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Ballot measure laws and legislation

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Ballot measure lawsuit news:

Maryland Court of Appeals to hear ballot access case

ANNAPOLIS, Maryland: The Maryland Court of Appeals, the state's high court, announced that it will hear arguments in a ballot access case over the state's methods of validating petition signatures on March 2nd.^[1] The original lawsuit was brought in April 2011 by the Libertarian and Green parties of Maryland; it named the State Board of Elections (SBE), and Linda Lamone as Administrator of the SBE, as defendants. The suit claimed that thousands of signatures were improperly invalidated by the SBE and sought validation of those signatures - which would allow the parties to put candidates on the ballot in Maryland during the 2012-2014 election cycle.

Each party submitted approximately 15,000 signatures to the State Board of Elections for validation in March 2011 - 50% more than the 10,000-signature minimum needed to gain access to the ballot. The State Board of Elections invalidated approximately 60% of both the Libertarian and Green party's signatures due largely to signature and printed name irregularities - reasons the parties claimed was improper. The original lawsuit offered the following example: "If a voter who is registered as John Henry Smith printed his name as “John Smith” while signing it as “John H. Smith,” the SBE Guidelines directed local boards to invalidate the entry because the middle initial was missing from the printed name, even though it was present in the signed name."^[2] The suit went on to explain:

"Interestingly, the scrutiny demanded by the SBE Guidelines would lead to the invalidation of the signatures and “full” names customarily used by Governor Martin O’Malley (who does not sign his middle initial), Presidents George Washington and Thomas Jefferson (who abbreviated their first names when they signed them), Presidents Stephen Grover Cleveland, Thomas Woodrow Wilson, and John Calvin Coolidge, Jr. (none of whom used or signed their given first names), and Presidents Jimmy Carter and Bill Clinton (who used and signed nicknames). Indeed, seven of the last eight U.S. presidents, as well as the current Governor of Maryland, customarily sign or signed their names in ways that would make their support for a new party petition invalid under the SBE Guidelines."

In June 2011 Maryland's Fifth Circuit Court issued a summary judgement in favor of the plaintiffs, a decision that allowed the Libertarian and Green parties to put candidates on the 2012 Maryland ballot. Maryland's Attorney General's Office soon after filed an appeal on behalf of the State Board of Elections. On March 2nd the Maryland Court of Appeals will hear arguments on whether it should let the original judgement stand or overturn the lower court's ruling. How the high court rules will impact elections in Maryland for years to come. More lawsuit headlines:

...and more lawsuit news

Ballot measure legislation news:

The Tuesday Count: Marriage, marijuana fight for the political center stage

Edited by Al Ortiz

In true fashion for the cold month of February, the Tuesday Count remains frozen in place with 60 measures in 24 states.

However, social controversies are quickly taking over ballot measure news for what could be a gargantuan political battle.

Starting in the state of Washington, the issue of same-gender marriage is coming to a boil with a piece of legislation recently passed in the state senate. The legislation would legalize same-gender marriage in the state if passed by the Washington House of Representatives. Since the bill is not a ballot measure, the law would be enacted automatically.

If passed, according to reports, opponents of same-gender marriage will go forward with a proposed veto referendum to overturn the legislation. In order to qualify for the ballot, veto referendum petitions require signatures equal to 4% of the votes cast for the office of governor. Supporters of the referendum have 90 days following the end of the legislative session (March 8, 2012) to collect sufficient signatures.

Once a Referendum Measure is certified, it is placed on the next state general election ballot for the voters to decide. A "Yes" vote approves the law as passed by the Legislature. A "No" vote rejects it.

The proposal has not been filed with the Washington Secretary of State since the proposal, Senate Bill 6239, has yet to be passed by both chambers.

Another significant development recently occurred concerning same-gender marriage in the state of California. Read more about this story in the Ballot Law Update section.

Medical marijuana seems to be taking shape as a 2012 hot button issue, made evident by three ballot initiatives that have made headlines in their respective states recently.

On February 3, 2012, the Colorado Secretary of State announced that a Colorado marijuana initiative effort had fallen short of the required signature total by about 2,500. According to reports, supporters of the proposal have until February 15, 2012 to submit the additional signatures required to make the ballot.

Sponsors need at least 85,853 signatures to make the ballot. The initiative, filed eight different times with the Colorado Attorney General around the date of May 20, 2011, would ask whether or not to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older. Another marijuana initiative, separate from the aforementioned marijuana proposal, would legalize marijuana in the state, with no regulations regarding age or amount in possesion.

Supporters of another marijuana initiative, this time in Montana, filed their proposal again after being rejected the first time for being "not legally sufficient", according to the Montana Secretary of State's office.

Petition drive deadlines
Next up: Wyoming February 13, 2012 Then: North Dakota (Primary) March 14, 2012

Redistricting aggressively took over the country's state legislatures this past year. For Arizonans, the issue of congressional and legislative districts could invade their ballots in both May and November.

Three potential constitutional amendments were introduced by Speaker of the House Andy Tobin relating to redistricting maps. If approved by a majority of each chamber, two measures would be placed on a special election ballot in May, and one would be on the November 2012 general election ballot. Most notably, the measures propose alternatives to the maps implemented by the Arizona Independent Redistricting Commission.

Two measures, dealing with alternative congressional and legislative maps, are proposed to appear on a May 15 special election ballot. The third measure, proposed for the general election ballot, would increase the Independent Redistricting Commission membership from 5 to 12 and give the Speaker of the House more appointments to the commission. The Independent Redistricting Commission was approved by voters via Proposition 106, which was on the 2000 general election ballot.

A majority vote is required in the Arizona State Legislature to send a constitutional amendment to the ballot. Arizona is one of ten states that allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.

To the north of the Grand Canyon State, signatures are due for the North Dakota University "Fighting Sioux" referendum, as petitions must be submitted by the end of business day today, February 7. According to reports, supporters believe they have enough signatures to make the ballot. Check for updates tomorrow as more developments occur.^[1]