Ballot Measures

News & Analysis as of

Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

San Diego Minimum Wage Ordinance Put On Ice

San Diego’s hotly contested minimum wage ordinance has been put on ice until at least 2016. The City Council approved the ordinance in July and then later overrode the mayor’s veto. A petition drive by San Diego business...more

To Campaign or Not to Campaign: A Refresher

As November elections and some major ballot measures loom, and as 2016 general election candidates start copping to “thinking about a run,” now seems a good time to revisit the impartiality required of public agencies and...more

California's Prop 45: Sticking it to "the Man" or to the People?

Continuing our series covering the various measures Californians will see on the 2014 midterm election ballot, we now turn to Proposition 45, or the Public Notice Required for Insurance Company Rates Initiative....more

Land Use By Another Name?: Local Governments Seek to Tax Softdrinks By Ballot Measure

Our regular readers will know that this blog is as much about land use, specifically, as it is about local government powers, generally, and the direct and indirect impacts on land use....more

Public Officials and Agencies: To Campaign or Not to Campaign?

California law allows public agencies to expend public money and resources to educate voters on matters included on an upcoming election ballot. State law does not permit using public money or resources to advocate on behalf...more

SB 1272 (NKA Proposition 49) – The Secretary of State

Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more

Ninth Circuit Strikes Down Initiative Disclosure Requirement

The Ninth Circuit Court of Appeals recently issued a decision with significant implications for local and statewide ballot initiative processes. In Chula Vista Citizens v. Norris, the court upheld a Chula Vista Municipal Code...more

Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot...more

$15 Minimum Wage in Chicago on March Ballot

The Chicago Board of Election Commissioners recently confirmed that in March of 2014 some Chicago residents will vote on a nonbinding ballot referendum on the following question: “Shall the city of Chicago require a minimum...more

More GMO Labeling Ballot Initiatives Coming in November; Federal Labeling Initiatives in Congress

Despite losses in California and Washington, groups in favor of labeling food containing or consisting of genetically modified organisms (“GMO”) continue legislative efforts at the state and national level. Oregon and...more

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more

New Jersey Voters Raise State Minimum Wage

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 3 to 2 margin) a constitutional amendment to raise the minimum wage, starting on January 1, 2014, from $7.25 to $8.25 per hour. The amendment also...more

New Jersey Voters Approve Minimum Wage Increase

On November 5, 2013, New Jersey residents voted to approve an amendment to the New Jersey Constitution that will result in a $1.00 increase in the state's minimum wage rate. As of January 1, 2014, New Jersey's minimum wage...more

Washington State GMO Labeling Initiative Defeated; Kaua’i Anti-GMO Law Vetoed; Big Island Anti-GMO Bill Pending

Washington voters rejected Initiative 522 at the polls by a considerable margin this past Tuesday. Initiative 522, a right-to-know law styled similarly to California’s Proposition 37 that was defeated last year, would have...more

New Jersey Voters Approve Minimum Wage Hike; Rate To Increase To $8.25 With Future Increases Tied To Cost Of Living

New Jersey voters overwhelmingly approved a measure that will increase the state's minimum wage rate from $7.25 to $8.25, effective January 2014. The measure also included a constitutional amendment that will tie the minimum...more

Court Holds Groundwater Augmentation Charge is Not Subject to Voter Approval Requirements of Proposition 218

Notice of a Public Hearing for a Property-related Fee or Charge Must Only be Mailed to the Record Owners of Each Affected Parcel - A California court of appeal recently held that a groundwater management agency’s...more

California Approves Petition for Personal Privacy Ballot Initiative

Recently, the California Secretary of State announced that the proponents of a new initiative regarding personally identifying information (PII) may begin collecting petition signatures for their proposed ballot measure....more

Sponsors Drop California Ballot Initiative Intended to Transform Privacy Class Actions

Recent reports have circulated regarding a California ballot initiative that, if successful, might have marked the second time California would have caused a national shift in privacy law. Just 10 years ago, California...more

New California Law Establishes Additional Requirements for Conducting Elections Involving Stormwater and Flood Control Service...

Public Agencies Must Adhere to New Steps By Next Summer - Public agencies that handle water, sewer, and solid waste services in California are required to comply with certain mailed notice and majority protest public...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to...more

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative...more

2013 Legislature Adopts Important Amendments to Minnesota Campaign Finance Laws

During the 2013 session, the Minnesota Legislature adopted important changes to Minnesota’s campaign finance laws. These laws will go into effect on August 1, 2013. ...more

Broomfield Joins The Growing List of Colorado Cities That Will Have Fracking Bans On Ballots This Fall

The Broomfield City and County Clerk’s office has determined that enough signatures have been collected to put a five-year fracking ban on the November ballot in the City and County of Broomfield....more

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