This week’s noteworthy ballot measures
The end of August has been a busy time for our ballot measures team. It seems like every day, another interesting and highly intriguing story comes across our team communication channels. I thought I’d give Brew readers a rundown about some of the news happening in four states.
Arkansas
On Aug. 21, two Arkansas citizen-initiated measures—one that would establish ranked-choice voting and another that would establish a redistricting commission—were provisionally certified for the ballot. Whether or not votes will be counted for the measures is a question pending before the Arkansas Supreme Court. Secretary of State John Thurston (R) found on July 14 that signatures for the initiatives were insufficient because petition circulators' background check certifications did not comply with state law, which requires that each paid canvasser passes a state and federal criminal background check. The two measures’ campaigns submitted certifications stating that the background checks were acquired but did not say they were passed.
Retired Circuit Judge John Fogleman was appointed by the Arkansas Supreme Court on July 24 as a special master to resolve the disputes between the two measure campaigns and the secretary of state concerning petition circulator background check certifications and signature validity. Fogleman's report was submitted to the state Supreme Court on Aug. 10.
Nebraska
On Aug. 25, Nebraska Secretary of State Bob Evnen (R) announced that three initiatives that would authorize and tax gambling at racetracks in Nebraska would not make the ballot. The decision came after three Nebraskans—Dr. Richard Loveless and Ann and Todd Zohner—submitted written objections regarding the ballot language of the initiatives. The objections were filed on Aug. 7 after Keep the Money in Nebraska, the campaign behind the three initiatives, submitted over 465,000 signatures on July 2 for the three petitions. Secretary Evnen determined that all three petitions were not legally sufficient, thereby disqualifying them from the November ballot. Keep the Money in Nebraska plans to appeal the secretary of state’s decision.
North Dakota
On Aug. 25, the North Dakota Supreme Court ordered that a constitutional initiative designed to establish top-four open primaries and ranked-choice voting, as well as make changes to redistricting procedures in the state, be removed from this year’s ballot. The court ruled that the measure must be blocked from appearing on the ballot because the text of the constitutional amendment referenced statutory law and that "embedding a statute into the Constitution, which by definition is a law inferior to the Constitution and subject to change by normal legislative procedure, would threaten the sanctity of our fundamental law."
Maine
Ranked-choice voting (RCV) may not be used in this year’s presidential election in Maine. On Aug. 24, Superior Court Judge Thomas McKeon ruled that the Republican Party gathered enough signatures to put a challenge to the RCV law on the ballot. The ruling means that the voting process won’t be used in a presidential election in the state until at least 2024. Secretary of State Matt Dunlap (D) said his office plans to contest the judge’s ruling.
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