One of the great benefits of living in Arizona is the state allows for more ballot measures than almost any other. Ballot measures truly embody the spirit of democracy, giving the people a greater role in the decision-making process concerning important policy decisions and substantial expenditures.
There were five major propositions on the Arizona ballot in this mid-term election. While a final accounting remains on three of the measures, it is abundantly clear voters were ready and willing to accept major financial liabilities in an attempt to spur investment and attract talent to the Phoenix area. Voters also sent a strong message to the state and federal governments that individuals should have greater choice over their health care.
Proposition 303 – The Right to Try – By far the most popular ballot measure, the people of Arizona overwhelmingly voted to permit terminally ill residents to access and use experimental drugs and techniques, even if such remedies have not been approved by the Food and Drug Administration. This issue was seemingly divisive, with proponents and opponents split along traditional party lines. Voters were unified, however, overwhelmingly acting to broaden options available to the terminally ill. Combined with Arizona’s passage of the Medical Marijuana Act, our state is now a national leader in providing multiple avenues for patients to access alternative and innovative medicines. A less-discussed benefit of the passage of Prop 303 is Arizona may now attract greater investment from medical technology and pharmaceutical companies hoping to take advantage of this friendly regulatory scheme. Arizona may also more readily attract talented doctors who wish to offer their patients new drugs as soon as they pass Stage I trials.
Proposition 304 – Raises for State Legislators – Voters overwhelmingly decided to keep the “service” in public service. Though legislators have not enjoyed a pay increase since 1999, voters were not inclined to break the streak in this election. Though proponents argued raising salaries closer to closer reflect the national median would help prevent possible corruption and cronyism, voters disagreed. Instead, they found legislators had not merited what would have amounted to an annual $1.3 million increase to the state budget. While the savings realized by voters in rejecting this proposition are proportionally minimal, I also doubt any aspiring or incumbent legislators would be dissuaded from seeking office because of the failure of this proposition.
Proposition 122 – State’s Rights Act – This proposition is one of a series of recent Arizona ballot measures that generally served to thumb the state’s nose at the federal government. Unlike its predecessors, however, this proposition was enjoying a very narrow approval margin, whereas past efforts have failed spectacularly. If the approval stands, our Constitution shall be amended to empower the people (via initiative or referendum) or the state government (via passage of a bill or prosecution of a successful lawsuit) to prohibit any state or local personnel or finances from being used to enforce or support an unconstitutional federal laws. The most obvious application of such power would be to permit the state to withhold funds from any mandates imposed by the Affordable Care Act. The more practical result is the Obama Administration will pursue a lengthy lawsuit that has a good chance of ultimately ending up before the United States Supreme Court. If Arizona succeeds in passing this constitutional amendment and survives the subsequent legal challenge, this measure will serve as a new benchmark of success in the struggle to reestablish strong state rights in the face of a federal government that has drastically and continuously grown in size and scope since President Bush was first elected.
Propositions 480 and 487 – Hospital Bond Proposal and Phoenix Pension Repeal – Though more votes must be counted before these results are finalized, the hospital bond is likely to be approved and the Phoenix city pension system is likely to remain in place. In short, voters have approved what amounts to a $1.4 bllion bond to build and/or upgrade public medical facilities in Maricopa County and Phoenix will be permitted to continue to enroll its new hires in the current pension system (which, alas, is already substantially under-funded). Regardless of your political persuasion and stance on the issues, the one truism is both measures will significantly increase the long-term debt owed by Maricopa County and especially the City of Phoenix (and this doesn’t even account for any additional debt incurred by the passage of any of the school district bonds also on the ballot this year). When the bills become due (and the pensions payable), Maricopa will need a large nest egg at the ready to make payments. Accordingly, expect savvy politicians to begin raising taxes now. Because voters approved a 5 percent maximum cap on increases in property values at the last elections, you can expect to instead see major increases to the property tax rates. Accordingly, it is now more important than ever to pay close attention to the tax rates when the TY 2016 tax bill notices are mailed. Remember, because the tax rates are generally set by elected officials, we can use the power of the ballot box and public advocacy to guard against any overreaches by our elected officials.
National Trends: Other states had major ballot measures to consider as well. A few trends emerged that might help shape the platforms of candidates running in 2016:
- Growing popularity of marijuana legalization and decriminalization – Ballot measures permitting recreational marijuana use were overwhelmingly approved in Washington, D.C. and Oregon, with recreational use likely to be approved in Alaska as well. Florida came a mere 2 percentage points away from becoming the first southeastern state to permit marijuana use (for medicinal purposes only) and even though it failed, more than 57% of Florida voters cast their vote in favor of legalization (It needed a 60% approval to pass). Combined with a California ballot measure that reduces criminal sentences for non-violent criminals (aimed in part to benefit those charged with non-violent drug possessions), this election symbolizes public policy has shifted in earnest to favoring marijuana legalization. With more states than ever permitting some form of marijuana use, you can expect this issue to play a big role in the 2016 presidential election. The federal government must decide soon whether to continue permitting states to engage in a piecemeal approach to legalization, whether it will legalize marijuana use itself, or if it will once again return to a policy of strictly enforcing the criminal laws that remain on the books prohibiting the sale, distribution and possession of marijuana.
- Personhood measures fail, but measures restricting abortions continue to succeed – A new tactic adopted by pro-life groups is to pass laws recognizing “personhood,” i.e., legislatively defining a “person” to include unborn entities and/or fertilized eggs. Voters do not appear ready to take such steps as two personhood measures were soundly defeated in both North Dakota and Colorado. That being said, the recent trend of empowering legislatures to restrict access to abortion clinics and services continued when Tennessee voters approved Amendment 1, paving the way for its legislature to adopt a whole host of new regulations.
- Popular support raising the minimum wage, taxation caps grow more popular – The people have spoken! What do they want? Greater pay and less taxation. Such a message plays to both Democrat (the former) and Republican (the latter) strengths and it will be interesting to watch which side more effectively spin these measures to their advantage. Alaska, Arkansas, Nebraska and South Dakota all considered and approved minimum wage increases, all the more surprising since all of these states are traditionally conservative. Meanwhile, both Massachusetts and Georgia voters approved caps on certain tax rates, a clear sign that fiscal restraint is a still-popular political platform.
- GMOs can claim victory for now– Voters in two states, Colorado and Oregon, denied measures that would require food products that were genetically engineered or modified to bear special labeling identifying them as such. Farmers suffered a late and minor setback, however, when a Maui County, Hawaii ballot measure that bans genetically engineered crops passed by only 1,000 votes. The success in Hawaii may present opponents of GMOs with a more successful avenue of attic, given labelling requirements have largely failed to capture the hearts and minds of the public.
- Miscellaneous Odds and Ends – Virginia voters oddly and overwhelmingly vote to amend their constitution to grant widowed spouses of those whom are killed in action an exemption from state property taxes. The connection between military service and property taxes, however, remains elusive. And why not extend this benefit to police officers, fire fighters, construction workers, private security guards and any other person who works in a highly dangerous field, often for the public good? Alabama voters passed a ballot requiring judges to only consider U.S. and state laws when hearing a case. I guess nobody told Alabama judges were already bound to abide by and uphold only the law of the land anyway. I wonder, does this measure also eliminate house rules for Monopoly and poker games? Voters in Oregon will still get to complain elections are too partisan and mean-spirited after voting down a ballot measure that would have adopted a non-partisan open primary system. Worse yet, Oregon’s vote ensures each election season, attack ads will continue to clutter and take up valuable space on their TiVO sets.
