Americans for Tax Reform 2022 State Ballot Measure Guide

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The fate of more than 130 ballot measures in 38 states will be decided this election cycle. Americans for Tax Reform (ATR) has identified 34 measures in 19 states that taxpayers need to know about before they head to the polls. ATR’s 2022 Ballot Measure Guide highlights the effect these measures would have on the pocketbooks and freedoms of voters.

ATR’s guide is available online at www.ATR.org/ballotguide, where it will be updated with post-election results.

ALABAMA

Measure name: Amendment 1

Policy area: Criminal Justice

This measure would: Currently, the state legislature cannot name certain criminal offenses for which bail can be outright denied by the courts. This constitutional amendment would allow the legislature to make certain offenses eligible for denial of bail. The legislature passed a bill that would allow courts to deny bail for major offenses like murder and kidnapping should the amendment be approved. Allowing bail to be denied due to a threat to public safety, along with flight risk, is a positive step beyond deciding who is released solely based on who can pay to get out.

Recommendation: Support

Result: YES 80.5% (98% reporting)

Measure name: Amendment 4

Policy area: Elections

This measure would: Require that legislation which changes election law be implemented at least six months before the general election.

Recommendation: Support

Result: YES 78.6% (98% reporting)

ARIZONA

Measure name: Proposition 128

Policy area: Elections

This measure would: Enable the legislature to repeal ballot measures that were struck down in court following approval by the voters.

Recommendation: Support

Result: NO 63.8% (78% reporting)

Measure name: Proposition 129

Policy area: Elections

This measure would: Create a single-subject rule for ballot measures. Too often the ballot measure process is used to attempt to enact legislation that is more appropriately left to the duly elected state legislative body. Frequently this approach is supported by special interests who want larger government, higher taxes, and more spending in states where the legislature does not.

Recommendation: Support

Result: YES 54.8% (78% reporting)

Measure name: Proposition 132

Policy area: Tax

This measure would: Require a 60% majority popular vote for any ballot initiative that increases taxes to be approved. This bolsters protections for Arizona taxpayers against tax hikes.

Recommendation: Support

Result: YES 50.8% (78% reporting)

Measure name: Proposition 209

Policy area: Regulation

This measure would: Cap interest rates for medical debt, and significantly increase the dollar value threshold for bank account holdings and property that is exempt from debt collection. The measure is written to sound like it saves money for Arizonans, but in reality the costs that are owed by those who won’t pay will drive up costs for other borrowers, lenders, and potentially healthcare overall.

Recommendation: Oppose

Result: YES 72.2% (78% reporting)

Measure name: Proposition 211

Policy area: Free speech

This measure would: The goal of this measure is to silence the free speech of citizen groups. It requires non-profit issue groups to disclose the “original source of funds” for any contributions totaling $5,000 to an organization that spends at least $25,000 on “campaigns.” While made to sound limited to campaign finance, the definition of “campaigns” is loose and would limit the ability of citizen groups, non-profits, and issue advocacy organizations to talk about policy issues. They would be roped into figuring out the “original source of funds” for the money they spent on such communication. That means exposing the initial person or business who earned the money to harassment and intimidation.

Recommendation: Oppose

Result: YES 72.7% (78% reporting)

Measure name: Proposition 309

Policy area: Elections

This measure would: Require date of birth and voter identification number for mail-in ballots (which could include a driver’s license number, Social Security number). It would also require photo I.D. for in-person voting.

Recommendation: Support

Result: NO 50.9% (78% reporting)

Measure name: Proposition 310

Policy area: Tax

This measure would: Impose a 0.1%, or $200 million sales tax statewide that would be distributed to local fire districts. The tax is supposed to terminate in 2042. This is a tax hike, and despite the claim that it will end after 20 years, “temporary” tax hikes have a long record of becoming permanent.

Recommendation: Oppose

Result: NO 51.6% (78% reporting)

ARKANSAS

Measure name: Issue 2

Policy area: Elections

This measure would: Require a 60% majority popular vote to approve ballot measures and constitutional amendments. This adds protection against abuse of the initiative process.

Recommendation: Support

Result: NO 59.1% (99% reporting)

CALIFORNIA

Measure name: Proposition 30

Policy area: Tax

This measure would: Increase the personal income tax by 1.75% on earnings over $2 million. New revenue would go to additional subsidies for electric vehicles and wildfire prevention programs. This is a $5 billion tax hike that would push the top income tax rate over 15% – far higher than New York’s 10.9% rate – and make California even more unwelcoming to taxpayers and small businesses.

Recommendation: Oppose

Result: NO 59.2% (60% reporting)

Measure name: Proposition 31

Policy area: Regulation; Vaping

This measure would: Uphold Senate Bill 793, which banned flavored lifesaving reduced risk tobacco alternatives. Research shows these products vital to helping smokers quit, and bans significantly increase both adult and youth smoking rates. On top of reduced consumer choice and an increase smoking rates, this ban would shut down small businesses and cost thousands of jobs. The proposition also would ban the sale of menthol cigarettes, creating a thriving black market, decreasing state revenue, diverting police resources away from real crime.

Recommendation: Oppose

Result: YES 62.4% (60% reporting)

COLORADO

Measure name: Proposition FF

Policy area: Tax

This measure would: Limit the amount of income eligible for state income tax deductions for single and married filers earning over $300,000. The goal of the measure is to increase their tax liability and raise revenue for the “Healthy School Meals for All Program.” This is a tax hike. The Democrat-controlled legislature is seeking to take more money from Colorado taxpayers rather than budget responsibly.

Recommendation: Oppose

Result: YES 55.8% (92% reporting)

Measure name: Proposition 121

Policy area: Tax

This measure would: Reduce the state income tax rate to 4.40% from 4.55%, saving the average taxpayer around $120 annually (Independence Institute).

Recommendation: Support

Result: YES 65.6% (92% reporting)

Measure name: Proposition 126

Policy area: Regulation; Liquor

This measure would: Allow for alcohol to be delivered. Licensed stores could deliver directly, or use a third-party service or app.

Recommendation: Support

Result: NO 52% (92% reporting)

IDAHO

Measure name: Income and Corporate Tax Changes and Education Funding Question

Policy area: Tax

This measure would: While not binding, this advisory question gives Idahoans the opportunity to state their support for significant personal and corporate income tax reform passed by the legislature this September via House Bill 1. The bill moved Idaho to a flat tax and included a $150 million permanent income tax cut for Idahoans, the third income tax cut in the last two years. It also returned $500 million to taxpayers in one-time rebates and dedicated $410 million to education.

Recommendation: Support

Result: YES 79.8%

ILLINOIS

Measure name: Amendment 1

Policy area: Labor

This measure would: Create a “fundamental right” to collective bargaining in the state constitution, permanently ban Right-to-Work laws, allow government unions to negotiate over virtually anything, and prevent legislators from ever diminishing these sweeping new privileges. This dangerous amendment would drive up costs for Illinois taxpayers across the board and subject the people to the whims of union leaders, while leaving their duly-elected legislators powerless to interfere. The average Illinois family would face a $2,149 property tax hike (Illinois Policy Institute).

Recommendation: Oppose

Result: YES 58.2%

KANSAS

Measure name: Constitutional Amendment 1

Policy area: Regulation

This measure would: Amend the state constitution to allow the legislature to change or repeal regulations “that have the force and effect of law.” This amendment appropriately enables the state legislature, which granted regulators their power, to serve as a check when they stray from the legislature’s intent. It is a needed restraint on ambitious bureaucrats and the regulatory state.

Recommendation: Support

Result: NO 50.3%

MASSACHUSETTS

Measure name: Question 1

Policy area: Tax

This measure would: Impose a new 4% tax on earnings over $1 million per year. Not only is this a tax increase, it is an attempt to get around Massachusetts’ existing flat tax structure. It would make the state’s top income tax rate the sixth-highest in the nation.

Recommendation: Oppose

Result: YES 52%

MICHIGAN

Measure name: Proposal 2

Policy area: Elections

This measure would: Add an amendment to the state constitution that requires early voting, no-excuse absentee voting, bars photo I.D. as a requirement to vote, government to pay for stamps for ballots, local governments to accept donations (including in-kind) toward election operations, and ballot drop boxes. Since it is a constitutional amendment, the legislature could not change these rules without referring another amendment to the constitution to voters. This is a wish list for undermining election security, and consequently, Michiganders’ right to vote.

Recommendation: Oppose

Result: YES 60%

MONTANA

Measure name: Montana C-48

Policy area: Criminal justice; technology

This measure would: Amend the state constitution to require that authorities get a search warrant to access a person’s electronic data and communications.

Recommendation: Support

Result: YES 82.3%

NEBRASKA

Measure name: Initiative 432

Policy area: Elections

This measure would: Amend the state constitution to require a photo I.D. to vote.

Recommendation: Support

Result: YES 65.7%

Measure name: Initiative 433

Policy area: Labor

This measure would: Increase the state minimum wage to $15-per-hour by 2026, and index it for inflation into the future. A $15 minimum wage threatens to kill jobs and businesses, increase the cost of consumer goods, and labor costs for government (and thus, taxpayers).

Recommendation: Oppose

NEW MEXICO

Measure name: Constitutional Amendment 1

Policy area: Budget

This measure would: Withdraw over $200 million annually (1.25%) from the Land Grant Permanent Fund to establish universal Pre-K and other early childhood programs – increasing the number of 3-year-olds in public schools to 50%. This is a poor use of taxpayer dollars in a state that repeatedly ranks 51st in the nation for K-12 education.

Recommendation: Oppose

Result: YES 70.3%

Measure name: Constitutional Amendment 2

Policy area: Budget

This measure would: Authorize the state government to fund private infrastructure and utility projects using taxpayer dollars. The anti-donation clause in the New Mexico constitution prohibits the government from giving money directly to private companies, groups, or individuals; this measure would provide a sweeping exception for spending on any-and-all “essential household services,” including internet, energy, water, and wastewater. With no oversight mechanism for the appropriation of funds, this amendment would inappropriately encourage the unrestricted use of taxpayer dollars on private projects.

Recommendation: Oppose

Result: YES 65.1%

NEVADA

Measure name: Question 2

Policy area: Labor

This measure would: Amend the state constitution to increase the state minimum wage to $12-per-hour by July 2024. This measure actually removes the provision in Nevada law that indexes the minimum wage to inflation, while empowering the legislature to impose a wage higher than the new mandated minimum. This appears to be a scheme from unions to open the door to an even higher minimum wage rate, which would then be used to inflate union member wages above that floor in future negotiations. Either way, it is bad economic policy, inappropriate for a constitutional amendment, and would affect a tiny number of workers.

Recommendation: Oppose

Result: YES 54.5% (90% reporting)

Measure name: Question 3

Policy area: Elections

This measure would: Impose ranked-choice voting and open primaries in Nevada. If approved, this measure would cripple a state party’s ability to elect their own candidate to advance to the general election. Ranked-choice voting is an opaque system, riddled with problems, that fails to accomplish what a more straightforward run-off system can.

Recommendation: Oppose

Result: YES 52.1% (90% reporting)

OHIO

Measure name: Issue 2

Policy area: Elections

This measure would: Clarify that only U.S. citizens can vote in Ohio elections.

Recommendation: Support

Result: YES 77.1%

SOUTH CAROLINA

Measure name: Amendment 1

Policy area: Budget

This measure would: Increase the general reserves to 7% of state revenues over time. Combined with Amendment 2, these measures will bring the rainy day fund savings rate up to around 10% of annual expenditures.  This will shore up state finances, reducing pressure to raise taxes if revenue collections go down unexpectedly, and enabling future tax cuts.

Recommendation: Support

Result: YES 61.9%

Measure name: Amendment 2

Policy area: Budget

This measure would: Increase capital reserves to 3% of state revenues over time. Combined with Amendment 1, these measures will bring the rainy day fund savings rate up to around 10% of annual expenditures.  This will shore up state finances, reducing pressure to raise taxes if revenue collections go down unexpectedly, and enabling future tax cuts.

Recommendation: Support

Result: YES 62.5%

SOUTH DAKOTA

Measure name: Constitutional Amendment D

Policy area: Budget; Healthcare

This measure would: Amend the state constitution to make working-age adults with incomes below 138% of the poverty level eligible for Medicaid. South Dakota is one of 12 states that have not expanded Medicaid in line with the Affordable Care Act (Obamacare).

Recommendation: Oppose

Result: YES 56.2%

TENNESSEE

Measure name: Constitutional Amendment 1

Policy area: Labor; Right-to-Work

This measure would: Add the right to work – barring employers from requiring union membership as a condition of employment – to the state constitution.

Recommendation: Support

Result: YES 69.8%

WASHINGTON

Measure name: Advisory Vote 39

Policy area: Tax

This measure would: Allow Washington voters to clearly state their opposition to a tax hike on aircraft fuel that was passed by the legislature (Senate Bill 5974). Especially in the midst of an energy and inflation crisis, the tax on fuel only makes travel more unaffordable for Washington residents, air carriers, and anyone traveling through the state.

Recommendation: Vote repeal

Result: REPEAL 59.7% (70% reporting)

Measure name: Advisory Vote 40

Policy area: Tax

This measure would: Allow voters to take an advisory vote on legislation passed this year to impose a new tax on ride-share companies. The bill imposes requirements that the companies gather and provide a number of data points to drivers, passengers, and the government. The new tax goes to a government fund that is supposed to assist drivers, the tax is indexed for inflation and guaranteed to rise. The fund also employs government agents that can get involved if there is a dispute. This mess of a bill is a tax hike and an excuse for government to micromanage independent contractors, an emerging industry, and line their pockets in the process.

Recommendation: Vote repeal

Result: YES 53.2% (70% reporting)