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Wednesday, November 23, 2011

How Did Ohio, Mississippi Ballot Initiatives Fare in 2011 Election? (ContributorNetwork)

The election that took place on Nov. 8, 2011 featured a number of statewide initiatives that have national import. Two of the results would seem to favor Democrats while two other results favored Republicans.

What the meaning these initiatives have for the 2012 election, if any, will be the subject of considerable debate for the next few weeks. Both sides of the political aisle find reason for comfort and for concern.

Ohio Issue 2: Collective Bargaining Rights for Public Sector Unions

Ohio voters rejected the Issue 2 ballot initiative, a result that had the effect of repealing a law passed in the Ohio legislature that restricted the rights of public sector employees to collectively bargain. Labor unions poured in tens of millions of dollars and many thousands of man hours to defeat the initiative. They succeeded by about a two to one margin. Conservatives warn, however, that this means that either taxes will have to be raised or services cut and employees laid off.

Ohio Issue 3: The Individual Insurance Mandate Under Obamacare

Proving that health care reform, also known as Obamacare, remains universally unpopular, voters in Ohio voted to pass Issue 3, which would exempt Ohioans from having to comply with the individual insurance mandate. Unfortunately if Obamacare remains law and if the Supreme Court upholds the individual mandate, the results of the measure are largely moot. It would, however, prevent Ohio from enacting its own version of Romneycare, passed in Massachusetts, which also has an individual mandate.

Mississippi Initiative 26: The Personhood Amendment

This ballot initiative would have defined a human being a legal person from the moment of conception, effectively outlawing all abortions, even in the case of rape or incest. This initiative proved to be too much, even for conservative, Bible belt Mississippi. The fear of unintended consequences, including the possibility that a woman suffering a miscarriage might be charged with involuntary manslaughter, influenced Mississippi voters to turn down the amendment.

Mississippi Initiative 31: Eminent Domain Reform

Even since the Supreme Court's Kelo decision, which permitted state and local governments to seize private property and to give that property to another private entity under eminent domain, states and localities have been scrambling to pass laws to tighten restrictions on eminent domain. Mississippi is the latest state to do so, passing a ballot initiative that largely prohibits state and local governments from taking private property and giving it to another private entity, even if it can claim that a public purpose, usually higher tax revenues, is being facilitated. It is another victory for property rights.


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