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Edited by Al Ortiz
The Tuesday Count took a step back this past week, leaving the total at 97 ballot measures in 31 states. However, there was still plenty of certification movement below the surface. The reason: one measure was added in Alabama while two were taken off the ballot in Ohio and Missouri.
The Alabama Legislature referred a measure related to Medicaid in the state. The amendment, slated for a September 18 special election, would authorize the transfer of $145.8 million from an oil and gas trust fund to the General Fund for the state Medicaid budget.[1]
Article XVIII of the Alabama Constitution requires a three-fifths (60%) vote of the Alabama State Legislature to qualify an amendment for the ballot.[2]
Meanwhile, the de-certification that occurred in Ohio is not without controversy. An election law veto referendum was taken off of the ballot this past week, much to the dismay of initiative organizers.
The veto referendum would have repealed an elections law that was passed in the state of Ohio in 2011. The targeted election law would have moved future primary election dates from March to May, among other provisions.
Additionally, the legislation would have shortened the period of mail-in absentee voting from 35 days before the election to 21. The number of days residents can vote early would be limited to 14 days before the election. Currently, the number of days residents can vote early is also 35 days.
The veto referendum to take down the legislation made it onto the ballot after initiative sponsors of the repeal gathered 231,184 valid signatures from registered voters by the deadline.
However, it was reported on February 1, 2012 that a legislative proposal was introduced in 2012 session to repeal the new election law, therefore aiming to do the same as the citizen-initiated veto referendum. This, according to reports, was done to avoid a referendum election that could cost the state money.[3]
The bill that was considered in the state legislature was Senate Bill 295. According to reports, the bill was to be voted on by the Senate Oversight and Reform Committee in order to have it considered by the full chamber.
Some critics stated that the proposal violated the rights of referendum by citizens and could discourage future referendum efforts. Norman Robbins, a voting rights advocate, stated, "This is an outright violation of Ohio citizen's rights to ask for a referendum, and would discourage any future campaigns on other issues because the ruling majority could simply repeal the referendum issue before the election."[4][5]
After final legislation approval earlier this month, on May 15, Ohio Governor John Kasich signed Senate Bill 295, therefore overturning the law and foregoing placing a referendum on the ballot in November.[6]
In Missouri, the voter identification amendment met its fate when state legislature failed to replace the ballot language that would appear before voters in the fall. This lead to the proposal's removal from the ballot. The proposed ballot title for the amendment was previously found by the Missouri Supreme Court to be misleading and that revisions were required to keep it in front of voters in November.
This leaves the state with two statewide questions on the ballot.
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