Initiatives and Referendums

Summary: Opponents of an initiative in Colorado petitioned for a review of the Ballot Title Setting Board's decisions regarding the initiative's title, ballot title, and submission clause. The initiative proposed to amend the state's criminal animal cruelty statutes by ending certain exemptions for livestock, creating a safe harbor for their slaughter with certain conditions, and expanding the definition of "sexual act with an animal." The opponents alleged that the initiative violated the single subject requirement by covering multiple subjects. The Supreme Court reviewed the case and found that the central focus of the initiative was to extend animal cruelty statutes to cover livestock. The initiative's safe harbor provision for the slaughter of livestock did not violate the single subject rule. The initiative's expansion of the definition of "sexual act with an animal" violated the single subject rule. The Court reversed the lower court's decision.

Summary: This is a review of the ballot initiatives in 1998.

Summary: This article was adapted from remarks from Nancy Perry at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

Summary: Establishes minimum requirements for confining certain farm animals. Prohibits sales of meat and egg products from animals confined in noncomplying manner. Fiscal Impact: Potential decrease in state income tax revenues from farm businesses, likely not more than several million dollars annually. State costs up to $10 million annually to enforce the measure.

Summary: Initiative 177 is a law proposed by initiative petition (cited in the law as "Montana Trap-Free Public Lands Act"). According to the official summary, "I- 177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately." A "yes" vote is in favor of the law that would prohibit the use of traps and snares on state public lands. A "no" vote is a vote against the proposed law that would prohibit the public from placing traps and snares on public lands.

Summary: Massachusetts Question 3 is a law proposed by initiative petition and appears on the 2016 ballot. This proposed law would prohibit any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely. The Secretary of the Commonwealth's official summary states: "This proposed law would prohibit any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely. The proposed law would also prohibit any business owner or operator in Massachusetts from selling whole eggs intended for human consumption or any uncooked cut of veal or pork if the business owner or operator knows or should know that the hen, breeding pig, or veal calf that produced these products was confined in a manner prohibited by the proposed law. The proposed law would exempt sales of food products that combine veal or pork with other products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food items." A "yes" vote would prohibit any confinement of pigs, calves, and hens that prevents them from lying down, standing up, fully extending their limbs, or turning around freely. A "no" vote would make no change in current laws relative to the keeping of farm animals.

Summary: Amendment 1 is a legislatively referred constitutional amendment in the 2016 general election. The explanatory statement on the ballot says, "This amendment is to preserve constitutionally the right of the public to hunt, fish and trap wildlife subject to reasonable laws and regulations. The right of the public to hunt, fish and trap shall not modify any provision of common law or statutes relating to trespass, eminent domain or any other private property rights." A "yes" vote would constitutionally preserve the right of the public to hunt, fish and trap wildlife that has traditionally been taken by hunters, trappers and anglers. A "no" vote would provide for no constitutional right of the public to hunt, fish and trap wildlife. It would maintain existing state laws and rules and regulations governing hunting, fishing and trapping wildlife.

Summary: Question 1 is a legislatively referred constitutional amendment that appears on the 2016 general election ballot. The official summary states the following: "Provides that the right to hunt, fish, and harvest wildlife is a valued part of Indiana's heritage and shall be forever preserved for the public good. Provides that the people have a right, which includes the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the general assembly and rules prescribed by virtue of the authority of the general assembly to: (1) promote wildlife conservation and management; and (2) preserve the future of hunting and fishing. Provides that hunting and fishing are the preferred means of managing and controlling wildlife. Provides that this constitutional amendment does not limit the application of any laws relating to trespass or property rights. This proposed amendment has been agreed to by one general assembly." A "yes" vote is in favor of such a constitutional amendment and a "no" vote is against amending the state constitution.

Summary: Initiative 1401 would amend several sections of the Washington code (RCW 77.15.085, 77.15.100, and 77.15.425; reenacting and amending RCW 77.08.010). This measure would prohibit sale, purchase, trading, or distribution of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray species listed as endangered or vulnerable in the Convention on International Trade in Endangered Species or the International Union for Conservation of Nature’s red list, including items made from listed species. Violations would be a gross misdemeanor or class-C felony. It would exempt certain distributions, including musical instruments and transfers for educational purposes. The measure passed by 71% voting "yes" for the initiative.

Summary:

This proposed constitutional amendment recognizes the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation. It was a legislative referendum originally proposed as Senate Joint Resolution 22 (attached below). The measure passed in November 2015 with 82% of the vote.