STORY HIGHLIGHTS
- States will vote on nearly 180 ballot measures in 2012
- Same-sex marriage, abortion, the death penalty and health care reform are up for a vote
- Special interest groups and wealthy private donors invest heavily in ballot initiatives
(CNN) -- President Barack Obama's second term is on the line in Tuesday's election, but so is a key component of his signature health care reform law.
Four states are voting on whether to allow residents and businesses to avoid Obamacare's requirement that they purchase health insurance for themselves or their employees.
The ballot initiatives in Alabama, Florida and Wyoming would amend state constitutions. Montana's initiative prohibits federal and state government from requiring people to purchase health insurance through imposing a penalty, tax, fee or fine on those who do not do so.
"These laws may promise more than they can deliver," said Jonathan Turley, a law professor at George Washington University Law School. "What the laws certainly do is to give state officials more of a basis to go to court and challenge the national health care law."
In response to health care reform, 47 state legislatures proposed measures to limit, alter or oppose selected state or federal actions, according to National Conference of State Legislatures.
Twenty states have challenged broad health care reform in anticipation of or in response to the Affordable Care Act. Health care reform was signed into law in 2010.
In addition to measures on health care reform, voters will also weigh same-sex marriage, abortion and capital punishment.
Voters will decide on almost 180 ballot measures in 38 states. That's up from 159 in 2010, but down from 204 in 2008.
Requirements and the process by which initiatives make it to the ballot differ from state-to-state. In many instances, ballot initiatives were introduced in states like California in the form of propositions to circumvent the legislative process, giving citizens direct access to lawmaking.
But across the country today, many ballot initiatives and their corresponding voter turnout efforts are supported by wealthy individuals or special interest groups in addition to private citizens.
In Florida, where voters will decide on a constitutional amendment banning public funds for abortions, groups on both sides have cropped up using names like "Nix Six" or "Vote no on 6" or websites carrying names like www.sayyesto6.com, referring to the the initiative's ballot name: Amendment 6.
The "Say Yes to 6" website and effort are funded by the group, Protect Florida Taxpayers and Parental Rights. The group is funded largely by a collection of archdioceses across Florida including Miami, St. Petersburg, Palm Beach, and St. Augustine, which have given more than $175,000.
Planned Parenthood also entered the mix, spending $3.2 million in Florida on ads during the week heading into the election working to defeat the measure.
In California, the story is similar.
Billionaire Nicholas Pritzker, chairman of the board and chief executive of the Hyatt Development Corporation, donated $500,000 in support of Proposition 34, which would ban capital punishment in the state. He was joined by several other wealthy donors including the Netflix CEO Reed Hastings, who donated $250,000.
Smaller donations supporting and opposing Proposition 34 and Amendment 6 also came from private citizens.
Key governor's races snapshots
Compiled by Adam Levy and Robert Yoon, CNN Political Research
Alabama
Amendment 6: Obamacare
This measure would amend the state constitution to prohibit individuals and businesses from being compelled to participate in any health care system.
A "YES" vote opposes Obamacare and would amend the state constitution.
A "NO" vote supports Obamacare and would not amend the state constitution.
Arkansas
Issue 5: Medical Marijuana
This measure would legalize use of marijuana for medical purposes.
A "FOR" vote supports legalization of medical marijuana.
An "AGAINST" vote opposes legalization of medical marijuana.
California
Prop. 30: Jerry Brown Tax Increase
A measure sponsored by Gov. Jerry Brown that would increase personal income tax for seven years for those making more than $250,000 a year. It also increases the sales tax by 0.25% for four years.
A "YES" vote supports the tax increase measure and would raise income taxes and the state sales tax.
A "NO" vote opposes the tax increase and would not raise income taxes or the state sales tax.
Prop. 34: Death Penalty
This measure would abolish capital punishment in California and would make life imprisonment without the possibility of parole the maximum punishment for murder. If passed, the measure would apply retroactively to all Death Row inmates, whose sentences would be converted to life imprisonment.
A "YES" vote opposes the death penalty and would abolish the death penalty in the state.
A "NO" vote supports the death penalty and would not abolish the death penalty in the state.
Prop. 38: Other Tax Increase
This measure would raise income taxes for almost all income levels for 12 years. For the first four years, 60% of the revenue would be dedicated to K-12 education, 30% to debt reduction, and 15% to early childhood programs. After four years, 85% of revenues would go to K-12 education and 15% to early childhood programs. Gov. Jerry Brown opposes this measure.
A "YES" vote supports this measure and would increase income taxes across the board.
A "NO" vote opposes this measure and would not increase income taxes across the board.
Colorado
Amendment 64: Marijuana Legalization
This measure would amend the state constitution and legalize and regulate the production, possession, and distribution of marijuana for persons age 21 and older.
A "YES" vote supports legalization of marijuana.
A "NO" vote opposes legalization of marijuana.
Florida
Amendment 1: Obamacare
(60% of vote required for passage)
This measure would amend the state constitution to prohibit individuals and businesses from being compelled to participate in any health care system.
A "YES" vote opposes Obamacare and would amend the state constitution.
A "NO" vote supports Obamacare and would not amend the state constitution.
Amendment 6: Abortion Funding
(60% of vote required for passage)
This measure would prohibit the use of public funding for abortions, with the exception of rape, incest, and cases where the mother's life is in danger.
A "YES" vote would ban use of public funds for abortions.
A "NO" vote would not ban use of public funds for abortions.
Maine
Question 1: Same-sex Marriage
This measure would repeal a previous law banning same-sex marriage and allow the state to issue marriage licenses to same-sex couples and recognizes legal same-sex marriages performed in other states.
A "YES" vote supports same-sex marriage and would legalize same-sex marriage in Maine.
A "NO" vote opposes same-sex marriage and would maintain current law banning same-sex marriage.
Maryland
Question 6: Same-sex Marriage
This measure asks voters to support or reject a new state law that allows same-sex couples to marry in the State of Maryland.
A "FOR" vote supports same-sex marriage; would uphold the new law allowing same-sex marriage.
An "AGAINST" vote opposes same-sex marriage; would repeal new law allowing same-sex marriage.
Massachusetts
Question 3: Medical Marijuana
(Majority of votes required for passage; at least 30% of all votes cast on Election Day must be in favor)
This measure would legalize use of marijuana for medical purposes.
A "YES" vote supports legalizing medical marijuana.
A "NO" vote opposes legalizing medical marijuana.
Minnesota
Amendment 1: Same-sex Marriage
(Majority of all votes cast on Election Day required for passage, not just a majority of votes cast for this measure)
This measure would amend the state constitution to define marriage as a union of one man and one woman.
A "YES" vote opposes same-sex marriage; defines marriage as between one man and one woman.
A "NO" vote supports same-sex marriage; would not define marriage as between one man and one woman.
Montana
Initiative 122: Obamacare
This measure prohibits federal and state government from requiring the purchase of health insurance or imposing any penalty, tax, fee or fine on those who do not purchase health insurance.
A "FOR" vote opposes Obamacare; prohibits requiring the purchase of health insurance.
An "AGAINST" vote supports Obamacare; does not prohibit requiring the purchase of health insurance.
Initiative 124: Medical Marijuana
This measure asks voters to keep or reject a 2011 law that replaced a 2004 medical marijuana law with a far more restrictive version. In 2004, Montana voters approved a law creating a medical marijuana program in the state. A 2011 law repealed the 2004 law, and while it did not outlaw the use of medical marijuana, it placed numerous restrictions on medical marijuana providers and users.
A "FOR" vote is the anti-medical marijuana position. It replaces a 2004 medical marijuana law with a far more restrictive one passed in 2011.
An "AGAINST" vote is the pro-medical marijuana position. It repeals a 2011 law that repealed a 2004 medical marijuana law. Voting "AGAINST" will restore the 2004 medical marijuana law, which medical marijuana backers support.
Oregon
Measure 80: Marijuana Legalization
This measure would allow the commercial cultivation and sale of marijuana to adults through state-licensed stores, allows unlicensed cultivation and use of marijuana by adults, and prohibits restrictions on hemp.
A "YES" vote supports the legalization of marijuana.
A "NO" vote opposes the legalization of marijuana.
Washington
Measure 74: Same-sex Marriage
This measure would repeal a new state law from the state legislature that legalized same-sex marriage.
Actual language: "The legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples, modified domestic-partnership law, and religious freedom, and voters have filed a sufficient referendum petition on this bill. This bill would allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony. Should this bill be: Approved/Rejected"?
An "APPROVED" vote supports same-sex marriage and would uphold the state law.
A "REJECTED" vote opposes same-sex marriage and would overturn the state law.
Initiative 502: Marijuana Legalization
This measure would legalize and regulate the production, possession, and distribution of marijuana for persons age 21 and older.
A "YES" vote supports marijuana legalization.
A "NO" vote opposes marijuana legalization.
Wyoming
Amendment A: Obamacare
(Majority of all votes cast on Election Day required for passage, not just a majority of votes cast for this measure)
This measure amends the state constitution to declare that citizens of Wyoming have the right to make their own health care decisions and allows the state to act to "preserve these rights from undue government influence."
A "FOR" vote opposes Obamacare and amends the state constitution with new language.
An "AGAINST" vote supports Obamacare and does not amend the state constitution.
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