2024 U.S. Election: Ballot Measure Roundup
Security Management tracks instances where legal matters intersect with the security industry, keeping an eye on court cases, new and developing legislation, and regulatory decisions or investigations that affect private organizations and security professionals worldwide.
For the 14 November edition of Today in Security, we’re looking at the ballot measures that were passed or failed to pass in the 2024 U.S. Election.
Collective Bargaining
In Massachusetts, voters approved giving rideshare drivers—such as those working for Lyft or Uber—the right to form unions and collectively bargain for wages, benefits, and more. (Massachusetts Question 3)
The results: 54 percent voted yes, 46 percent voted no.
Criminal Justice
The following states asked voters to consider ballot measures that dealt with criminal justice, immigration, law enforcement, and police funding.
Arizona. Voters approved two ballot measures related to criminal justice.
Proposition 313 establishes that any person convicted of child sex trafficking will receive a sentence of life in prison. Previously, the maximum sentencing that someone convicted of sex trafficking a minor between the ages of 15 and 17 was 24 years for a first-time offense. (Proposition 313, aka Senate Concurrent Resolution 1021)
The results: 64 percent voted yes, 36 percent voted no.
Voters also approved Proposition 314, which allows state and local police to enforce immigration laws. This means that police can arrest noncitizens in Arizona at locations other than official ports, while state judges can order deportations. The ballot measure also included other provisions, such as increased penalties for the sale of fentanyl. (Proposition 314, aka House Concurrent Resolution 2060)
The results: 63 percent voted yes, 37 percent voted no.
California. Voters approved Proposition 36, a measure that increased the penalties for certain drug crimes and theft convictions. The measure amends laws that “have dramatically increased homelessness, drug addiction, and theft” within the state, according to the measure. While drug and mental health treatment will be provided to those addicted to certain drugs (fentanyl, cocaine, heroin, and methamphetamine), drug dealers and manufacturers can now be charged with murder if someone dies as a result of their product.
In an effort to deal with smash-and-grab incidents, the measure also increases penalties for anyone repeatedly stealing. For those with two prior convictions, an offender can now be charged with a felony, no matter the value of the stolen property. Previously, someone would have to steal an item or items worth more than $950 in a single instance to face felony charges; now, the value is cumulative, meaning that if the value of items stolen across multiple thefts crosses the $950 threshold, an offender can be charged with felony theft instead of petty theft.
The ballot measure comes on the heels of 10 new state laws aimed at decreasing property theft, reflecting California’s increasing attempts to curb brazen retail theft. (Proposition 36)
The results: 69 percent voted yes, 31 percent voted no.
Voters also rejected Proposition 6, a ballot measure that would have banned forced prison labor. Currently, anyone incarcerated who is also forced into a form of labor makes less than $1 per hour—$0.08 to $0.37 per hour for half-time and partial full-time employment, and $12 to $56 per month for full-time forced employment, according to the Prison Policy Initiative.
In a mock election held by inmates of the San Quentin Rehabilitation Center prior to 5 November, nearly 20 percent of incarcerated voters voted against the ballot measure, according to former Editor-in-Chief and current inmate of the center Steve Brooks. “As an incarcerated person, I consider one of the biggest moral questions of our time to be whether or not to eliminate slavery and involuntary servitude from the United States Constitution—and our states’ constitutions—as an exception for punishing crime,” Brooks said in his recent article for TIME.
There is speculation that the measure was misunderstood by voters, who believed that it would have allowed incarcerated persons to avoid working altogether. However, the measure would have instead made the jobs voluntary and prohibited anyone refusing to do a job from being punished further, according to a spokesperson for the proposition who spoke to The Washington Post. (Proposition 6)
The results: 47 percent voted yes, 53 percent voted no.
Colorado. Voters approved three ballot measures related to the criminal justice system. Approval of Amendment I removed the right to bail in any case involving first-degree murder when the proof is evident or there is great presumption. (Amendment I)
The results: 68 percent voted yes, 32 percent voted no.
Colorado will also now require anyone convicted of certain violent crimes—including second-degree murder, first-degree assault, first-degree kidnapping, first- or second-degree assault, first-degree arson, first-degree burglary, or aggravated robbery—to serve a longer portion of his or her sentence before being considered eligible for parole. (Proposition 128)
The results: 62 percent voted yes, 38 percent voted no.
With the approval of Proposition 130, state revenue will be allocated to create a new fund for law enforcement recruitment, retention, training, and death benefits. The fund is called the Peace Officer Training and Support Fund. (Proposition 130)
The results: 53 percent voted yes, 47 percent voted no.
Nevada. Voters approved removing language from the state’s constitution that allows for the use of slavery and involuntary servitude as a form of capital punishment. The state’s constitution will now read, “Neither Slavery nor involuntary servitude shall ever be tolerated in this State,” according to BallotPedia. (Nevada Question 4)
The results: 61 percent voted yes, 39 percent voted no.
Besides Nevada, as of 2024 there were seven other states with constitutional provisions for slavery and involuntary servitude allowed as a form of capital punishment, including Arkansas, Indiana, Kentucky, Minnesota, Mississippi, North Dakota, and Wisconsin. And as of 2023, eight U.S. states have constitutional provisions that allow for involuntary servitude, but not enslavement, as a form of capital punishment, including California, Georgia, Iowa, Kansas, Louisiana, Michigan, North Carolina, and Ohio.
Drug Use
There were three states with ballot measures proposing legalizing the recreational or personal use of marijuana: Florida, North Dakota, and South Dakota. All of these measures failed.
Florida. Voters in the Sunshine State failed to reach a majority threshold that would have approved Amendment 3, which would have legalized the recreational or personal use of marijuana. (Amendment 3)
The results: 56 percent voted yes, 44 percent voted no.
North Dakota. Initiated Measure 5 failed to get enough votes to legalize the recreational or personal use of marijuana. (Initiated Measure 5)
The results: 47 percent voted yes, 53 percent voted no.
South Dakota. Just like their northern neighbors, South Dakota voters rejected the measure to legalize recreational or personal use of marijuana. (Initiated Measure 29)
The results: 44 percent voted yes, 56 percent voted no.
Recreational or personal use of marijuana was not the only drug-related issue on the ballots.
Massachusetts. Voters in the Bay State ultimately rejected the measure that would have legalized certain psychedelic substances, as well as allowing adults aged 21 or older to grow, possess, and use a personal amount of these substances. The substances allowed would have included psychedelic compounds found in mushrooms and other plants—specifically psilocybin, psilocyn, dimethyltryptamine, mescaline, and ibogaine. (Massachusetts Question 4)
The results: 43 percent voted yes, 57 percent voted no.
Nebraska. Voters overwhelmingly supported the legalization of medical marijuana, as well as the establishment of a state agency dedicated to regulating the industry. (Initiative 437, Initiative 438)
The results: 71 percent voted yes on Initiative 437, 29 percent voted no. On Initiative 438, 67 percent voted yes, 33 percent voted no.
Oregon. Voters approved of a measure that requires cannabis businesses to submit a signed labor peace agreement between the business and a labor organization to the state’s Liquor and Cannabis Commission. The agreement should be submitted with its licensure or renewal application to the commission. (Measure 119)
The results: 56 percent voted yes, 44 percent voted no.
Minimum Wage Increases
While ballot measures that proposed increasing a state’s minimum wage were successful in two states, other measures were rejected.
Alaska and Missouri. Voters in these states not only approved an increase to their respective state’s minimum wage to $15 per hour, but also the requirement that employers must provide earned paid sick leave for employees. (Alaska Ballot Measure 1, Missouri Proposition A)
The results: 57 percent voted yes on Alaska Ballot Measure 1, 43 percent voted no. On Missouri Proposition A, 58 percent voted yes, 42 percent voted no.
California. Voters rejected the proposal to increase the minimum wage to $18 per hour. (Proposition 32)
The results: 49 percent voted yes, 51 percent voted no.
Paid Sick Leave
Along with Alaska and Missouri, one other state voted on adopting paid sick leave.
Nebraska. Voters approved the measure to require employers to give employees earned paid sick leave. (Initiative 436)
The results: 74 percent voted yes, 26 percent voted no (with 95 percent of votes counted at press time).
To share a tip or notify Security Management about emerging legal issues, email Associate Editor Sara Mosqueda at [email protected]. For more on how the security industry and the legal world intersect, check out the latest edition of Legal Report.
