Key ballot measure opportunities and dangers

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From the Desk of Trevor Potter
Much of the focus of this upcoming election has been on the horse race between the two major party presidential candidates and a few races that will determine control of the U.S. Senate in the next Congress. Less prominent in this preelection conversation — but no less important — are the many state ballot measures that could either strengthen our democracy or undermine the voices of voters.

One estimate puts the total number of statewide ballot measures ([link removed]) at 160, the most since 2018. With mail-in ballots already being distributed in some states and early in-person voting underway in others, now seems like the right time to pay attention to some key ballot measures. Please bear with me as I try to cover a lot of ground with as few words as possible!
Fair Maps Through Independent Redistricting
Issue 1 in Ohio ([link removed]) is a ballot measure supported by Campaign Legal Center (CLC) and a broad, grassroots coalition, including organizations like Citizens Not Politicians ([link removed]) . It would bring fair voting maps to the Buckeye State by creating a nonpartisan independent redistricting commission (IRC) to combat gerrymandering. The IRC proposed by Issue 1 meets the gold standard for ensuring fair district maps, as described in a CLC report ([link removed]) released this summer.

As with many states where partisan politicians control the process of sorting voters into district maps, the balance of power in Ohio’s state government does not reflect overall voting patterns. According to one analysis, a 10-year statewide average shows Ohio voting 56-43 in favor of Republicans, a solid but not overwhelming majority. But gerrymandering has given Republicans unrepresentative supermajorities in the state House and the Senate.

Unsurprisingly, the same self-interested government officials who want to perpetuate unfair maps for Ohio voters are attempting to sow confusion through misleading ballot language ([link removed]) about Issue 1 — language that was mostly upheld ([link removed]) in a partisan ruling by the state Supreme Court. For example, the description on the ballot says Issue 1 would “repeal constitutional protections against gerrymandering” — a flagrant mischaracterization of a proposal that would do the exact opposite. The bottom line is that Issue 1, if passed, would put a process in place to allow Ohio voters to choose their representatives, instead of the other way around.

Meanwhile, in Utah, voters have stopped a cynical attempt by state lawmakers to pass a constitutional amendment via a similarly misleading ballot measure that would have completely undercut efforts to bring independent redistricting to that state.

Utah voters, represented by CLC, scored this victory ([link removed]) by successfully arguing that the deceptive ballot language and the rushed process to get the amendment on the November ballot without proper notice violated the state constitution. As a result, the state Supreme Court has voided Amendment D in a unanimous ruling. The upshot is that the long-running campaign for fair maps ([link removed]) in Utah, supported by CLC’s redistricting team, can now proceed without interference by partisan actors in the state Legislature.

Ranked Choice Voting and Open Primaries
Another positive trend this year is the number of states and localities considering ranked choice voting and/or open primaries. This increasingly popular reform can improve elections in many ways ([link removed]) , most importantly by giving voters the freedom to support their favorite candidate without worrying that their vote will be wasted, while also ensuring that outcomes in our elections are more equitable and representative of the will of voters.

In some states, ranked choice voting measures are being paired with efforts to limit partisan control over primary elections. Under such systems, known as final-four or final-five voting, candidates from all parties run against each other in a single primary, with the top four or five finishers advancing to the general election.

Jurisdictions with ranked choice voting on the ballot this November, with or without primary reform, include Colorado (Initiative 310), Idaho (Proposition 1), Montana (Ballot Issue 12), Nevada (Question 3), and Oregon (Measure 117), as well as Washington, D.C. (Initiative 83).

But there is some potential for backsliding. In an effort supported by CLC, voters in Alaska approved ranked choice voting and top four primaries in 2020 ([link removed]) . This system was used in the 2022 election in that state, allowing a diverse variety of candidates to win office. Opponents of these reforms unfortunately have managed to advance a ballot measure ([link removed]) this year (Ballot Measure 2) that would overturn the new system and reinstate political party primaries and single-choice general elections.

Citizenship and Voting
The effort to spread fear and misinformation about who is voting in our elections ([link removed]) is being led by partisan actors to sow election mistrust, and these efforts have resulted in ballot initiatives in at least eight states. If approved, I worry these initiatives may ultimately serve as stepping stones toward unlawful restrictions on the freedom to vote.

There are already strict laws in place that ensure only U.S. citizens can vote in federal elections. Immigrants who have worked hard to become American citizens deserve the freedom to vote without facing unnecessary hurdles and harassment from the government. Measures that target naturalized citizens make it harder for Americans to exercise their fundamental freedom to vote and have the potential to do real harm.

CLC and our pro-democracy allies stand against these unnecessary and chilling ballot measures that do nothing to enhance our already safe, secure and accurate elections. We are urging “no” votes against amendments requiring citizenship to vote in Idaho, Iowa, Kentucky, North Carolina, Oklahoma, South Carolina, Wisconsin and Missouri’s Amendment 7 (which also prohibits ranked choice voting in most elections).

Know Your Ballot
With so many ballot measures on the docket for November, the key takeaway for voters is the importance of understanding everything we are being asked to weigh in on during this election, beyond choosing the next president, governor or member of Congress. Do your research. Read analysis from organizations like Campaign Legal Center. Talk with friends and neighbors. And, above all, vote in favor of democracy.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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