Initiatives and Referendums

AK - Initiatives - Ballot Measure 3 (bear baiting or feeding)

Summary: This Alaska ballot measure was defeated in the November 2004 election. It would have made it illegal for a person to bait or intentionally feed a bear for purposes of hunting, viewing, or photographing the bear. A person who violated this proposed law would have been guilty of a Class A misdemeanor, punishable by up to one-year imprisonment and a fine of up to $10,000. It failed with only 43.3% of the vote.

This Alaska ballot measure was defeated in the November 2004 election. It would have made it illegal for a person to bait or intentionally feed a bear for purposes of hunting, viewing, or photographing the bear. A person who violated this proposed law would have been guilty of a Class A misdemeanor, punishable by up to one-year imprisonment and a fine of up to $10,000. It failed with only 43.3% of the vote.

AK - Initiatives - 05HUNT (shooting bears and wolves from aircraft)

Summary: This 2008 measure was an initiated state statute presented to voters in August of 2008. The measure would have prohibited shooting of a free-ranging wolf, wolverine, or grizzly bear the same day that the person has been airborne. It was defeated by a margin of 44.4% for the measure and 55.6% against on August 26th.

This 2008 measure was an initiated state statute presented to voters in August of 2008. The measure would have prohibited shooting of a free-ranging wolf, wolverine, or grizzly bear the same day that the person has been airborne. It was defeated by a margin of 44.4% for the measure and 55.6% against on August 26th.

AK - Initiatives - Ballot Measure 9 (wolf trapping)

Summary: This bill would have prohibited a person from using a snare with the intent of trapping a wolf and appeared on the 2000 ballot. It would also have prohibited a person from possessing, buying, selling, or offering to sell the skin of a wolf known by the person to have been caught with a snare. Breaking the law would have been a Class A misdemeanor. The measure failed with only 37.3% of the vote.

This bill would have prohibited a person from using a snare with the intent of trapping a wolf and appeared on the 2000 ballot. It would also have prohibited a person from possessing, buying, selling, or offering to sell the skin of a wolf known by the person to have been caught with a snare. Breaking the law would have been a Class A misdemeanor. The measure failed with only 37.3% of the vote.

State Ballot Measures, Propositions, and Citizen Initiatives (1998 to Present)

Summary: This table of laws summarizes state ballot measures and initiatives related to animal law from 1998 to 2016. Links to the text of the ballot measures are provided as well as results of the elections.

This table of laws summarizes state ballot measures and initiatives related to animal law from 1998 to 2016. Links to the text of the ballot measures are provided as well as results of the elections.

MO - Breeding - Proposition B

Summary:

The official ballot title asks voters if Missouri law be amended to (1) require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; (2) prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and (3) create a misdemeanor crime of “puppy mill cruelty” for any violations.

The official ballot title asks voters if Missouri law be amended to (1) require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; (2) prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and (3) create a misdemeanor crime of “puppy mill cruelty” for any violations.

Citizens for Responsible Wildlife Management v. State

Summary:

A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional.  The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion.  The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.

A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional.  The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion.  The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.

Humane Society of United States v. State

Summary:
On May 13, 2011, Animal Welfare Organizations sought a declaratory judgment against the State of Missouri and the Missouri Department of Agriculture stating that Senate Bill (SB) 795 violated the Missouri Constitution by amending a bill to change its original purpose.  The trial court found the Animal Welfare Organization's cause of action was moot and granted the State and the State Department's motion for summary judgment. On appeal, in an en blanc opinion, the Missouri Supreme Court found the repeal and reenactment of § 273.327 in SB 161 rendered moot any decision as to whether SB795 was properly enacted. The lower court's decision was therefore affirmed.


On May 13, 2011, Animal Welfare Organizations sought a declaratory judgment against the State of Missouri and the Missouri Department of Agriculture stating that Senate Bill (SB) 795 violated the Missouri Constitution by amending a bill to change its original purpose.  The trial court found the Animal Welfare Organization's cause of action was moot and granted the State and the State Department's motion for summary judgment. On appeal, in an en blanc opinion, the Missouri Supreme Court found the repeal and reenactment of § 273.327 in SB 161 rendered moot any decision as to whether SB795 was properly enacted. The lower court's decision was therefore affirmed.

State ex rel. Humane Society of Missouri v. Beetem

Summary:

The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 -  a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable.

The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 -  a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable.

Initiative and Referendum Institute v. Herbert

Summary:

Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.