What happens when competing measures are on the ballot?

Welcome to the Monday, October 21, Brew.

Here’s what’s in store for you as you start your day:

1. Voters in Arizona and Nebraska will decide on competing ballot measures related to electoral systems and abortion, respectively, on Nov. 5
2. 50 states in 25 days—Hawaii and Idaho
3. Previewing the battleground race for Nebraska’s 2nd Congressional District

Voters in Arizona and Nebraska will decide on competing ballot measures related to electoral systems and abortion, respectively, on Nov. 5

On Nov. 5, Nebraska voters will decide on competing abortion measures, while Arizona voters will decide on competing measures related to electoral systems.

It’s possible for conflicting measures to appear on the same ballot—and voters can approve both if they choose. To conflict, though, the measures have to cover similar subjects and be of similar type—two statutory measures, for example, or two proposed constitutional amendments.

Constitutional amendments affect statutory measures, but statutory measures do not affect constitutional measures. Some states have processes where only one of the measures will take effect while the other does not. The initiative that prevails is considered the superseding initiative.

The last time two competing measures were on a statewide ballot happened in Missouri in 2018. Voters decided on Amendment 2 and Amendment 3, two measures related to marijuana. Both measures sought to legalize marijuana use for medical purposes but differed on how much to tax marijuana sales and how to spend the tax revenue. Voters approved Amendment 2 but rejected Amendment 3.

Now, let’s take a closer look at the conflicting measures on the ballot this year.

Conflicting measures on the ballot this year

Voters in Nebraska will decide on competing ballot measures on abortion.

• Initiative 434 would prohibit abortions after the first trimester, except for medical emergencies or cases related to rape or incest.
• Initiative 439 would establish a “fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient.”

Polling indicates that both have support of around 45%, with around 15% undecided.

In Nebraska, when two conflicting measures are approved, the measure with the most affirmative votes supersedes the other one at points of conflict. Secretary of State Bob Evnen (R) said, “[T]his November general election ballot will host two ballot measures that appear in direct conflict with each other, which could be the first time this has happened in Nebraska’s history.” He said Gov. Jim Pillen (R) would be responsible for determining whether there is a conflict per state law. This is the first time voters anywhere will decide on conflicting abortion-related ballot measures on the same ballot.

Voters in Arizona will decide on two constitutional amendments related to electoral systems—Proposition 133 and Proposition 140. Republicans in the Arizona Legislature voted to place Proposition 133 on the ballot, while Proposition 140 is a citizen initiative from the Make Elections Fair PAC.

• Proposition 133 would add the existing system of partisan primaries to the Arizona Constitution.
• Proposition 140 would require primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, such as top-two or top-four primaries.

In Arizona, when two ballot measures of the same type (both are constitutional amendments) contradict and both pass, the measure that receives the most votes would supersede the other at points of conflict. The courts would determine if and where such conflicts exist. KTAR‘s Barry Markson said, “It definitely could result in litigation, and I wouldn’t be surprised if it did. My expectation would be that the now-losing proposition would say that although part of the referendum was in conflict with the other, not the entire thing was. They may try to have part of their initiative stay.”

What happens in instances where two ballot measures that conflict are approved

Seventeen of the 26 states with initiative processes have statutory or constitutional provisions addressing conflicting ballot measures. In eight states, the entire ballot initiative that received the most affirmative votes will supersede the competing initiative. In seven states—including Arizona and Nebraska—the initiative with the most votes will supersede the competing initiative on any points of conflict. In Maine and Alaska, the ballot must be organized so that voters can decide between the two or neither.

50 states in 25 days—Hawaii and Idaho

Continuing our 50 states in 25 days coverage, today we will look at what’s on the ballot in Hawaii and Idaho. On Friday, we gave readers a look at what Texas and Colorado voters can expect to see on their ballots. With nine business days between now and the final Friday before the election, let’s continue looking into what’s on the ballot across the nation.

Hawaii

Let’s start with a look at Hawaii’s elections. Here are some key dates and deadlines:

• The deadline for registering in-person and by mail-in is Oct. 28. The deadline for mail-in registration is a receipt deadline. The deadline to register online is Nov. 5. Early voting starts on Oct. 22 and ends on Nov. 5.
• Hawaii is an all-mail voting state. Voter service centers are open from 7:00 a.m. until 7:00 p.m. Hawaii Standard Time on election day and with varying hours for 10 business days before election day. Voters can find voter service center locations and times here.

Here’s what is on the ballot:

• Voters will elect one U.S. Senator and two U.S. Representatives. All incumbents are running for re-election.
• Four seats—including one open seat—for the Office of Hawaiian Affairs are up for election.
• All 51 seats in the state House and 13 seats in the state Senate are up for election. Five seats—four in the state House and one in the state Senate—are open. Sixteen state House elections and five state Senate elections were canceled due to candidates running unopposed.
• Municipal elections will be held in Honolulu for mayor and city attorney. Honolulu is one of 82 cities included in Ballotpedia’s coverage of municipal elections.
• Voters will decide on two statewide ballot measures. Additionally, voters in Honolulu County will decide four local ballot measures. Ballotpedia covers local ballot measures that appear on the ballot for voters within the 100 largest cities in the U.S., within state capitals, and throughout California.
• Hawaii is one of 26 states where we are expanding our local election coverage beyond the nation’s biggest cities, school districts, and state capitals. Including those mentioned above, Ballotpedia will cover 13 local races with 36 total candidates for offices such as local councils and other county-level positions.

Idaho

Now let’s take a look at elections in the Gem State. Here are some key dates and deadlines:

• The deadline for registering in-person is Nov. 5. The deadline to register by mail and online was Oct. 11. The mail-in registration deadline must be postmarked by Oct. 11. Early voting starts on Oct. 21 and ends on Nov. 1.
• ​All polls are open from 8:00 a.m. to 8:00 p.m. local time. In some instances, polls may open at 7:00 a.m. at the discretion of the local clerk. Idaho is split between the Mountain and Pacific time zones. Voters can find voter service center locations and times here.

Here’s what is on the ballot:

• Voters will elect two U.S. Representatives. Both incumbents are running for re-election.
• All 70 seats in the state House and all 35 seats in the state Senate are up for election. Five seats are open in the state House, and one is open in the state Senate.
• One seat on the state supreme court and two on the intermediate appellate court are up for election. All three incumbents are running for re-election.
• Municipal elections will be held in Ada County. Ada County is one of 80 counties included in Ballotpedia’s coverage of municipal elections.
• Voters will also decide on two statewide ballot measures.

Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!

Make sure to check our hub page, linked below, for future installments of the series.

Previewing the battleground race for Nebraska’s 2nd Congressional District

Throughout the year, we’ll bring you coverage of the most compelling elections—the battlegrounds we expect to have a meaningful effect on the balance of power in governments or to be particularly competitive. You can catch our previous coverage of other battleground races here.

Today, we’re looking at the Nov. 5 general election rematch for Nebraska’s 2nd Congressional District between incumbent Rep. Don Bacon and Tony Vargas.

This is one of the 75 U.S. House races included in our analysis of our 2024 general election rematches, which found a 47.1% increase from 2022 in U.S. House general election rematches. The last time BAcon and Vargas faced off in 2022, Becon defeated Vargas 51.3% to 48.7%. That race was one of 38 decided by five or less percentage points in 2022.

The major election forecasters differed in their ratings for the general election, with two rating it a Toss-Up, one rating it Lean Democratic, and one rating it Tilt Democratic.

Bacon’s experience and platform

Bacon was first elected in 2016. He served in the U.S. Air Force from 1985 to 2014, retiring as a brigadier general. His campaign is focused on his rating as the most effective Republican in Congress, decreasing the cost of living, and protecting the southern border.

Vargas’ experience and platform

Vargas was elected to the Nebraska Senate in 2016. He served on the Omaha Public Schools board and was a public school teacher. His campaign is focused on legal access to abortion, the economy, and increasing education access.