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The outcomes of seven ballot measures in Arizona, California and Colorado reflect the stricter approach to crime that’s been seen across much of the country recently, with voters and policymakers driven by concerns over rising retail theft, homelessness, fentanyl misuse and challenges in police recruitment and retention.

Voters have decided in recent years that they prefer to adopt progressive changes to the criminal justice system “somewhat less aggressively,” said Dan Schnur, a former Republican strategist and a political communications professor at the University of Southern California and the University of California, Berkeley.

“Voters are always course correctors. They’re always adjusting and readjusting, trying to calibrate policy exactly the way they want it,” Schnur said. “It’s not uncommon for them to try to pull back on a reform effort that they think might be going too far.”

This year, local and state leaders in blue and red states — including California, Georgia, Louisiana, Oregon, Tennessee and Vermont — shifted away from more liberal initiatives aimed at reining in police powers and reimagining criminal legal systems. They have instead embraced harsher penalties for offenses such as retail theft and possession or distribution of certain hard drugs, added more felony and misdemeanor offenses requiring cash bail, and moved to prohibit local governments from altering police traffic stop policies.

Then this month, voters in Arizona, California and Colorado overwhelmingly backed ballot measures to increase prison time for certain crimes, revoke bail for others and crack down on illegal immigration and drug trafficking.

While national crime data is notoriously difficult to track and understand, violent crime and property crime across the United States decreased in 2023, continuing a downward trend since the higher crime rates of the COVID-19 pandemic, according to the FBI’s latest national crime report. Still, some individual cities and neighborhoods might be seeing higher crime rates, which could explain Americans’ views on the issue.

Opinions on crime in the United States have improved over the past year, according to Gallup’s annual crime survey. Fewer people compared with last year believe national crime has increased or consider crime an “extremely” or “very” serious problem — but a majority of U.S. adults, 56%, still do.

Perceptions are heavily influenced by political affiliation, the survey showed. While 60% of Democrats believe crime has gone down over the past year, 90% of Republicans think it has increased.

Rethinking theft and drug crimes

In California, voters overwhelmingly approved Proposition 36, a measure that increases penalties for specific drug-related and theft crimes and that also reclassifies certain drug offenses as “treatment-mandated felonies.” This reclassification will allow judges to impose mental health or drug treatment requirements. Those who complete treatment would have their charges dismissed, while those who fail to meet the requirements could face up to three years in prison.

“It’s not the hope or the intention to send a bunch of people to jail or prison who are using drugs. The goal is to incentivize people to engage in treatment again,” said Yolo County District Attorney Jeff Reisig, one of the measure’s authors, in an interview with Stateline.

The measure aims to address issues such as retail theft, homelessness, substance use disorders and fentanyl distribution, Reisig said.

Under the new law, people convicted of theft at least twice may face felony charges on their third offense, regardless of the stolen item’s value. Additionally, those caught distributing fentanyl while armed with a loaded firearm will now face felony charges and up to four years in prison. Previously, possessing fentanyl and a loaded firearm was punishable by up to one year in jail.

“Our strong belief is that this will send a deterrent message to others that there are consequences again,” Reisig said.

The measure also received substantial support from law enforcement agencies across the state, although it remains unclear how departments might adjust their enforcement policies. Still, Reisig said, the measure will provide law enforcement with “some real, meaningful tools” to address specific crimes.

“With options for increased sentencing and mandated treatment, Prop. 36 could provide tools to address repeat offenses more effectively,” Sacramento Police spokesperson Sgt. Dan Wiseman wrote in an email to Stateline.

Proposition 36 partially reverses some changes made in 2014 by another ballot measure, Proposition 47, that reduced certain theft and drug crimes from felonies to misdemeanors to address prison overcrowding. But Reisig said that this is not a complete rollback.

“It was drafted to be more down the middle and just kind of bring the pendulum back to center mass,” he said. “We’re not reinventing the wheel. We’re just bringing back something that had proven success, and I think all of California is going to benefit.”

But some Democrats and criminal justice advocacy groups have argued that the measure could reintroduce drug war policies and result in longer prison sentences.

California voters also rejected Proposition 6 by a close margin, 53%-47%. The measure would have amended the state constitution to prohibit forcing inmates into labor as punishment. The proposal originated from a state task force examining whether California should provide reparations to Black residents.

In contrast, voters in more conservative states such as Alabama and Tennessee have approved measures in recent elections to abolish involuntary servitude in their prisons. In a similar effort, Nevada voters this year approved a measure repealing constitutional language that permitted slavery and involuntary servitude as forms of criminal punishment.

Schnur said Proposition 6 could have been rejected in part because California voters might have carried anti-criminal sentiment over from one ballot measure to the other.

“Because Prop 36 passed by such a large margin, it’s entirely possible that many voters were already thinking in a more restrictive way about criminal justice policy, and those feelings may have moved over into their vote against Prop 6,” Schnur said.

Restricting bail, recruiting police

In Colorado, voters overwhelmingly approved a constitutional amendment put on the ballot by the state legislature that makes first-degree murder suspects ineligible for bail if prosecutors can demonstrate a strong enough case.

Previously, the state constitution allowed only people charged with “capital offenses” to be denied bail. This change restores bail policies that were in place before Colorado repealed the death penalty in 2020.

Voters also backed a pair of measures placed on the ballot through a signature-gathering campaign led by Advance Colorado, a conservative political group.

One measure requires people convicted of certain violent crimes, including second-degree murder, aggravated robbery and sexual assault, to serve at least 85% of their sentence — up from the previous 75% — before becoming eligible for parole.

The other ballot measure directs the legislature to allocate $350 million from the state’s general fund to help local law enforcement agencies hire additional officers, provide training and bonus pay, and establish a $1 million death benefit for the families of first responders — including police, firefighters and EMTs — killed in the line of duty.

The approval of that measure could deepen Colorado’s $1 billion budget deficit, though the financial impact will depend on how quickly lawmakers implement the program. Since the measure does not specify a timeline, legislators may choose to allocate the funds gradually rather than all at once in the next budget year, according to Kristi Burton Brown, Advance Colorado’s executive vice president.

Linking illegal immigration and fentanyl

Arizona voters overwhelmingly passed two criminal justice measures this year: One mandates life imprisonment for people convicted of child sex trafficking; the other goes after both illegal immigration and the sale of fentanyl not made in the United States.

Proposition 314 grants law enforcement the authority to arrest noncitizens who do not have legal authorization to enter or live in the United States. The law specifically targets people attempting to enter or who have entered Arizona outside official ports of entry.

This measure expands police powers to address illegal immigration at the state level. Under Proposition 314, unauthorized entry into Arizona will become a Class 1 misdemeanor for a first offense and a felony for subsequent offenses. The measure also allows state judges to order deportations.

However, portions of the law cannot take effect until a court — likely the U.S. Supreme Court — rules on the constitutionality of a similar law in Texas. If the Texas law is upheld and remains enforceable for at least 60 days, Arizona’s law could then go into effect. The law now is awaiting an appeals court decision, which is expected to itself be appealed to the Supreme Court no matter the ruling.

And the measure adds a new state felony penalty for selling fentanyl manufactured outside the country that results in another person’s death.

Some critics argue that it could lead to racial profiling and heightened community tensions, while supporters claim it will bolster border security and reduce crimes linked to illegal immigration.

Immigration enforcement is usually a federal responsibility, and some critics also have raised concerns about the additional financial and operational burden local law enforcement agencies may face.

Some local police departments contacted by Stateline were unsure of how the measure would be enforced, noting that they are waiting for further direction from state officials.

The Phoenix Police Department said in an email to Stateline that it would continue its current enforcement practices, which prohibit officers from asking about immigration status during traffic stops unless required by state law and consensual contacts with the public, according to department spokesperson Sgt. Mayra Reeson.

Under existing policies, Phoenix officers may only transport people to U.S. Immigration and Customs Enforcement if they are wanted for a criminal immigration violation and have no pending state criminal charges, or if the person has only a civil immigration violation, which includes being in the country without legal authorization, and consents to the transport.

The ACLU of Arizona has vowed to explore all options to block the implementation of Proposition 314, calling it unconstitutional and harmful.

This article was first published by Stateline, part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

Washington Secretary of Health Umair Shah said Tuesday he will step down next month, joining other state agency leaders planning to exit before Gov.-elect Bob Ferguson takes office.

“As you can imagine, making this decision was not easy and came after much soul-searching and numerous discussions with my family,” Shah said in an email to employees of the Department of Health. “While there is important work left to be done, this decision allows me to spend time with family while exploring what is next on my horizon.”

Shah is one of six members of Gov. Jay Inslee’s executive cabinet intending to leave on or around Jan. 15 when Ferguson, who is now attorney general, will begin his term as Washington’s 23rd governor. 

Both Inslee and Ferguson are Democrats. But even when partisan control of the governor’s office does not change hands, shakeups in the executive ranks aren’t unusual.

The other departing agency executives are Jilma Meneses, secretary of the Department of Social and Health Services; Sue Birch, director of the Health Care Authority; Cheryl Strange, secretary of the Department of Corrections; Ross Hunter, secretary of the Department of Children, Youth and Families; and Laura Watson, secretary of the Department of Ecology.

Watson will join Attorney General-elect Nick Brown as his chief deputy attorney general. Strange, who announced months ago she would retire in February, was recently appointed to the National Institute of Corrections Advisory Board by U.S. Attorney General Merrick Garland.

In addition, Craig Bill, director of the Governor’s Office of Indian Affairs, a small cabinet agency, is leaving. And Dave Danner, chair of the Washington Utilities and Transportation Commission, will need a successor as his term ends Dec. 3. The commission is part of Inslee’s executive cabinet but Danner, who has clashed with Inlsee, does not participate in cabinet meetings.

Ferguson is expected Thursday to name members of Inslee’s administration as some of his first appointments. He previously named his eight-person executive leadership team.

U.S. Rep. Adam Smith, a Washington Democrat, said Tuesday that his party’s brand is “broken” and that criticizing President-elect Donald Trump would not be enough to get it onto a more successful track.

The harsh assessment is notable coming from Smith, who has served in Congress since 1997 and is the party’s top member on the House Armed Services Committee.

“The Democratic Party brand is broken, and we desperately need to fix it if the party is ever going to have any hope of appealing to a majority of people in this country. Economic policy and messaging is the worst part of that, but certainly not the only part,” Smith said in a video he shared via his account on the social media platform X.

“Our messaging and our policy to most Americans seems to be aimed at a small group of people that fit certain pre-ordained categories,” he added. “It is too narrow in its focus, and it doesn’t help that whenever anybody questions this, the typical response is the person questioning it has to be some combination of ignorant, bigoted or racist.”

Smith’s comments come as Democrats embark on a round of soul-searching after searing losses in the November election. Trump roundly defeated Vice President Kamala Harris, sweeping seven battleground states and making gains among voting blocs and in places across the country that have traditionally leaned Democratic.

The GOP also took control of the U.S. Senate from Democrats and held their majority in the U.S. House.

Smith, who represents a district that includes parts of Seattle as well as areas east and south of the city, has been openly frustrated with the party’s trajectory this political cycle.

On July 8, he openly called for President Joe Biden to step aside as the Democratic candidate in the presidential race within hours of the president telling members of the House Democratic Caucus he wouldn’t. Smith was the first congressional Democrat in Washington to do so following Biden’s flawed debate performance against Trump in late June.

Nationally, Washington was something of an outlier in this year’s election. Trump scored the same paltry 39% of the state’s vote as he did in 2020. Republicans did not pick up seats in Congress and, at the state level, they will remain minorities in both chambers of the Legislature and will continue to hold zero statewide offices heading into 2025.

All but two of Washington’s 12 members of Congress, including the state’s two senators are Democrats. But they will wield limited power on Capitol Hill as a new Trump era gets underway.

“We need to listen to the American people, figure out what we are missing,” Smith said. “It’s not going to be enough right now for we Democrats to simply criticize Donald Trump.”

“There’s a lot to criticize. But we’ve done that,” he added.

Smith said he’d be doing a series of conversations in an attempt to get the party headed in a new direction.

“The time for quiet conversations behind closed doors, to keep it in the family, has passed,” he said. “We have to be honest with the American people about our faults or limitations, listen to them and fix this going forward.”

On a recent Monday morning, workers began their week on a large poultry farm in Franklin County, Washington, home to over 800,000 chickens.

By the end of the day, avian flu had been discovered among some of those chickens. By the end of the week, four workers came down with the illness, which had infected only a handful of other people in the U.S. And after two more days of testing by the Benton Franklin Health District, another 10 workers at the farm tested positive.

That outbreak, initially detected Oct. 14, represented the first human cases this year of the avian flu in the Pacific Northwest. The first human case in Oregon was confirmed Nov. 15, adding to mounting evidence that the flu is spreading to farmworker populations across the Western U.S. But efforts to test and monitor the disease among workers are spotty and inconsistent and leave the responsibility for getting tested on the laborers themselves, many of whom are undocumented and can’t afford to take time off if they test positive. 

Meanwhile, the virus is spreading rapidly among cows and chickens, raising concerns among epidemiologists that the avian flu could merge with the regular flu and cause a pandemic, making it even more urgent to try to limit the spread among people.

Regular testing helps health officials better understand how the virus is being transmitted and how to protect workers. Without it, dozens of positive workers could be undetected, leaving them to handle symptoms on their own. 

“The gold standard for public health is to be able to respond, to do surveillance and to understand what's happening,” said Amy Liebman, chief program officer of workers, environment and climate for Migrant Clinicians Network, a nonprofit organization made up of health care workers who provide care to underserved communities. “If we don’t know that these things are happening, it’s very hard to respond.”

In Idaho, which has recorded the most cases among livestock of any state in the region, only seven human tests have been conducted, and officials are not gathering information about workers on farms with animal outbreaks. By contrast, Washington has tested 77 people — all of whom were associated with the Franklin County farm — and Oregon has tested 33, and both states are gathering information about exposed workers.

Washington and Oregon are two of six states where humans have tested positive for the avian flu, but infectious disease researchers suspect there are far more unreported cases because of a lack of testing by state and local health districts.

“The ratios of how many herds and flocks have tested positive versus how many people have been tested, that stresses me out in every state,” said Elizabeth Strater, spokesperson for United Farm Workers, who is based in Los Angeles and previously worked on farmworker union efforts in Washington and Oregon. 

Avian flu has infected wild birds, chickens and cattle in states across the U.S. Since March, Idaho has reported 35 positive cases of avian flu in cattle and 41 in poultry, Washington has 52 cases among poultry, and Oregon has 41 among poultry. In Lewis County, bird flu was detected in a backyard poultry flock earlier this year. 

There is no known human-to-human spread so far, which keeps the public health risk low, but if transmission between humans happened, scientists worry it could grow into a dangerous pandemic. 

The CDC recommends that all persons exposed to avian influenza virus from infected birds, cattle or other animals be monitored for symptoms of infection and tested if they had close contact with a positive case, starting the first day they were exposed and continuing until 10 days after the last exposure. In early November, the agency called for increased testing by states to fight the spread of the virus.

None of the three Northwestern states require testing of people exposed to animals with avian flu. In Idaho, health districts are waiting for a human case before even beginning to gather information about exposed workers. In Oregon, health districts offer testing, but they don’t require it and only offer tests to people who work with a sick animal without personal protective equipment. 

Mike Lang, spokesperson for the Washington State Department of Health, said the state “will evaluate each opportunity to test people as it comes.” 

Amy Dillon, spokesperson for South Central Public Health District which encompasses Cassia County, where Idaho’s first outbreak of avian flu was found in cows, said the health district is focusing on distributing personal protective equipment to dairy farms rather than testing. 

“We are not getting line lists relating to potential avian flu exposure, because there have been no human cases in the state of Idaho at this time,” Dillon said.

But farmworker advocates and public health experts say there is a vast undercount of human avian flu cases and testing more workers who don’t have symptoms would help address the undercount and help detect positive cases to prevent the continued spread. 

‘Reservations about getting tested’

Past protocols in cases of a transmissible illness outbreak include contact tracing, which is when a health district gathers a list of people who were exposed and their contact information, age, location and symptoms so that they can screen them for the illness. 

But public health districts in Idaho are not doing such contact tracing yet.

In an email, AJ McWhorter, public information officer for the Idaho Department of Health and Welfare, said just three people were tested by a local public health district in June. The other four tests were completed by private clinics or hospitals. Only one person was tested in the last two months, despite the U.S. Department of Agriculture report of two new cases among cattle in commercial dairies in the last 30 days. 

In Idaho, it is up to the individual employers to encourage workers to be tested. Rick Naerebout, executive director of the Idaho Dairymen’s Association, said the association and health districts have ensured that dairies with positive avian flu cases in their cattle have information about the flu and where to test, but it is up to them to go get tested. 

“You’ve got a workforce (in dairies) that doesn't always have legal status, so there’s going to be reservations about going and getting tested at a health district, or any sort of medical service,” Naerebout said. 

Liebman, who works with undocumented farmworkers in her role at the Migrant Clinician Network, said there are always risks for undocumented migrants in the U.S., but they do not need to provide their immigration status to obtain a flu shot or health care of any kind. 

Dillon said if there was a human case in Idaho, the health district may decide to do contact tracing for exposed people, on a case-by-case basis.

Idaho’s dairy industry employs over 33,000 workers and is ranked third in the U.S. for milk production. Around 90% of Idaho dairy workers are migrant workers, and many of them are undocumented. 

In the Franklin County, Washington, outbreak, Heather Hill, a public health nurse and deputy director of the Benton Franklin Health District, said district staff spoke with the poultry farm owners, who reported workers with pink eye, which is a symptom of the avian flu virus. The district then tested workers at two clinics it hosted at the farm. 

After the clinics, Hill said the district got a list and contact information for all the potential employees who were exposed. The district also offered standard flu vaccines.

Ten new cases among animals were reported in Snohomish County in early November, according to the U.S. Department of Agriculture. But no new workers were tested by the Washington Department of Health.

Liebman said surveillance is one of the few ways public health agencies can understand how people are getting exposed to the illness. Surveillance refers to having public health staff regularly contact local private health care providers and workers to get information about whether they’re seeing symptoms of the flu. 

“You want to try to understand and do a case report on exposure,” Liebman said. “You try to ask someone who is testing positive questions like ‘Who were you in contact with? What were you in contact with? Did the farm already have a positive test or positive herd? Were you working with sick animals? Were you not around animals at all, and what were your tasks that you were doing? Are you a milker? Are you a pusher? Are you dealing with calves?’ When you understand the tasks and what kind of PPE they were wearing, you begin to understand the exposure.”

Strater told InvestigateWest that she hasn’t heard of any states doing surveillance. Instead, she said, they are doing more passive monitoring, by relying on employers to report workers who show symptoms of avian flu. 

“Some employers will, some won’t,” she said. 

Clinicians cite Colorado as a state that has effectively responded to outbreaks of avian flu by testing workers. The state has tested 137 people who were exposed, according to the Colorado of Public Health and Environment. Public health workers in Colorado and Michigan also tested blood samples of over 100 workers who were known to have been working with infected cows and found 7% had avian flu antibodies, meaning they had unknowingly contracted the virus.

But Liebman said that even workers who were exposed to positive animals but not showing symptoms should be tested. 

By testing all exposed workers, Liebman said, local health authorities would have “a much better understanding of transmission, of what protects the worker and the likelihood of workers actually even having it while being asymptomatic.” 

When asked why they weren’t testing more workers, Dillion said that workers in Idaho were given equipment to protect themselves while working and feels that is sufficient enough not to warrant testing people without symptoms. 

Jonathan Modie, spokesperson for the Oregon Health Authority, said they reserve testing for people with symptoms or asymptomatic people who had a high-risk exposure, meaning a breach or misuse of PPE. Lang said the Washington Department of Health is clarifying the new CDC guidelines before it implements more testing.

A high mortality rate

So far, human cases of avian flu have been mild. Dr. Jürgen Richt, a professor and director of the Center of Excellence for Emerging and Zoonotic Animal Diseases at Kansas State University, told InvestigateWest that so far people who have tested positive for avian flu have had mild respiratory symptoms and conjunctivitis, or pink eye.

But that wasn’t always the case. In 2003, when avian flu reemerged after the first outbreak in 1996, Richt said there was transmission of the flu to humans and there was a high fatality rate. 

According to Yale Medicine, the mortality rate was 50% for the 900 people who were infected with the bird flu from 2003 to present. 

“We were lucky that the virus got milder over time in humans,” Richt said. 

Even with mild symptoms, Liebman said people who are positive for avian flu are recommended Tamiflu to treat the illness and to try to minimize the spread. 

Avian flu has destroyed many backyard poultry operations in the Pacific Northwest and cost commercial farmers dairy milk and their flocks and eggs. 

Amber Betts, spokesperson for the Washington Department of Agriculture, said in poultry, early signs of an avian flu outbreak include chickens becoming lethargic and confused. In dairy operations, an early sign is a significant drop in milk production. 

Once a veterinarian and lab receive positive tests results for avian flu, the farm has to stop operations and sanitize. For backyard farms, Betts said there is a fallow period, where no animals can live on the backyard farm for at least 120 days. But that period is shorter for commercial farms because there are heavy disinfection and testing procedures that a farmer must do before they can begin farming again. 

If a farm does have a positive case of the flu, a farmer must report it, Betts said. The Department of Agriculture gives farmers indemnity payments for eggs and chickens that they had to euthanize for being exposed to the flu. 

There are no payments to a farm owner if any of their workers contract avian flu and must take time away from work. That is what worries Strater, who says it is a gamble to rely on the farm owner and workers to test themselves or report positive cases. 

“The issue is the employers because both the employers and the workers have a financial incentive to avoid testing,” she said.

All recorded cases of avian flu in humans, except for one, came from farmworkers who worked with infected animals. 

“Really what we’ve seen in humans is when the humans are working with an infected animal,” Betts said. “That could be while they are helping clean up after an outbreak in a farm and maybe biosecurity protocols aren’t to the highest standards. Maybe somebody accidentally rubs their eye or that kind of thing.”

Humans can get the virus from animals by touching an infected animal’s bodily fluids, including animal milk, and from touching a surface that was contaminated with the virus and then touching their eyes or mouth. People who have worked with infected animals are considered a “high risk exposure,” according to the CDC, and it recommends they be tested for the virus by local health districts. 

Some scientists worry about the avian flu mixing with the seasonal flu in pigs, where an avian flu case was found in one in Oregon. Pigs are susceptible to both animal and human viruses. Scientists say a mixing of the two viruses could increase the risk of a flu pandemic. 

‘Worker health and safety is public health’

Liebman thinks the public health response to avian flu should be informed by what people learned from the COVID-19 pandemic, which ravaged agricultural and meat packing plants where workers were not being tested for the highly transmissible virus. 

Advocates for workers then, and now, say workers can’t afford to have a positive test. They don’t get paid sick time off work if they have to quarantine for two weeks.

Unlike many of the severe symptoms of COVID-19, people who are positive for avian flu have experienced mild symptoms that they could hide if they want to continue working. 

The hesitancy is why Liebman says it is important for health departments to deploy community health workers who speak Spanish, who come from similar backgrounds as the workers and who can understand their hesitancy to report an exposure or illness. 

“You have to understand that the risk that a worker takes simply to be in this country to work is really significant, and their priority is to stay employed and work,” she said. “There’s a lot of fear around potentially losing their job. They don’t want to make their employer upset. They don’t want to miss any work. There’s fear of just losing money if they do test positive.” 

InvestigateWest (investigatewest.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. A Report for America corps member, reporter Rachel Spacek can be reached at rachel@invw.org.

Kelly Ann Pierson, beloved wife, mother, grandmother and friend to many, passed away Oct. 21 at home in Rochester.  

Born Oct. 20, 1960, in Winlock, she attended Winlock High School and was Egg Day Queen in 1978. In 1980, she married the love of her life, Rob Pierson, and had two children. She loved camping at the beach, fishing, clam digging and crabbing. 

She was preceded in death by her father, Alfred Raubuch,and mother, Jan Raubuch.

She leaves behind her devoted husband, Rob Pierson,;her loving children, son Shawn (Brenna) Pierson and daughter Britney (Boone) Brown; grandchildren, Wyatt, Lexi, Rylan and Tristan; her sister, Carrie Pennington; and her brother, Keith Raubuch.

We will be having a celebration of life for Kelly this summer.