Focus on America

Voters in 36 states will select more than leaders on Election Day 2010.

When American voters head to the polls November 2, many are not just selecting their future leaders. They are weighing in on a variety of issues, including how their taxes are spent or what rights their state constitutions guarantee.

Ballot measures, including initiatives and referendums, give voters an opportunity to enact or repeal laws, endorse proposed laws, determine how funds will be raised or spent and approve or reject constitutional amendments.

On Election Day 2010, voters in 36 states will decide on 159 ballot measures, according to the Initiative and Referendum Institute, part of the University of Southern California School of Law. This number is comparable to that in the 2008 elections, but considerably lower than in the 2004 and 2006 elections.

Most of the issues voters will consider were placed on the ballot by state legislatures. Many state constitutions require certain measures to go before the electorate before they can move forward.

In 24 states, citizens can put forth initiatives, usually proposals that have garnered a minimum number of signatures on a petition by a specified time in advance of Election Day. In eight states, petitions for legislative action first are submitted to the state legislature, which can choose to act on the petition itself or allow the voters to decide.

Referendums also are allowed in 24 states. A referendum — a relatively rare measure — is a proposal to repeal or enact a law, or to recall an elected official. In 2010, one referendum will be on the ballot: South Dakota voters will have an opportunity to expand a ban on smoking in certain places.

ESPECIALLY COMMON IN CALIFORNIA, OREGON

Each state has its own rules governing how ballot measures are placed before the voters, but there are many common requirements, such as a mandatory minimum number of petition signatures and well-publicized deadlines for submission.

Between 1904 and 2009, some 2,314 initiatives appeared on state ballots; 41 percent were approved by the voters, according to the Initiative and Referendum Institute’s data.

Oregon and California have voted on the most measures, with 354 and 340, respectively. In 2010, they are again among the states with the most initiatives.

Two California measures are garnering national attention. Proposition 19, if passed, would make California the first state to legalize recreational marijuana use by allowing people ages 21 and older to possess up to an ounce (28 grams) of the drug. A recent USC/Los Angeles Times poll suggests a majority of voters oppose the measure.

The other is Proposition 23, in which voters will decide whether to suspend the state’s greenhouse gas reduction law until the state’s high unemployment rate — now at 12.3 percent — drops below 5.5 percent for four consecutive quarters to show a sustained strong job market. Polls suggest the electorate is split about the initiative.

State and national lawmakers pay attention to ballot measures, some of which can be a good indicator of how strongly the electorate feels about controversial issues such as gay marriage and abortion.

Health care appears to be an important issue in the 2010 elections. Voters in several states will have an opportunity to cast a “symbolic vote” against President Obama’s health care law passed by Congress earlier in 2010. The vote is symbolic because state actions — such as rejection of mandatory participation in a health insurance system — generally cannot override federal law.

OTHER NOTABLE BALLOT MEASURES

Another common entry on ballots affects how states raise and spend money.

In Oregon, voters will consider extending the duration of a lottery program that funds conservation activities. In Massachusetts, voters will be asked whether to reduce the state sales tax from 6.25 percent to 3 percent.

Citizens often use ballot measures as a way to change electoral practices. Voters in New Mexico and Oklahoma will have an opportunity to set term limits on certain elected positions. In Florida, voters will consider eliminating public funding of campaigns.

Ballot measures related to animals — many promoted by animal rights groups — are becoming increasingly common, the institute says. Missouri’s Proposition B would set minimum space requirements for dog breeding.

One of the more unusual measures this year is in the nation’s smallest state, Rhode Island, officially named “The State of Rhode Island and the Providence Plantations.” Voters will decide whether to amend the state’s constitution to shorten the name to “The State of Rhode Island.”

The current official name arose from the merger of two colonies in the 18th century. Supporters of the measure say the word “plantations” is too closely connected to slavery.

There is no provision for nationwide ballot measures in the United States. It would take an amendment to the U.S. Constitution for this to be an option.

For more on U.S. elections, see America.gov’s Frequently Asked Questions on elections. More information on referendums and initiatives is available on the website of the Initiative and Referendum Institute.

By Michelle Brooks