Anaya Nolan
Ballot measures are proposed laws, issues, or constitutional amendments that are put to a vote on a statewide or local ballot for the voters of the jurisdiction to decide on. In the United States, ballot measures can be placed on the ballot through citizen initiatives, legislative referrals, or automatically in some states. Citizen-initiated ballot measures allow citizens to propose a constitutional or statutory amendment or a veto referendum, which asks voters whether to uphold or repeal an enacted law. Legislative referrals, on the other hand, are issues, questions, or laws that are placed on the ballot due to a vote by state legislators. While most laws governing ballot measures are state laws, the process for repealing a ballot measure law can vary depending on the state. Some states have specific requirements, such as supermajority vote requirements, while others allow for legislative alteration of voter-approved initiatives.
| Characteristics | Values |
|---|---|
| Who can repeal a ballot measure law? | The legislature or the voters |
| Who can initiate a ballot measure? | Citizens or legislators |
| Types of ballot measure | Veto referendum, statute affirmation, legislative ballot measure, advisory question, commission-referred ballot measure, automatic ballot referral, constitutional convention-referred amendment |
| States that allow citizens to initiate veto referendums | 23 |
| States with a process for initiated state statutes | 21 |
| States with no restrictions on legislative alteration of voter-approved initiatives | 11 |
| States with restrictions on legislative alteration of voter-approved initiatives | 10 |
| States with a supermajority vote requirement or a time requirement | 8 |
| States that require voter approval to amend voter-approved initiatives | 2 (Arizona and California) |
| States with time requirements | 2 (Alaska and Wyoming) |
| States with a simple majority vote option after a period of time | 2 (North Dakota and Washington) |
| States with laws governing legislative alteration of ballot initiatives | 43 |
| Number of legislative proposals concerning ballot measures, initiatives, veto referendums, etc. tracked by Ballotpedia as of March 24, 2025 | 470 |
| Number of bills enacted into law as of March 24, 2025 | 18 |
| Number of bills that are proposed constitutional amendments passed by state legislatures in 2025 that require voter approval in 2026 to take effect | 4 |
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What You'll Learn
Citizen-initiated ballot measures
The process for citizen-initiated ballot measures usually begins with initiative petitions, which are filed in odd-numbered years to appear on the ballot during the next statewide biennial election, typically held in even-numbered years. The Attorney General's Office determines if the petition meets the state's constitutional requirements and can be certified. This process is conducted in cooperation with both the petitioners and any opponents of the proposed measure, allowing for the submission of legal memoranda to ensure that all views are considered before a decision is made. If a petition is certified, it may then be filed with the Secretary of State's Office.
To be placed on the ballot, citizen-initiated measures typically require a certain number of signatures from registered voters. For example, in Massachusetts, petitioners must collect 74,574 signatures and file them with local election officials for certification before submitting them to the Secretary of State's Office. Once enough signatures are collected, the measure is sent to the Legislature and then placed on the ballot for the next statewide general election. Some states, like Mississippi, have specific signature distribution requirements based on congressional districts.
After a citizen-initiated ballot measure has been approved by voters, it can still be altered or repealed by the state legislature through a process known as legislative alteration. Eleven states have no restrictions on legislative alteration, while ten states have restrictions on how and when these alterations can occur. For instance, Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas require a two-thirds supermajority vote. Additionally, some states have time requirements, such as Alaska and Wyoming, which mandate a two-year waiting period before repeal.
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Legislative ballot measures
The power of voters to use ballot measures to change laws has been upheld by multiple high courts, including in California, Michigan, and Utah. These courts have emphasised the importance of direct democracy and the right of citizens to initiate statutes and constitutional amendments.
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Veto referendums
A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal a law passed by the state legislature. This type of ballot measure is also known as a statute referendum, popular referendum, people's veto, or citizen's veto. There are 23 states that have a process for veto referendums, although one source mentions 26 states that provide citizens with the power of initiative, referendum, or both.
The process for ballot measures, including veto referendums, varies depending on the state, as there is no federal ballot measure process. Most of the laws governing ballot measures are state laws. Between 1906 and 2024, 529 veto referendums appeared on the ballot in 23 states, with voters repealing 64.8% of the targeted laws. Utah is the only state where voters have repealed every law put before them through the veto referendum process.
It's important to note that legislative alteration refers to when lawmakers repeal or amend citizen initiatives after voters have approved them. Eleven states have no restrictions on legislative alteration, while ten states have restrictions on how and when the legislature can amend or repeal voter-approved initiatives. Some states, like Michigan and North Dakota, require a supermajority vote to amend or repeal approved citizen initiatives.
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Legislative alterations
Legislative alteration refers to when lawmakers repeal or amend citizen initiatives after voters have approved them. At the statewide level, it applies only to initiated state statutes since legislatures cannot change initiated constitutional amendments without voter approval.
There are variations in the legislative processes for ballot measures across different states. While some states have no restrictions on legislative alteration, others require voter approval of substantive alteration, and some have time restrictions, supermajority vote requirements, or a combination of the two. For example, Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas require two-thirds supermajority votes. Additionally, North Dakota and Washington allow the state legislature to amend or repeal an approved citizen initiative with a simple majority vote after a certain period has passed (two years for Washington and seven years for North Dakota).
Legislative proposals concerning ballot measures, initiatives, and other related topics are continually being tracked and enacted into law. These proposals can include changes to the ballot initiative process, such as requirements for photo IDs, sworn affidavits from canvassers, and expiration dates for signatures. Additionally, in California, the ballot initiative process allows citizens to propose laws and constitutional amendments without the support of the Governor or the Legislature.
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State-specific requirements
The process for ballot measures varies depending on the state. While some states allow citizens to initiate popular referendums, others do not. Here are the state-specific requirements for some states:
California
In California, any voter can put an initiative or referendum on the ballot by following the "How to Qualify an Initiative" process. California typically has dozens of ballot measures each year. For instance, in 2013, the state had 28 ballot measures, with 12 passing.
Idaho
In 2013, the Idaho Legislature increased the geographical requirements for putting an initiative on the ballot after a trio of unpopular education laws were repealed by voters.
Nevada
Nevada is the only state with a statute affirmation, which allows voters to collect signatures to place a question on the ballot, asking citizens to affirm a standing state law. If a majority votes to affirm the law, the state legislature cannot amend the law without a direct vote of the electorate.
Utah
Utah's state constitution declares that "all political power is inherent in the people" and that they "have the right to alter or reform their government as the public welfare may require." This gives Utahns the fundamental right to enact government reforms through the initiative process. However, the Utah legislature has attempted to overturn this by submitting a proposed constitutional amendment that would give them the authority to amend or repeal initiated statutes.
Michigan
Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives.
North Dakota, Washington, Nebraska, and Arkansas
North Dakota, Washington, Nebraska, and Arkansas require two-thirds supermajority votes to repeal or amend approved citizen initiatives. Additionally, in North Dakota and Washington, the state legislature may amend or repeal an approved citizen initiative with a simple majority vote after a certain period (two years in Washington and seven years in North Dakota).
Alaska and Wyoming
In Alaska and Wyoming, two years must pass before repeal, but the legislature can amend an initiative at any time.
Arizona
Arizona requires voter approval of substantive alteration of voter-approved initiatives.
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Frequently asked questions
A ballot measure is a proposed law, issue, constitutional amendment, or question that appears on a statewide or local ballot for voters of the jurisdiction to vote on.
Ballot measure laws can come into effect through one of three means: citizen initiative, legislative referral, or automatically in some states. Citizen-initiated ballot measures require citizens to collect a specified number of signatures prior to being placed on the ballot.
Yes, a ballot measure law can be repealed. This is known as legislative alteration, where lawmakers repeal or amend citizen initiatives after voters have approved them. The process for legislative alteration varies depending on the state. For example, Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas require two-thirds supermajority votes.
There have been several cases where ballot measure laws have been challenged or repealed. For example, in California, the case of Castellanos v. California addressed a conflict between a voter-approved initiative and the state legislature's authority. The California Supreme Court upheld the ballot measure, emphasizing the significance of the state constitution's direct democracy powers. In Utah, the state legislature moved to overturn a ballot initiative, but a judge voided the measure after finding that its ballot language was misleading.
