The people's choice: from stem cell research to electoral college reform, citizens have their say.

When voters are asked to pass laws directly, they often are quite selective. This year was no different. The people in 34 states considered 162 ballot measures in November. Some of them were high-profile and drew national attention--same-sex marriage bans, stem cell research and immigration, for instance. But most dealt with the nuts and bolts of state policy--how elections should be conducted, funding essential programs like education, health care and energy policy.

OF NATIONAL INTEREST

Banning same-sex marriage was the issue of the day. On the ballot in 11 states, it passed with large margins in every one of them. Oregon was the only state where opponents believed it might fail, but it garnered about 56 percent of the vote.

Other issues that received national attention included two in California--stem cell research and the "three-strikes" law, an anti-immigration measure in Arizona, and Colorado's proposal to change the way it allocates its electoral votes.

California's Proposition 71 passed comfortably. It will provide $3 billion over the next 10 years for embryonic stem cell research, making California the first state to allocate public funds for such study. A second California measure in the national spotlight was Proposition 66, which would have relaxed the state's three-strikes law, requiring that the third strike be a serious or violent crime. The people agreed with Governor Arnold Schwarzenegger, who opposed the proposition.

Colorado's Amendment 36, which would have changed the state's procedure for allocating electoral votes, went down in flames. It received just 34 percent of the vote. Had it passed, five of Colorado's electoral votes would have gone to George Bush and four to John Kerry. Because it failed, Colorado continues to use its winner-take-all system for allocating electoral votes, and this year George Bush received all nine.

Arizona's anti-immigration measure, Proposition 200, proved popular. It will require that everyone registering to vote in Arizona prove their U.S. citizenship, and that state and local workers verify the eligibility of all people who apply for public benefits, mainly welfare. If someone who isn't eligible applies, government employees are required to report it to federal authorities or face a four-month jail term.

TORT REFORM ACROSS-THE-BOARD

Voters in six states considered tort reform measures, with mixed results. California voters passed a measure limiting who can sue for unfair business practices, while Colorado voters declined to repeal limits on suits by homeowners against builders for construction defects.

The tort reform measures in Florida, Nevada, Oregon and Wyoming centered on medical malpractice. Florida voters passed a package of three measures dealing with malpractice. One gives patients the right to access doctors' records of malpractice, another prohibits licensing doctors who have committed three acts of malpractice, and the third limits how big a chunk attorneys can take from medical malpractice awards. Nevada voters passed a measure limiting noneconomic damages in malpractice cases, but another measure that would have punished attorneys who file frivolous lawsuits failed to pass. Wyoming's results on this issue were mixed too-voters passed a measure requiring alternative dispute resolution or a medical panel review before a malpractice suit may be filed, but failed to pass a measure that would limit noneconomic damages in malpractice cases.

UP AND DOWN ON GAMING

Gaming measures also had mixed results. Two measures on California's ballot failed. One would have expanded tribal casinos, the other non-tribal gaming. A Florida initiative that would have paved the way for slot machines at race tracks in Miami-Dade and Broward counties was too close to call at press time, but looked to be failing.

Michigan voters passed a measure requiring voter approval for any new gaming. Oklahoma voters agreed to a new lottery, dedicating its revenues to education. Washington voters took the unheard-of step of turning down a tax decrease because it was tied to an expansion of gambling. Initiative 892 would have allowed non-tribal entities to operate slot machines, and dedicated the revenue to offsetting property taxes.

Nebraska voters faced a confusing array of four gambling measures on their ballot, one from the legislature and three initiatives. The legislature's proposal failed. Results on the initiative proposals were close at press time, but all looked likely to fail by a very narrow margin.

EDUCATION FUNDING MIXED

The dilemma over how to adequately fund public education spilled over to the ballot in five states this year. A property tax increase to fund education failed to pass in Arkansas. And Washington voters said no to a state sales tax increase that would have gone to education.

North Carolina voters approved a proposal allowing the legislature to dedicate revenues from civil fines and penalties to education. Oklahoma voters agreed to dedicate lottery revenues to education. Maine voters turned down a property tax decrease that would have taken a big bite out of education funding.

Nevada voters approved an initiative requiring the legislature to fund K-12 education before addressing any other part of the state budget. Before it can take effect, it has to be approved again in the 2006 general election.

BIG THREE RETURN

Drug policy, animal rights and term limits, three of the regulars of the initiative process over the past decade or so, made brief appearances on the ballot this year. Alaska voters turned down an initiative that would have legalized marijuana for all adults, and Oregon voters decided not to expand their existing medical marijuana program. Montana voters passed a new medical marijuana law.

It was a bad day for animal rights activists. Measures restricting bear hunting failed to pass in Alaska and Maine, while measures protecting the right to hunt and fish passed in Louisiana and Montana.

The two legislative proposals that would have relaxed term limits in Arkansas and Montana failed to pass.

MINIMUM WAGE AND HEALTH CARE

The minimum wage will be going up in Florida and maybe in Nevada, thanks to successful ballot measures. In Florida, voters agreed to establish a minimum wage of $6.15 per hour. And if Nevada's Question 6 passes for a second time on the 2006 ballot, employers there will have to pay an extra dollar per hour ($6.15) if they don't provide health insurance for employees.

Coloradans, Montanans and Oklahomans agreed to increases in tobacco taxes to fund health care programs. California voters had the chance to affirm a new law requiring employers to provide health insurance for their employees, but it failed.

YES TO RENEWABLE ENERGY 

Colorado energy providers will have to produce or purchase 10 percent of their energy from renewable sources by 2015. Voters said yes to this initiative 53 percent to 47 percent. Look for more renewable energy measures on the ballot in 2006, as advocates were watching this first-ever initiative effort closely.

NO BULLET TRAIN 

Florida voters changed their minds on the high-speed bullet train, taking back their demand of four years ago that it be built between the state's five most populated areas. The Legislature struggled to find a way to fund the very high price tag, and went back to voters this year to ask if they really wanted it. In Colorado, Denver-area voters passed a $4.7 billion transit expansion which will add light-rail and diesel-powered commuter rail lines and other improvements. It calls for an increase in the Regional Transportation District's sales tax in the metro area to 1 percent from 0.6 percent. And Maricopa County voters in Arizona approved a half-cent-per-dollar sales tax for 20 years that will bring in $4.8 billion for freeways, light-rail lines and expanded bus service in the fast-growing Phoenix area.

CHANGING THE PROCESS

In Arizona voters refused to shorten the deadline to file initiative petitions, but said OK to a proposal that requires that initiatives specify funding sources that don't affect the general fund. Opponents said the measure will seriously limit the power of voters to set public policy.

Nebraska voters passed an initiative that will make it more difficult for the legislature to amend or repeal any law passed by initiative. A legislative referendum passed in Florida will set an earlier filing deadline for proposed initiative constitutional amendments. Alaska set the requirement for petition signatures a little higher, requiring they be gathered from more parts of the state.

Jennifer Drage Bowser is NCSL's expert on campaign finance initiatives and referenda, and term limits. For up-to-date information go to www.ncsl.org/programs/legman/statevote/ir2004.htm