Gavin Howe
Ballot measures are proposed laws, issues, or questions that appear on a ballot for voters to decide on. In the United States, ballot measures can become law through one of three means: citizen initiative, legislative referral, or automatically in some states. Each state has different requirements for getting an issue on the ballot, but most ballot measures are placed through citizen initiatives or legislative referrals. Citizen-initiated ballot measures allow citizens to propose a constitutional or statutory amendment, or a veto referendum, for inclusion on a ballot. Legislative referrals, on the other hand, are issues, questions, or laws that appear on a ballot due to a vote by state legislators.
| Characteristics | Values |
|---|---|
| Types of ballot measures | Initiated constitutional amendment, initiated state statute, legislative constitutional amendment, legislative state statute, legislative bond issue, advisory question, automatic ballot referral, commission-referred measure, convention-referred amendment |
| Types of citizen-initiated ballot measures | Initiated constitutional amendment, direct initiated constitutional amendment, indirect initiated constitutional amendment, initiated state statute, direct initiated state statute, indirect initiated state statute, combined initiated constitutional amendment and state statute, statute affirmation (Nevada), veto referendum |
| Types of legislative referrals | Legislatively referred amendment, legislatively referred state statute, legislatively referred bond measure, advisory question |
| Other types of state ballot measures | Automatic ballot referral, constitutional convention question, commission-referred ballot measure, convention-referred constitutional amendment |
| Citizen-initiated ballot measures | Citizen initiative process allows citizens to propose a constitutional or statutory amendment, or a veto referendum, for inclusion on a ballot |
| Direct initiative | A citizen-initiated ballot measure placed on a ballot for voters through direct initiatives |
| Indirect initiative | A citizen-initiated ballot measure placed before voters that requires citizens' signatures and approval from the state legislature |
| Legislative referral | A legislatively referred ballot measure is an issue, question or law that appears on a state or local ballot due to a vote by state legislators |
| Automatic ballot referral | Ballot measures put before the public for a vote without action from citizens, the legislature or governing body |
| Local ballot questions | Local ballot questions for cities and towns in Massachusetts are not reviewed by the Attorney General’s Office |
| Special elections | A special election may be held in a city, township or school district on a question which the voters are authorized by law to pass judgment |
What You'll Learn
Citizen-initiated ballot measures
The process for citizen-initiated ballot measures can be direct or indirect, depending on the state. Direct citizen initiatives are placed on the ballot without involvement from the state legislature, provided they meet certain qualifications, which typically relate to signature gathering, subject matter, and deadlines. Indirect citizen initiatives are submitted to the state legislature, which can then approve the measure, not adopt it, or submit a competing measure.
In Massachusetts, for example, an initiative petition must first be prepared by the petitioner, signed by at least 10 registered voters, and submitted to the Attorney General's Office by the first Wednesday in August. The Attorney General's Office then determines if the petition meets the state's constitutional requirements and can certify it. 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 by the first Wednesday in December. If the Legislature does not pass the measure by the first Wednesday in May, the petitioner must collect additional signatures and resubmit them before the first Wednesday in July for the measure to be placed on the ballot for the next statewide general election.
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Legislative referrals
Legislatively referred ballot measures typically refer to issues, questions, or laws that are put to a vote by state legislators. These measures can be legislatively referred constitutional amendments or legislatively referred state statutes.
Constitutional amendments through legislative referrals require voter approval in almost all states (49 out of 50), regardless of how the constitutional provision was established. Delaware is the only state that does not require voter approval for constitutional amendments. On the other hand, statutes amended by legislative referrals generally do not require voter approval. However, certain changes, such as those addressing specific topics or amending voter-approved initiated state statutes, may necessitate voter approval.
The process for legislative referrals can vary from state to state. In Minnesota, for instance, the state constitution outlines the process for amending it. It requires a majority vote from both houses of the legislature to propose constitutional amendments, which must then be published alongside the laws passed during the same session. The proposed amendment is then put before the voters for approval or rejection during a general election. If a majority of voters ratify the amendment, it becomes part of the constitution.
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Automatic ballot referral
An automatic ballot referral is a ballot measure that is placed on the ballot without legislative votes or citizen-initiated signature drives. This type of ballot measure is also known as an automatic ballot measure or compulsory referral.
An automatic ballot referral is established under state law or a state's constitution and must appear on the ballot at certain intervals or under certain circumstances. For example, in 14 states, a constitutional convention question is an automatic ballot referral, meaning no legislative vote is required. Instead, the state constitution includes a provision that requires the question to be asked at a specific interval.
The most common type of automatic ballot referral is a state constitutional convention question, which is required to appear on the ballot at certain intervals in some states. These questions give voters the chance to decide whether they want to amend the constitution.
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Commission-referred measures
A commission-referred ballot measure is a ballot measure that a commission votes to place before the voters. These ballot measures can be constitutional amendments or statutes, depending on the commission's powers.
Commissions are not legislatures but have been granted the power to propose ballot measures, either through a prior act of a state legislature or state constitutional language.
As of 2024, only two states – Arizona and Florida – have commissions that can refer measures to statewide ballots. In Arizona, the commission can refer statutes related to government salaries. The commission in question is the Commission on Salaries for Elective State Officers (CSESO), which has the power to review and recommend salaries for elected state officers, including legislators. The commission's recommendations for non-legislative offices are submitted to the governor, who then decides whether to include the changes in the next state budget proposal. The commission's recommendations for state legislators are referred to voters at the next regular general election.
In Florida, there are two commissions that have the power to refer constitutional amendments to the ballot: the Constitution Revision Commission (CRC) and the Taxation and Budget Reform Commission (TBRC). The CRC is a 37-member commission that convenes every 20 years to review and propose changes to the Florida Constitution. The TBRC is a 25-member commission that reviews and proposes changes to the state's budgetary process, revenue needs, expenditure processes, tax structure, and governmental productivity and efficiency. When a proposal would change the Florida Constitution, the constitutional amendment is referred to voters as a ballot measure. The TBRC convenes every 20 years.
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Convention-referred amendments
A convention-referred amendment is a type of ballot measure that is placed on the ballot by a state constitutional convention. It is one of two methods authorized by Article Five of the United States Constitution, whereby amendments to the United States Constitution may be proposed.
The process for a convention-referred amendment begins with a proposal from a state constitutional convention. This can occur in two ways: either through an application of two-thirds of the State legislatures (34 out of 50) or by an automatic ballot referral, which does not require a legislative vote. Instead, the state constitution includes a provision that calls for the question to be put to voters at a specific interval. Once a proposal has been made, Congress must call a convention for proposing amendments. For the amendments to become law, they must be ratified by three-fourths of the states (38 out of 50).
The last time voters decided on convention-referred constitutional amendments was in 1986 in Rhode Island. In this case, voters had approved a constitutional convention question in 1984, and the convention referred 14 constitutional amendments to the ballot in 1986.
While the Article V Convention method has never been used at the federal level, there have been over 230 constitutional conventions assembled at the state level.
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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 measures can get on the ballot through one of three means: citizen initiative, legislative referral, or automatically in some states.
The citizen initiative process allows citizens to propose a constitutional or statutory amendment, or a veto referendum, for inclusion on a ballot. This can be achieved through direct or indirect means, both of which require citizens to collect a specified number of signatures prior to being placed on the ballot.
