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Voters on Election Day 2012 are doing more than choosing the next president, or deciding the balance of power in Congress. Across the country, they'll be tasked with settling tricky -- and albeit, perennial -- questions on issues like marijuana, same-sex marriage, abortion and the death penalty.

But this year’s state ballots also include a few more surprising issues such as measures related to President Obama’s health care law, even after a Supreme Court ruling said it was constitutional.

A total of 38 states on Tuesday will consider 174 ballot measures, including 12 referendums, according to the National Conference of State Legislatures.

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The following is a list of top ballot measure issues, the states in which voters will decide them and in some cases the likelihood of passage.

Health Care

Alabama - Amendment 6: Prohibits individuals and businesses from being compelled to participate in health care system.

Approval threshold: Majority of measure votes.

Florida – Constitutional Amendment 1: Prohibits individuals and businesses from being required to participate in health care system.

Approval threshold: At least 60 percent of measure votes.

Montana – Legislative Referendum No. 122: Prohibits individuals and businesses from being required to participate in health care system.

Approval threshold: Majority of measure votes.

Wyoming – Proposed Constitutional Amendment A: Declares that no person shall be required to participate in a health care system.

Approval threshold: Majority of the general electorate.

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Marijuana

Arkansas -- Issue No. 5: Permits medical use of marijuana.

Approval threshold: Majority of measure votes (likely to fail).

Colorado -- Amendment 64: Legalizes and taxes marijuana.

Approval threshold: Majority of measure votes (too close to call).

Massachusetts -- Question 3: Permits medical use of marijuana.

Approval threshold: Majority of measure votes and at least 30 percent of the voters who cast ballots (likely to pass.)

Montana -- Initiative Referendum No. 124: Asks voters to repeal state law (SB 423) that weakens a voter-approved initiative allowing medical use of marijuana.

Approval threshold: Majority of measure votes.

Oregon – State Measure 80: Legalizes possession and sale through state-licensed stores.

Approval threshold: Majority of measure votes (likely to fail).

Washington -- Initiative Measure No. 502: Legalizes production, possession, distribution of marijuana.

Approval threshold: Majority of measure votes (likely to pass).

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Taxes

Arizona -- Proposition 204: Makes permanent temporary sales tax increase from 5.5 percent to 6.5 percent expiring in 2013, dedicates revenue to education, mandates annual increases in education spending.

Approval threshold: Majority of measure votes (likely to fail).

Arkansas -- Issue No.1: Levies 0.5 percent sales tax to fund $1.3 billion bond issue for roads.

Approval threshold: Majority of measure votes (no recent polling).

California -- Proposition 30: Increases income taxes on wealthy, increases sales taxes, to fund schools. Democratic Gov. Jerry Brown’s measure.

Approval threshold: Majority of measure votes (likely to pass).

California -- Proposition 38: Increases income tax rates for 12 years to fund schools/early education.

Approval threshold: Majority of measure votes (likely to fail).

Missouri – Proposition B: Increases tobacco taxes, dedicates revenue to health education.

Approval threshold: Majority of measure votes (likely to pass).

Oklahoma -- State Question No. 758: Limits annual increase to 3 percent, now 5 percent.

Approval threshold: Majority of measure votes.

Oregon  -- State Measure 84: Eliminates estate/inheritance taxes.

Approval threshold: Majority of measure votes.

Same-Sex Marriage

(FOR)

Maine -- Question 1: Legalizes same-sex marriage, would overturn a 2009 initiative.

Approval threshold: Majority of measure votes (likely to pass).

Maryland -- Question 6: Uphold the new law legalizing same-sex marriage.

Approval threshold: Majority of measure votes (too close to call).

(AGAINST)

Minnesota -- Amendment 1: Defines marriage as solely between one man and one woman.

Approval threshold: Majority of Election Day voters, not just measure voters  (too close to call).

Washington -- Referendum Measure No. 74: Asks voters to repeal SB 6239 that legalized same-sex marriage.

Approval threshold: Majority of measure votes (too close to call).

Death Penalty

California -- Proposition 34: Abolishes death penalty.

Approval threshold: Majority of measure votes (too close to call).

Illegal Immigration

Maryland -- Question 4: Sometimes called the "Dream Act," would allow some illegal immigrants to pay in-state college tuition.

Approval threshold: Majority of measure votes (likely to pass).

Montana -- Legislative Referendum No. 121: Legislative statute denying state services to illegal immigrants.

Approval threshold: Majority of measure votes.

Abortion

Florida -- Constitutional Amendment 6: Prohibits use of public funds for abortion.

Approval threshold: At least 60 percent of measure votes (too close to call).

Collective Bargaining

Michigan -- Proposal 12-2: Establishes right to collective bargaining for public and private sector workers.

Approval threshold: Majority of measure votes (likely to fail).

Right to Die

Massachusetts -- Question 2: Would allow terminally ill patients to receive a lethal dose of drugs.