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List of District of Columbia ballot measures

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Ballot measures
1998:
2014:
  • Initiative 71
    • 2016:
  • Advisory Referendum B
    • 2018:
  • Initiative 77
    • 2022:
  • Initiative 82
    		•

    The District of Columbia (a political division coterminous with Washington, D.C.) has had a system of direct voting since 1979, shortly after it gained home rule in 1973. Residents have the ability to place new legislation, or legislation recently passed by the city council, on the ballot for a popular vote. The district has three types of ballot measures that can be voted on in a general election: District Charter amendments, initiatives and referendums. In order to be placed on the ballot, supporters of a measure must gather signatures from registered voters.[1]

    Since adopting this process, ballot measures have become a common part of the city's electoral system. As of 2022, more than 150 different initiatives had been filed with the district, along with a significantly smaller number of referendums; of those, only 29 have met the required qualifications to be placed on the ballot.[2][3] Ballot measures have been used to legalize politically contentious policies such as local term limits, abolition of the tipped minimum wage,[4] cannabis use,[5] and advancements in the District of Columbia statehood movement.[6]

    Background

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    Since the late 1800s, the residents of the District of Columbia, have campaigned for control over their own affairs. In a substantial leap forward, the United States Congress passed the District of Columbia Home Rule Act in 1973, which devolved some of its powers to the city.[7] Just a few years later in 1979, the newly formed city council passed the Initiative, Referendum, and Recall Procedures Act.[8] This act created a process of direct democracy in which residents could enact their own laws or repeal existing laws.

    A canvasser soliciting signatures for Initiative 71

    The prominence of ballot measures has allowed Washington, D.C., to lead the nation in social issues. In 2014, residents approved Initiative 71, which legalized cannabis for recreational use, making the district the third U.S. jurisdiction behind Colorado and Washington state.[5] The Entheogenic Plant and Fungus Policy Act of 2020 made the city the fourth U.S. jurisdiction to decriminalize entheogens.[9] In 2022, voters approved Initiative 82, which eliminates the tipped minimum wage over five years, after an earlier initiative ultimately failed. It joined eight states in abolishing the practice.[4]

    Residents have also used ballot measures to expand their voting rights and (by extension) campaign for admitting the District of Columbia into the Union as the 51st state. An initiative in 1980 directed the D.C. government to begin the process of moving towards statehood due to the stalled and limited-in-scope voting rights amendment.[10] Voters made the Attorney General for the District of Columbia an elected office beginning in 2014.[11] An advisory referendum in 2016 showed that nearly 90 percent of residents support statehood, and it directed the D.C. Council to make formal statehood petitions to Congress.[6]

    Types of ballot measures

    [edit]

    District Charter amendments

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    District Charter amendments are changes to the District of Columbia Home Rule Charter, the law that established the D.C. government and its authority.[12] They require a majority vote to pass the D.C. Council, a majority of voters to approve the amendment, and then are submitted to Congress for a 35-business day congressional review period. If Congress does not pass a resolution of disapproval, the amendment is adopted.[13]

    Initiatives

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    • Initiatives are measures placed on the ballot and, if passed, directly become law. They must meet specific requirements under the District Charter, including not authorizing discrimination or appropriating funds. In order to place an initiative or referendum on the ballot, supporters must file a proposal with the District of Columbia Board of Elections. Upon approval, there is a 10-day challenge period before supporters can begin gathering signatures. To be placed on the ballot, signatures equal to five percent of registered voters must be gathered.[14]

    Referendums

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    There are two types of referendums in the District of Columbia:

    • Referendums are measures that seek to overturn or repeal laws recently-enacted by the D.C. government. Referendums are subject to the same requirements as initiatives.[14]
    • Advisory referendums are questions to gauge public opinion on a potential action of the D.C. Council.[15]

    Barriers to enactment

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    The D.C. government has concluded that approved ballot measures become self-enacting – meaning the government does not need to take action, such as an approving signature or proclamation, for the measure to take effect.[16] However, many approved ballot measures have been invalidated by either the D.C. Council or Congress, much to the frustration of residents.

    D.C. Council

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    The Initiative, Referendum, and Recall Procedures Act gives the D.C. Council the power to reverse voter-approved initiatives, as it did in 2001 regarding term limits and in 2019 regarding the tipped minimum wage.[17][18]

    Congressional intervention

    [edit]

    Congress has ultimate authority over the district, including its budget. As a result, members of Congress, who do not represent the district and are not accountable to them, often add little-noticed clauses and amendments to the budget in order to manipulate or block the implementation of the city's laws.[19] Two ballot measures were interfered with using this method:

    • Initiative 59, which legalized cannabis for medical use, was blocked via the Barr Amendment, named after Congressman Bob Barr. It even prevented the D.C. government from counting the results of the ballot measure vote for over a year.[19] The amendment remained in effect until Congress voluntarily overturned it in 2009.[20]
    • Initiative 71, which legalized cannabis for recreational use, was manipulated with a rider written by Congressman Andy Harris. It blocks the D.C. government from regulating the sale of cannabis, creating an unregulated gift economy. The rider remains in effect as of 2022.[21]

    Initiative 77 was threatened by an amendment written by Congressmen Mark Meadows and Gary Palmer to block it from taking effect.[22] The amendment did not appear in the final enacted budget bill;[23] it was instead repealed by the D.C. Council.

    List of ballot measures since 1979

    [edit]
    Year Measure name Description Status Yes votes No votes Ref.
    1980 Initiative 2 An initiative to legalize some forms of gambling, including a lottery, bingo, raffles, and some sports betting[24] Failed 14,871 (39.23%) 23,032 (60.77%) [25]
    Initiative 3 An initiative to begin the process of moving the District of Columbia to statehood[10] Passed 90,533 (59.7%) 60,972 (40.2%) [26][27]
    Initiative 6 An initiative to legalize some forms of gambling for charitable purposes[26] Passed 104,899 (63.6%) 59,833 (36.3%) [26][27]
    1981 Initiative 7 An initiative to provide tuition tax credits for public education[28] Failed 8,904 (10.76%) 73,829 (89.24%) [29]
    1982 Initiative 9 An initiative to require a mandatory minimum prison sentence, without the opportunity for parole, for people convicted for some crimes[30] Passed 82,238 (72.25%) 31,579 (27.75%) [30][31]
    Initiative 10 An initiative supporting a nuclear freeze between the United States and the USSR[32] Passed 77,521 (69.91%) 33,369 (30.09%) [33]
    1983 Initiative 11 An initiative to require the preservation of the historic Rhodes' Tavern and protect it from development[34] Passed 22,114 (59.68%) 14,938 (40.32%) [35]
    1984 Initiative 17 An initiative to guarantee a right to adequate overnight shelter for homeless people[30] Passed; repealed[36] 109,080 (72.12%) 42,159 (27.88%) [37]
    1985 Referendum 1 A referendum to maintain rent control provisions for some kinds of housing[30] Passed 22,920 (50.82%) 22,183 (49.18%) [38]
    1987 Initiative 25 An initiative stating that the funding of public education is a high priority and requiring the government adhere to a schedule of public hearings for public education funding[39] Passed 54,729 (77.14%) 16,223 (22.86%) [26][40]
    Initiative 28 An initiative to require beverage retailers provide a five-cent refund for all cans and bottles returned[30] Failed 42,574 (55.00%) 34,834 (45.00%) [41]
    1990 Referendum 5 A referendum to guarantee a right to adequate overnight shelter for homeless people[42] Failed 60,734 (48.72%) 63,913 (51.28%) [43]
    1991 Initiative 31 An initiative to ban horse-drawn carriages from operating on public streets[44] Failed 19,429 (38.00%) 31,403 (62.00%) [45]
    Referendum 6 A referendum to hold gun manufacturers liable when use of their weapons results in pain, death, or medical expenses[30] Passed 40,196 (77.00%) 11,692 (23.00%) [45]
    1992 Initiative 41 An initiative to limit individual contributions for local elections[46] Passed 122,502 (64.70%) 66,843 (35.30%) [47]
    Initiative 43 An initiative to authorize the death penalty for local inmates convicted of first-degree murder[30] Failed 66,303 (32.86%) 135,465 (67.14%) [47]
    1993 Initiative 37 An initiative calling for the United States and former members of the USSR to denuclearize and direct funding towards human services[48][49] Passed 41,702 (56.26%) 32,422 (43.74%) [50]
    1994 Initiative 49 An initiative limiting the mayor, councilmembers, and school board members to two consecutive terms[51] Passed; repealed[17] 83,865 (62.00%) 52,116 (38.00%) [52]
    1996 Initiative 51 An initiative to allow residents to challenge commercial property assessments[53] Failed 110,523 (80.00%) 27,982 (20.00%) [54]
    1998 Initiative 59 An initiative to legalize the possession, cultivation, and distribution of cannabis for medical reasons[55] Passed; temporarily blocked[a] 75,536 (69.00%) 34,621 (31.00%) [58]
    2000 Charter Amendment 3 A charter amendment reducing the size of the State Board of Education from eleven members to nine members[30] Passed 20,511 (51.00%) 19,668 (49.00%) [59]
    2002 Initiative 62 An initiative to allow some nonviolent drug offenders to go through a treatment program rather than drug courts[60] Passed 86,162 (78.17%) 24,063 (21.83%) [61]
    2010 Proposed Charter Amendment IV A referendum to make the D.C. attorney general position an elected office[11] Passed 90,316 (75.78%) 28,868 (24.22%) [62]
    2013 Proposed Charter Amendment VIII A referendum to grant Washington, D.C., budget autonomy from the United States federal budget[63] Passed 46,788 (86.33%) 7,411 (13.67%) [64]
    2014 Initiative 71 An initiative to legalize the possession and cultivation of cannabis for personal use in small amounts[65] Passed; partially blocked[21] 115,050 (70.06%) 49,168 (29.94%) [66]
    2016 Advisory Referendum B A referendum approving a state constitution and encouraging the D.C. Council to petition Congress to admit the District of Columbia as the 51st state[67] Passed 244,134 (78.48%) 40,779 (13.11%) [68]
    2018 Initiative 77 An initiative to increase the minimum wage for tipped employees to the same level as non-tipped employees[69] Passed; repealed[70] 47,230 (55.74%) 37,504 (44.26%) [71]
    2020 Initiative 81 An initiative to require police to treat entheogenic plants and fungi as a lowest-priority offense, a form of effective decriminalization[72] Passed 214,685 (76.18%) 67,140 (23.82%) [73]
    2022 Initiative 82 An initiative to increase the minimum wage for tipped employees to the same level as non-tipped employees[74] Passed 132,925 (73.94%) 46,861 (26.06%) [75]

    Notes

    [edit]
    1. ^ Initiative was rendered invalid by Congress before ballots were cast.[56] A congressional rider blocked implementation of this measure until 2009.[57]

    References

    [edit]
    1. ^ "Initiative Measures and Referenda". District of Columbia Board of Elections. Retrieved December 24, 2022.
    2. ^ Master Initiative and Initiative Measure List (Report). District of Columbia Board of Elections. Retrieved December 24, 2022.
    3. ^ Master Referendum List (Report). District of Columbia Board of Elections. Retrieved December 24, 2022.
    4. ^ a b Gomez, Amanda Michelle (November 8, 2022). "D.C. Voters Approve Measure Phasing Out the Tipped Minimum Wage". DCist. Archived from the original on November 9, 2022. Retrieved December 24, 2022.
    5. ^ a b Davis, Aaron C. (November 4, 2014). "D.C. Voters Overwhelmingly Support Legalizing Marijuana, Joining Colo., Wash". The Washington Post. Retrieved December 24, 2022.
    6. ^ a b Hersher, Rebecca (November 9, 2016). "D.C. Votes Overwhelmingly To Become 51st State". NPR. Retrieved December 24, 2022.
    7. ^ "D.C. Home Rule". Council of the District of Columbia. Retrieved December 23, 2022.
    8. ^ "Recall Process". District of Columbia Board of Elections. Retrieved October 27, 2022.
    9. ^ "Initiative 81 Passes in the District of Columbia". Bruckheim & Patel. December 1, 2020. Retrieved December 24, 2022. D.C. will join Denver, Colorado, as well as Oakland and Santa Cruz, California, where laws are in place to decriminalize psychoactive plants and fungi.
    10. ^ a b "D.C. Statehood on Ballot". The Daily Times. October 14, 1980. p. 3. Retrieved December 24, 2022 – via Newspapers.com.
    11. ^ a b Marchese, Darci (June 1, 2010). "Referendum Would Allow D.C. to Vote for AG". WTOP-FM. Archived from the original on May 22, 2013. Retrieved October 24, 2022.
    12. ^ "D.C. Home Rule". Council of the District of Columbia. Retrieved January 19, 2023.
    13. ^ Code of the District of Columbia § 1–203.03. Retrieved January 19, 2023.
    14. ^ a b "Initiative Measures & Referenda". District of Columbia Board of Elections. Retrieved October 27, 2022.
    15. ^ Code of the District of Columbia § 1–204.12.(b) Retrieved January 19, 2023.
    16. ^ Lopez, German (January 14, 2015). "Despite Congressional Threats, DC Council Is Definitely Moving Forward on Legal Marijuana". Vox. Retrieved December 24, 2022.
    17. ^ a b Chan, Sewell (October 1, 2008). "When a City Council Repealed Term Limits". The New York Times. Retrieved October 27, 2022.
    18. ^ Nirappil, Fenit (October 2, 2018). "D.C. Council overturns wage hike for bartenders, servers — four months after voters approved it". The Washington Post. Retrieved October 27, 2022.
    19. ^ a b "Democracy Held Hostage". American Civil Liberties Union. Retrieved December 24, 2022.
    20. ^ "Congress Lifts Ban on Medical Marijuana for Nation's Capitol" (Press release). Americans for Safe Access. December 13, 2009. Retrieved December 24, 2022.
    21. ^ a b Flynn, Meagan (March 9, 2022). "Congress Keeps D.C. Marijuana, Abortion Riders in Budget". The Washington Post. Retrieved January 19, 2023.
    22. ^ Campbell, Alexia Fernández (July 12, 2018). "House Republicans Try to Block DC from Raising Wages for Restaurant Workers". Vox. Retrieved December 5, 2022.
    23. ^ H.R.3877 - Bipartisan Budget Act of 2019 (Public Law 116-37). United States Congress. August 2, 2019. Retrieved December 5, 2022.
    24. ^ "District Divided on Gambling". Daily Press. Newport News, Virginia. May 5, 1980. p. 4. Retrieved October 23, 2022 – via Newspapers.com.
    25. ^ "Kennedy's Winner In D.C. Primary". Daily Press. Newport News, Virginia. May 7, 1980. p. 6. Retrieved October 23, 2022 – via Newspapers.com.
    26. ^ a b c d "Master Initiative and Initiative Measure List". District of Columbia Board of Elections. Retrieved October 23, 2022.
    27. ^ a b "Washington DC Ballot Tallies for 1980". Internet Archive. Retrieved February 2, 2023.
    28. ^ Harris, Leslie A.; Herbert, Jule R. (October 30, 1981). "Election Issues: Tuition Tax". The Washington Post. pp. A30. ProQuest 147149492. Retrieved October 25, 2022 – via ProQuest.
    29. ^ Pianin, Eric; Feinberg, Lawrence (November 4, 1981). "D.C. Voters Reject Tax Credit". The Washington Post. pp. A1. ProQuest 147324512. Retrieved October 26, 2022 – via ProQuest.
    30. ^ a b c d e f g h "Referendums and Other Measures Decided by Voters". The Washington Post. January 31, 2002. pp. T04. ProQuest 409254201. Retrieved October 25, 2022.
    31. ^ "September's Primary Election Sept 14, 1982 Summary Report". Internet Archive. September 26, 1982. Retrieved February 6, 2023.
    32. ^ Hodge, Paul (November 3, 1982). "28 Antinuclear Demonstrators Arrested". The Washington Post. pp. B8. ProQuest 147462279. Retrieved October 25, 2022 – via ProQuest.
    33. ^ Sherwood, Tom; Milloy, Courtland (November 3, 1982). "D.C. Voters Approve Statehood Constitution and Nuclear Freeze". The Washington Post. pp. A34. ProQuest 147391827. Retrieved October 26, 2022 – via ProQuest.
    34. ^ Grano Jr, Joseph N. (November 3, 1983). "Rhodes Tavern Should Be Saved". The Washington Post. pp. VG2. ProQuest 147565513. Retrieved October 25, 2022.
    35. ^ Pichirallo, Joe (November 9, 1983). "D.C. Voters Overwhelmingly Favor Saving Historic Rhodes Tavern". The Washington Post. pp. A15. ProQuest 147590747. Retrieved October 26, 2022 – via ProQuest.
    36. ^ Wells, Katie J. (2020). "Policy-failing: a repealed right to shelter". Urban Geography. 41 (9): 1139–1157. doi:10.1080/02723638.2019.1598733. S2CID 151203891 – via Taylor & Francis Online.
    37. ^ Boodman, Sandra G. (November 7, 1984). "Voters Approve Homeless' Right to Shelter". The Washington Post. pp. A41. ProQuest 138098047. Retrieved October 26, 2022 – via ProQuest.
    38. ^ "D.C. Absentee Ballots Tallied". The Washington Post. November 16, 1985. pp. B5. Retrieved October 26, 2022 – via ProQuest.
    39. ^ Boogs, Roderic V. O.; Toyer, Iris (September 20, 1987). "D.C.'s Schoolchildren Are Important". The Washington Post. pp. C8. ProQuest 139286846. Retrieved October 25, 2022 – via ProQuest.
    40. ^ Washington DC Ballot Tallies for 1987, District of Columbia Board of Elections, 1987
    41. ^ Bruske, Ed (November 4, 1987). "Bottle Bill Is Rejected In District: 5 of 6 Incumbents Win Reelection To School Board". The Washington Post. pp. A1. ProQuest 139257367. Retrieved October 26, 2022 – via ProQuest.
    42. ^ Gellman, Barton (October 13, 1990). "D.C. Ordered To Provide Better Shelter; Families Must Be Moved Out of Hotels". The Washington Post. pp. B01. ProQuest 307328228. Retrieved October 25, 2022 – via ProQuest.
    43. ^ Wheeler, Linda (November 15, 1990). "005 Felled By Voters In Ward 3; Homeless Issue Won In Most of District". The Washington post. pp. J08. ProQuest 307375969. Retrieved October 25, 2022 – via ProQuest.
    44. ^ Sanchez, Rene (November 6, 1991). "Voters Pass Law Making Assault-Gun Merchants Liable". The Washington Post. pp. A27. ProQuest 140574474. Retrieved October 25, 2022 – via ProQuest.
    45. ^ a b "THE 1991 ELECTIONS; THE DISTRICT OF COLUMBIA". The Washington Post. November 7, 1991. pp. D06. ProQuest 307449542. Retrieved October 25, 2022 – via ProQuest.
    46. ^ Nathanson, Jim (October 18, 1992). "Initiative 41: Bonanza for Incumbents". The Washington Post. pp. C6. ProQuest 140700011. Retrieved October 25, 2022 – via ProQuest.
    47. ^ a b "District of Columbia General Election - November 3, 1992 - Final and Complete Election Results" (PDF). District of Columbia Board of Elections. November 13, 1992. Retrieved October 24, 2022.
    48. ^ "Vote NO on Initiative 37". The Washington Post. September 14, 1993. pp. A20. ProQuest 140740670. Retrieved October 25, 2022 – via ProQuest.
    49. ^ "More on Initiative 37". The Washington Post. October 6, 1993. pp. A18. ProQuest 307696507. Retrieved October 25, 2022 – via ProQuest.
    50. ^ "District of Columbia Special Election - September 14, 1993 - Final and Complete Election Results" (PDF). District of Columbia Board of Elections. September 24, 1993. Retrieved October 24, 2022.
    51. ^ Brown, DeNeen L. (November 9, 1994). "THE DISTRICT; Voters Back Term Limits By Big Margin; Approval of Initiative 49 Crosses Racial Lines". The Washington Post. pp. A29. ProQuest 307776152. Retrieved October 25, 2022.
    52. ^ "November 8 General Election". District of Columbia Board of Elections. November 18, 1994. Retrieved October 24, 2022.
    53. ^ "Initiative 51 -- No". The Washington Post. November 4, 1996. pp. A18. ProQuest 307994648. Retrieved October 25, 2022 – via ProQuest.
    54. ^ "November 15 General Election". District of Columbia Board of Elections. November 15, 1996. Retrieved October 24, 2022.
    55. ^ "Initiative 59: Snuffed Out". The Washington Post. October 24, 1998. pp. A24. ProQuest 1620796040. Retrieved October 25, 2022 – via ProQuest.
    56. ^ "Initiative 59: Snuffed out". The Washington Post. October 24, 1998. Retrieved October 26, 2022.
    57. ^ Altieri, Erik (July 30, 2013). "First Medical Marijuana Sale Reported in Washington, DC". NORML. Retrieved June 2, 2017.
    58. ^ "November 3, 1998 General Election Results". District of Columbia Board of Elections. September 20, 1999. Retrieved October 24, 2022.
    59. ^ "June 27 Special Election on Charter Amendment III". District of Columbia Board of Elections. July 7, 2000. Retrieved October 25, 2022.
    60. ^ Santana, Arthur; Tucker, Neely (October 31, 2002). "Drug Treatment, Prosecutor Measures Go Before Voters". The Washington Post. pp. DE3-4. ProQuest 2075213477. Retrieved October 25, 2022 – via ProQuest.
    61. ^ "Certification Results General Election - November 5, 2002". District of Columbia Board of Elections. November 21, 2002. Retrieved October 24, 2022.
    62. ^ "General Election 2010 - Certified Results". District of Columbia Board of Elections. November 19, 2010. Retrieved November 29, 2022.
    63. ^ Howell Jr., Tom (January 8, 2013). "D.C. elections board approves budget autonomy referendum". The Washington Times. Retrieved October 24, 2022.
    64. ^ "Special Election 2013 - Certified Results". District of Columbia Board of Elections. May 10, 2013. Retrieved November 29, 2022.
    65. ^ Davis, Aaron C.; Craighill, Peyton M. (September 18, 2014). "Poll: D.C. voters poised to legalize pot, elevating national debate over marijuana". The Washington Post. Retrieved October 24, 2022.
    66. ^ "General Election 2014 - Certified Results". District of Columbia Board of Elections. December 3, 2014. Retrieved October 24, 2022.
    67. ^ "DC Voters Elect Gray to Council, Approve Statehood Measure". NBC4 Washington. November 9, 2016. Retrieved October 25, 2022.
    68. ^ "General Election 2016 - Certified Results". District of Columbia Board of Elections. November 18, 2016. Archived from the original on February 9, 2018. Retrieved October 25, 2022.
    69. ^ Nirappil, Fenit (March 7, 2018). "D.C. voters to decide in June if tipped workers should get same minimum wage". The Washington Post. Retrieved October 24, 2022.
    70. ^ King, Kristi (October 16, 2018). "DC Council officially overturns Initiative 77, killing minimum-wage increase". WTOP News. Retrieved October 24, 2022.
    71. ^ "Primary Election 2018 - Certified Results". District of Columbia Board of Elections. July 9, 2018. Retrieved October 24, 2022.
    72. ^ Hall, Madison; Price, Rob (November 3, 2020). "Live Results: Washington, DC Votes to Decriminalize Psychedelic Plants and Mushrooms". Business Insider. Retrieved December 24, 2022.
    73. ^ "General Election 2020 - Certified Results". District of Columbia Board of Elections. December 2, 2020. Retrieved November 29, 2022.
    74. ^ Hopkins, Paige (October 25, 2022). "Here's what Initiative 82 could mean for tipping in D.C." Axios. Retrieved October 27, 2022.
    75. ^ "General Election 2022 - Certified Results". District of Columbia Board of Elections. November 30, 2022. Retrieved December 3, 2022.
    [edit]
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