2016 Election Night

As the presidential race unfolds dramatically, the death penalty is quietly having a successful night. The AP has called the vote on the death penalty ballot initiative in Oklahoma; the voters there have adopted a state constitutional amendment strengthening the punishment there, guaranteeing the state the power to execute and the ability to choose the means of execution. And Nebraska results are coming in. With 12 percent reporting, “repeal” leads in the vote on Referendum 426, 52-48. If that result holds, capital punishment will be reintroduced in the state. The state’s legislature had eliminated it last year.

Clinton and Trump together have 96.0 percent of the vote right now — third-party candidates have 4.0 percent. That’s about in line with expectations, but the third-party vote may nevertheless be enough to potentially have swung several swing states.

Nine states are deciding on marijuana legalization ballot initiatives today. We’re spotlighting each during the course of the day. Here are the states whose polls close at 10 p.m. Eastern:

Montana

If the ballot measure in Montana passes, it will repeal the three-patient limit for medical marijuana providers, giving qualifying patients easier access to the drug. Voters have had a wild ride with marijuana legalization in Montana. Medical marijuana was legalized in 2004, and the rules were amended in 2011 to stop advertisements for it and limit the scope of the business for providers and prescribers. Advocates tried unsuccessfully to repeal it in 2012. Then, after the 2011 bill was tied up in courts for five years, it went into effect in August. We’ve seen only one poll for this measure, and it shows the measure losing by a 7 percentage point margin. With only one poll to look at, though, nothing is assured.

Nevada

If the ballot measure in Nevada passes, adults age 21 and older will be able to possess up to 1 ounce of marijuana and consume it privately. Adults who do not live within 25 miles of a marijuana retail store would be allowed to grow up to six plants. Medical marijuana is currently legal in the state. A 15 percent tax on the drug would be spent first on enforcing the measure; remaining funds would go to K-12 education. As in many other states voting this into law, current medical marijuana facilities in Nevada would be encouraged to transition into recreational marijuana facilities. All seven state polls we’ve seen this year suggest that the measure will pass.