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USA Election Day 2022 Megathread

Tuesday November 8, 2022 is Election Day in the United States of America. In addition to Congressional "midterms" at the federal level, many state governors and other more local offices are up for grabs. Given how things shook out over Election Day 2020, things could get a little crazy.

...or, perhaps, not! But here's the Megathread for if they do. Talk about your local concerns, your national predictions, your suspicions re: election fraud and interference, how you plan to vote, anything election related is welcome here. Culture War thread rules apply, with the addition of Small-Scale Questions and election-related "Bare Links" allowed in this thread only (unfortunately, there will not be a subthread repository due to current technical limitations).

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How about a thread of ballot measures of Culture War interest and their results? You can find a list of all measures on the ballot in every state here.

Abortion

Four states (CA, KY, MI, VT) had measures on the ballot related to abortion last night. Three of these (CA, MI, VT) were attempts to enshrine abortion as a right in their state constitutions. All three passed. One (KY) was an effort (similar to KS earlier this year) to amend their constitution to clarify it does not contain a right to abortion. This measure failed. One thing I want to draw attention to is the difference in margin between the KY Senate race and this ballot measure. Rand Paul easily cruised to victory with a margin (according to the NYT) of 890k votes to 550k votes (61.6-38.4). By contrast this ballot measure lost 700k votes to 632k votes (52.55-47.45). Even if every single Booker voter also voted No on the amendment there would still have to be another 150k Paul voters (10% of the electorate, 1/6 of Paul's voters) who also voted No. So it seems like there may be a substantial number of Republican voters who are turned off by the party's position on abortion.

Slavery

Involuntary servitude as punishment for a crime was on the ballot in five (AL, LA, OR, TN, VT) states last night. Of those, four of them (AL, OR, TN, VT) passed their ballot measures prohibiting involuntary servitude as punishment for a crime and one (LA) did not.

Drugs

It was a pretty mixed night for drug legalization on the ballot. Five states (AK, MD, MO, ND, SD) had marijuana legalization initiatives. Two of those (MO, MD) passed and three (AK, ND, SD) did not. Colorado looks set to approve a ballot measure decriminalizing certain psychedelics (including psilocybin and DMT) statewide.

Nondiscrimination

One final ballot measure I want to call attention to is in Nevada. There they passed a constitutional amendment that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin."

There they passed a constitutional amendment that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.

Will 5-year-olds be able to vote in Nevada next election? Is there any way to interpret the text of the amendment that wouldn’t preclude denying a person the right to vote on account of their age being only 5? Does anyone actually read these things?

Is there any way to interpret the text of the amendment that wouldn’t preclude denying a person the right to vote on account of their age being only 5?

Yes. But I imagine everyone will just ignore that knot, much like how Brown v. Board of Education wasn't interpreted to outlaw girls' bathrooms when it struck down separate but equal facilities. The law in text and the law in practice are two separate things.

Well, the actual holding of Brown was that "Separate educational facilities are inherently unequal." That is presumably not the case re boys' and girls' bathrooms. Moreover, the test for the validity of laws which discriminate varies based on the basis of the discrimination.