How many votes passed are listed on the measure that had 390338 yes votes? 
CREATE TABLE table_256286_40 (passed VARCHAR, yes_votes VARCHAR)
SELECT COUNT(passed) FROM table_256286_40 WHERE yes_votes = 390338
<s>[INST] Write mssql query to answer the following question given the database schema. Schema: CREATE TABLE table_256286_40 (passed VARCHAR, yes_votes VARCHAR) Question: How many votes passed are listed on the measure that had 390338 yes votes?  [/INST] SELECT COUNT(passed) FROM table_256286_40 WHERE yes_votes = 390338 </s>