Voters across the country will decide rules on elections, drug legalization and sports gaming in Tuesday’s election. Abortion rules might be the biggest issue on the ballots.
Five states have abortion proposals on the ballot. California’s Proposition 1, Michigan’s Proposal 3 and Vermont’s Proposal 5 seek to enshrine abortion rights into state constitutions. Meanwhile, Kentucky’s Amendment 2 and Montana’s LR-131 tout limits that pro-life advocates favor.
All three of the pro-choice initiatives lead in the polls. For Democrats, the possibility of a trifecta on abortion offers a silver lining against the backdrop of a possible Republican wave in the congressional, gubernatorial and legislative races.
Meanwhile, the pro-life side’s best bet is Montana’s LR-131, a “born alive” measure that requires health care workers to try to save the life of a baby that survives an abortion.
Kentucky’s Amendment 2 has a less certain fate. The amendment would head off future “codify Roe” measures by declaring nothing in the state Constitution protects a right to abortion. Voters in Kansas defeated a similar amendment in August in what was billed as a referendum on the Supreme Court’s June 24 decision overturning Roe v. Wade.
Should a pro-choice initiative sweep on Election Day be viewed as a repudiation of the court’s ruling? Not as far as abortion foes are concerned.
They cite the surge of unabashedly pro-life Republican candidates posing a threat to entrenched Democrats even in traditionally blue states, as well as the significant fundraising advantage that pro-choice groups enjoy.
“They have money, they have the media and they’re able to hide how extreme their extreme policies are,” said Stephen Billy, Susan B. Anthony Pro-Life America vice president for state affairs. “And when we’re able to break through that, we win. We’ve been able to do that with pro-life candidates, and we need to replicate that with ballot measures.”
In Michigan, the campaigns for and against Proposal 3 have spent $57 million, which is more than the $56 million raised by the candidates for governor, secretary of state and attorney general combined, according to an Oct. 28 analysis by Bridge Michigan.
Of that total, the Reproductive Freedom for All coalition in support of Proposal 3 raised $40.2 million, more than double the $16.9 million collected by the pro-life Citizens for MI Women and Children.
“All eyes are on Michigan,” said Nicole Wells Stallworth, Planned Parenthood Advocates of Michigan executive director, in a statement.
A Cygnal poll released Friday showed Proposal 3 ahead by 52.% to 42.7%.
The measures in California and Vermont are almost certain to pass.
“Our campaign will also serve as a blueprint for advocates looking to restore abortion rights through the power of direct democracy,” Ms. Stallworth said. “I’m hearing from leaders across the country who are closely following our campaign and laying the groundwork for citizen-initiated ballot measures in their own states.”
The abortion measures represent a handful of the 132 measures on the ballot in 37 states. Other issues to be decided include:
Sports gambling: When it comes to elections, money isn’t everything. This year’s best examples are Propositions 26 and 27, the initiatives legalizing sports gambling on the California ballot.
Campaigns for and against the competing gaming measures have raised a record $572 million, according to a San Francisco Chronicle analysis, and yet both are trailing in the polls. One reason may be overkill: Voters appear to be tuning out the flood of ads.
Elections: Nine states are deciding on changes to voting rules. The most sweeping is Nevada’s Question 3, which would replace partisan primaries with a ranked-choice voting system like that passed two years ago in Alaska. The state’s Democratic establishment and unions have come out against it, as have some Republicans. This system lets voters submit ballots that list not only a first choice, but also a second, third and so on.
The ballot also shows some red states moving to tighten up voting rules while blue states seek to make the process more accessible. Nebraska’s Initiative 432 would require a photo ID to vote. Arizona’s Proposition 309 would require a current photo ID for in-person voting and heighten ID requirements for early and absentee voting.
In Louisiana and Ohio, voters will cast ballots on whether to bar noncitizens from voting in local elections.
Connecticut will decide whether to offer early voting for the first time. Michigan has a proposed constitutional amendment to expand early voting, requiring more drop boxes and adding postage to mail-in ballots.
Arizona and Arkansas are also considering whether to tighten ballot rules.
Colorado’s Proposition GG will decide whether to place additional requirements on initiatives to lower income taxes. The free-market Independence Institute called the proposition an attempt to “thwart future citizen ballot efforts that would reduce income taxes.”
In what probably isn’t a coincidence, the ballot also includes Proposition 121. The Independence Institute backs the initiative, which would reduce the income tax rate from 4.55% to 4.40%.
Drugs: No ballot would be complete without at least one measure to legalize recreational marijuana. This year there are five states deciding pot measures: Arkansas, Maryland, Missouri, North Dakota and South Dakota.
Colorado, the first state to allow recreational pot, may take its drug culture a step further with an initiative to legalize the sale of psilocybin, the active ingredient in psychedelic mushrooms, for personal use in licensed “healing centers.” Oregon passed a similar measure in 2020.
Firearms: Iowa’s Amendment 1 asks voters whether to add the right to bear arms in the state Constitution and place any restrictions under the “strict scrutiny” test. The measure had 58% support in an Oct. 24 poll by The Des Moines Register.
At the other end of the gun spectrum is Oregon’s Measure 114, which would ban the sale and transfer of ammunition magazines holding more than 10 rounds, require a permit to buy a firearm in state and require full background checks before sales or transfer. A Nelson Research poll released Friday showed 46.1% in favor and 49.4% opposed.
Attendance: Oregon Democrats are behind Measure 113, which seeks to discourage recent Republican walkouts by limiting unexcused absences by state legislators. Any state lawmaker with 10 or more such absences would be prohibited from seeking reelection.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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