014

---

Topics featured in this report:

---

Certifications (News)
Gambling (Quick hits)
Marijuana & Fracking(Spotlight)

With the final three initiatives certified for statewide ballots last week, the statewide ballot measure count is finalized at 148. The last time the number of statewide ballot measures dipped below 150 was in 1986. The final three issues certified for the ballot come from Arkansas and North Dakota. In Arkansas, a minimum wage initiative has garnered the support of both major party candidates in the gubernatorial race and the US Senate race. In North Dakota, conservation and hunting groups got an initiative placed on the ballot that would redirect some of the state's oil tax revenue to conservation and outdoor recreation, while a coalition of parents have successfully collected signatures for a measure that would extend summer vacation for students into September.

Meanwhile, Nebraskans will only be voting on one measure in 2014, as Amendment 1 was booted from the ballot by the Nebraska Supreme Court for essentially being two questions in one measure. While secession has recently been an issue at the local level in the United States, Scotland is taking it up a notch. On September 18, the Scottish will be voting on a binding referendum to leave the United Kingdom.

Small towns in Maine and Ohio will be voting on marijuana and fracking, respectively. In Gate Mills, Ohio, a "Community Bill of Rights" Fracking Ban Initiative will be on the ballot. The measure joins two others in Ohio - the City of Athens Fracking Ban Proposal Initiative and the City of Niles "Community Bill of Rights" Fracking Ban Initiative. The people of Lewiston, Maine, will be voting on a Recreational Marijuana Legalization Measure in November. Both issues are hot topics at the local level, and while fracking hasn't made its debut on a statewide ballot measure yet, marijuana is on statewide ballots in Alaska, Florida and Oregon this year.

Arkansas Minimum Wage Initiative

There will be five measures related to increasing the hourly minimum wage on the ballot in 2014. The latest and final one to be certified is the Arkansas Minimum Wage Initiative or Issue 5. The measure would increase the state’s minimum wage from $6.25 to $7.50 per hour on January 1, 2015, to $8 on January 1, 2016 and to $8.50 per hour on January 1, 2017.

The measure is sponsored by Give Arkansas a Raise Now. The Arkansas AFL-CIO and Arkansas Hunger Relief Alliance have endorsed the campaign.

As of September 9, 2014, no organized opposition to the measure has formed. A number of Republicans have said they are opposed to the initiative, but the party's two most prominent faces in the upcoming election support the measure. US Rep. Tom Cotton (R-4), who is running for the US Senate, and Asa Hutchinson (R), who is running for governor, have both said they are voting "yes" on increasing the minimum wage. Cotton said there are alternatives to raising the minimum wage, but without a "healthy economy" and effective leadership in Washington, raising the minimum wage is a preferable option for Arkansas. The state Democratic Party included raising the minimum wage in their party platform, and US Sen. Mark Pryor (D) also endorsed the measure.

Arkansas Issue 5, as well as South Dakota Measure 18, would both increase the hourly minimum wage to $8.50 in their respective states. Nebraska Initiative 425 would increase the wage to $9.00, and Alaska Measure 3 would increase the state's minimum wage to $9.75. The issue of raising the minimum wage has become a hotly contested topic at the local, state and federal levels.

North Dakota Clean Water, Wildlife, and Parks Amendment

With North Dakota's oil boom still going strong, some conservation and hunting groups would like to see some of the state's revenue from the oil go towards things like improving water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for fishing and hunting, land acquisition for parks and outdoor education for children. They proposed a Clean Water, Wildlife and Parks Amendment, which was certified by the North Dakota Secretary of State on September 5, 2014. The initiative was designated as Measure 5.

The measure wouldn't create a new tax, but redirect five percent of the state's oil extraction tax revenue to a Clean Water, Wildlife, and Parks Trust (the "trust") and a Clean Water, Wildlife, and Parks Fund (the "fund"). Of the revenue received from the oil extraction tax, 90 percent would be deposited into the fund, while 10 percent would be deposited into the trust. The fund would be used to provide grants to public and private agencies to aid them in expanding and maintaining conservation projects and outdoor recreation opportunities. The fund would be governed by a Clean Water, Wildlife, and Parks Commission, which would be comprised of the governor, attorney general and agriculture commissioner. A Citizen Accountability Board would be appointed for three-year terms to review grant applications and make recommendations to the commission. The principal and earnings of the trust could not be used until after January 1, 2019, and only with a two-thirds majority vote in the North Dakota Legislature.

The initiative would require that every twenty-five years, voters be able to decide on the question of whether to continue the fund’s financing from the oil extraction tax.

North Dakotans for Clean Water, Wildlife & Parks, the group sponsoring the amendment, has the support of Pheasants Forever, Ducks Unlimited, Audubon Society and The Nature Conservancy, among others. Howard Vincent, CEO of Pheasants Forever, called the amendment "a savings account for your children’s future." He continued, "The oil boom and higher crop prices mean that North Dakota is enjoying economic growth like it’s never seen before; but that prosperity is coming at a cost, and we need to think ahead... Also, dedicating funding to clean water, wildlife and parks is akin to opening a savings account for your children’s future. Funding must be in place for future generations of North Dakotans, and this gas-extraction tax is a straightforward and painless way to accomplish that goal."

The opposing North Dakotans for Common Sense Conservation has the support of the North Dakota Farmers Union, North Dakota Farm Bureau and a number of chambers of commerce. The group says the amendment is driven by out-of-state interests, and that spending should not be constitutionally mandated.

In 2012, a similar measure almost made the ballot, but the secretary of state's office determined that several signature gatherers for the measure committed petition fraud by falsifying signatures. In 2014, the petition drive was clean, and supporters had a high validity rate. Of the 41,136 signatures they turned in on August 4, 39,755 were deemed valid. That's a validity rate of 96.64 percent.

North Dakota School Year Begins After Labor Day Initiative

The final initiative certified in 2014, North Dakota's Measure 8, would mandate that public school classes begin after Labor Day in North Dakota. Currently, each school district in the state is free to design their respective school calendar, including the academic year’s starting date. Minnesota, Michigan and Virginia are the only states that currently require school classes to begin after Labor Day.

Supporters say the measure would give students more time with their families during August, the last summer month for North Dakota. Students would also be spared from sitting in hot classrooms, many of which don't have air conditioning. Opponents argue that current laws put the school calendar in the hands of school districts. They say a local decision is better than a state mandate.

Start ND School after Labor Day, the initiative's sponsoring committee, was required to collect a minimum of 13,452 valid signatures by August 6, 2014. Supporters turned in approximately 15,781 signatures to the North Dakota Secretary of State. Of the 15,781 signatures, 14,907 were deemed valid. The initiative was certified for the ballot on September 5, 2014.

Quick hits

2014 Count
Number:	148 measures
States:	Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Washington, Wisconsin, West Virginia and Wyoming

• People won't be gambling on horse races in Nebraska any time soon: The Nebraska Supreme Court struck Amendment 1 from the general election ballot in Nebraska. The measure would have allowed for wagering or gambling on live, delayed or replayed horse races at licensed racetracks. It would have also determined how tax revenue from the gambling would be allocated. The Nebraska Constitution contains a provision against asking constituents to answer two questions in just one vote. Opponents of Amendment 1 said the measure did just that. It asked voters to legalize racetrack gambling and approve the tax revenue plan. On September 5, 2014, the court agreed that the measure asked more than one question, and it was removed from the ballot.

• First round of polls for Georgia ballot measures show support: All three legislative referrals in Georgia were polled at the end of August by Sand Mountain Communications, LLC. All three had support of the majority, but some were closer than others. The Reckless Driving Fines for Injury Trust Fund Amendment was supported by 51 percent of those polled. The Private College Buildings Tax Exemption Measure had the highest level of support, with 59 percent in favor. About 17 to 22 percent of those surveyed said they were unsure about the measures. If all three continue on with relative popularity, they'll be set to win on election day. No support or opposition campaigns exist for any of the ballot measures.

• Referendums aren't just for Americans. Scotland prepares to vote on independence: On September 18, 2014, Scotland will vote on secession from the United Kingdom. The Scottish looked liked they were prepared to stay in the union up until recently, when polls started showing the "yes" and "no" camps in a dead heat. Scotland's independence would have ramifications for the United States. The United Kingdom is an ally of the United States, especially in terms of foreign policy. There's a nuclear missile deterrent system off the coast of Scotland, for example. Alex Salmond, First Minister of Scotland and independence supporter, has pledged to remove the base housing the missiles. There's also the issue of Scotland's membership in NATO. In June 2014, President Obama said, “[W]e obviously have a deep interest in making sure that one of the closest allies that we will ever have remains strong, robust, united and effective partner [sic].” A bipartisan bill, HR 713, has even been introduced into the House of Representatives. The legislation "respects the right of the Scottish people to make their decision regarding their status in the September 18, 2014, referendum," but emphasizes "support for a united, secure, and prosperous United Kingdom."

Spotlight

Citizens for a Safer Maine activists in Lewiston

Marijuana legalization measure qualifies for the ballot in Lewiston, Maine, one of at least three cities targeted by Citizens for a Safer Maine:

The group Citizens for a Safer Maine worked to get marijuana legalized in Portland, Maine, in 2013 and are at it again in 2014. The group targeted Lewiston, South Portland, where the measure will appear on the ballot, and York, where proponents recently submitted signatures. In each case, the proposed initiatives seek to allow adults to possess and use, in private, up to 2.5 ounces of cannabis without any criminal or civil penalties.

On September 2, 2014, the Lewiston City Council put the initiative on the ballot. They were left little choice by a successful initiative petition drive led by Citizens for a Safer Maine, who turned in 1,250 signatures supporting its initiative. The group needed just 859 of them to be valid and passed that threshold with flying colors. This gave the city council the option of adopting the initiative directly or sending it to the voters. Leery of contradicting state and federal law or worried the measure would simply be ineffectual, the city council members unanimously voted to pass the decision on to the voters.

David Boyer, the political director for the Maine branch of the Marijuana Policy Project (MPP) said, “Our opponents will claim this measure has no teeth, but that’s because they’ll say just about anything to maintain the status quo. Police have discretion and can refrain from arresting adults for marijuana possession. We expect them to follow the will of the voters and do just that if this law is approved in November.”

Voting on Fracking
Policy
Fracking policy
Ballot Measures
By state
By year
Not on ballot Local Local fracking

Voters in Gates Mills, Ohio, will decide an anti-fracking initiative after city officials back down over signature requirements:

A group called Citizens for the Preservation of Gates Mills turned in 134 signatures - well over 10 percent of the number of voters who cast votes in the last election. Citing state law, this is the threshold petitioners thought they had to achieve. The village's law director, Margaret Cannon, however, said that petitioners needed at least 198 valid signatures, which amounts to 10 percent of all registered voters in the village. Petitioners scrambled to gather over 200 signatures on a new petition, which may have contained enough valid signatures to surpass the 198 signature requirement. Cannon ultimately backed down, however, agreeing that the original petition was sufficient.

This decision allowed Gates Mills voters to join voters in both Athens and Niles in deciding on a measure to prohibit fracking in November.

Some believe that the measure will have no effect in the face of state laws. Gates Mills Mayor Shawn Riley is among these and suggested a pool of shares for local property owners instead of an outright ban. Supporters of this property trust propose that it will at least give more control over oil and gas drilling from a mineral rights perspective, allowing for tighter reins over the industry and keeping more profits local. Some, however, think the trust will do nothing to deter oil companies. Mayor Riley agreed to put a hold on the trust proposal until after the November fracking ban question is decided.

Some residents of Gates Mills are concerned about the effect fracking will have on home and property values and the status of Gates Mills as a place with lots of wildlife and natural beauty. Bonny Myers, a member of Citizens for the Preservation of Gates Mills, said "We are talking about a large industrial operation taking place in a small residential community. What will this proposed trust and the horizontal fracking do to our status as a bird sanctuary and 'one of the most desirable locations in Northeast Ohio?'"

Citizens for the Preservation of Gates Mills spokesperson Bob Andreano was also concerned about the David and Goliath scenario faced by local laws up against state legislation. He still expressed support for local bans, however, saying, "As more villages and cities start passing these things my hope is our legislators in the Statehouse will see people are not happy with the state controlling what goes on in our local communities. There might be a legal challenge, but it's a deterrent to the oil companies. They don't want a hassle."

See also

2014 ballot measures

Tuesday Count • 2014 Scorecard

• Ballotpedia's Tuesday Count for 2014
• 2014 ballot measures
• Local ballot measure elections in 2014
• Potential 2014 ballot measures