WHAT YOU NEED TO KNOW ABOUT THE BALLOT MEASURE LANDSCAPE RIGHT NOW
November 2025
The Toplines
- Some state officials are using the courts to slow or even block citizen-led ballot initiative campaigns.
- Maine’s Question 1 was the only ballot measure nationwide to be rejected by voters on November 4. The initiative would have required voters to present certain photo ID when casting a ballot, and severely restricted the state’s popular and secure absentee voting system.
- A second Maine ballot measure was approved to allow courts to grant extreme risk protection orders.
- Voters in Colorado passed a pair of legislatively-referred measures to fund and expand the state’s free school meals program.
- A new constitutional amendment in Texas could make it more difficult for civil rights groups to advocate for the state’s youth.
Emerging Trend
State Officials Using Legal Tactics to Stall the Initiative Process: Legal battles are nothing new for ballot initiative campaigns, but they’ve earned more than a few headlines in recent months.
Take for example the proposed referendum to repeal Missouri’s new gerrymandered redistricting map, which is already at the center of two legal battles just weeks after the campaign kicked off. People Not Politicians Missouri has been left with little choice but to sue Secretary of State Denny Hoskins over his refusal to count many of the campaign’s collected petition signatures. While Hoskins claims the campaign was legally prevented from gathering signatures before Gov. Mike Kehoe signed the gerrymandered map into law, legal precedent in the state says otherwise. Meanwhile, Attorney General Catherine Hanaway has filed a lawsuit to block any citizen-led effort to repeal the assembly’s map. She argues that a referendum would violate both the state and federal constitutions, despite Missourians having a constitutional right to petition the government.
In Montana, groups behind two competing campaigns for non-partisan courts took Attorney General Knudsen to court, accusing him of injecting bias into the ballot language for their respective initiatives in order to mislead voters. The Montana Supreme Court ultimately ruled that he’d overstepped his authority in rewriting the ballot language. “Montana voters have ample experience with nonpartisan elections — the last 90 years of nonpartisan judicial elections being but one example.”
The legal maneuvers can extend well beyond the qualification phase and oftentimes are wielded during a voter-approved initiative’s implementation. Despite a resounding victory for reproductive rights in Missouri, former state Attorney General used a newly-passed bill this spring to file legal challenges against a court ruling that had allowed abortion care to resume in the state. The case continues to be pursued by his successor, Attorney General Hanaway.
These kinds of procedural taps and bad-faith legal interpretations on the part of state lawmakers are strategically used to drain time, money, and momentum from grassroots efforts. But as we’ve seen time and again, ballot measure campaigns and direct democracy defenders aren’t giving in without a fight.
Defending Direct Democracy
Arkansas
The Fight: A federal court has blocked state officials from enforcing six new laws that would have made it nearly impossible for Arkansans to use the ballot initiative process. These include an affidavit requirement that the judge called ‘draconian’, an 8th grade reading level requirement that’s already been weaponized against several initiative campaigns this year, and unnecessary burdens placed on voters trying to sign petitions.
Why It Matters: In his ruling, the judge repeatedly stressed violations of the First Amendment and ultimately argued that the state doesn’t have a legitimate reason limiting citizen initiatives. This is a huge win for Arkansans, who have worked for months to pursue initiatives defending direct democracy in the state and to granting the right to a clean and healthy environment.
Missouri
The Fight: People Not Politicians Missouri is using the state’s referendum process to challenge a gerrymandered redistricting map that would dismantle a Kansas City district, disenfranchising the state’s second-largest concentration of Black, Latine, and other communities of color. But key lawmakers are pulling out all the stops to crush the citizen-led effort. Missouri Secretary of State Denny Hoskins has refused to verify nearly 100,000 petition signatures collected from voters, forcing the campaign to sue to ensure those voters’ voices are heard. And the state’s Attorney General Catherine Hanaway has filed a federal lawsuit against the campaign, claiming that their (constitutionally-guaranteed) referendum effort violates the federal and state constitutions. She’s even sent I.C.E. to investigate the campaign’s signature collectors, while providing the public zero evidence to back up her claims.
Why It Matters: Missouri has faced a barrage of attacks on the initiative process in recent years, but especially after voters passed a 2024 initiative to restore reproductive rights and another to guarantee paid sick leave and raise the minimum wage. From legal challenges to hostile legislation and more, Missourians face one of the country’s most challenging ballot measure processes. BISC’s Executive Director, Chris Melody Fields Figueredo, explains that, “Missouri is a good indicator of what we’re going to face in 2026, and this has been true for the last several years.” But groups like People Not Politicians Missouri and Missouri Jobs With Justice aren’t giving in without a fight, and have rallied a growing number of voters to stand with them to defend direct democracy.
Nebraska
The Fight: The Respect Nebraska Voters coalition is pursuing a ballot initiative to protect the state’s citizen-led initiative process by raising the vote threshold required for legislators to make changes to voter-approved measures.
Why It Matters: The push to protect the state’s ballot initiative process comes on the heels of lawmakers partially repealing 2024’s popular paid sick leave initiative. The legislation — which passed by a margin of just one vote — stripped an estimated 140,000+ workers of the guaranteed right to earn paid sick time and overrode the will of the nearly 75% of voters who approved I-436.
Election Connection 2025
Critical Victories
Maine Question 1: Absentee Voting Restrictions and Voter ID Requirement [FAILED]: Mainers have soundly defeated a deceptive attack on the state’s popular absentee voting system that would have affected countless rural voters, seniors, shiftworkers, students, voters with disabilities, and more. Deceptively marketed as a voter ID measure, the initiative also contained a slate of restrictions including a ban on ongoing absentee voting registration, the elimination of two days of early absentee voting, and a reduction in the number of secure ballot drop boxes. Question 1’s defeat is a resounding victory for voting rights and marks the first time a proposed voter ID requirement has been defeated in over 10 years.
Maine Question 2: Extreme Risk Protection Order Act [PASSED]: With the passage of Question 2, courts will now have the option to temporarily prohibit a person from possessing dangerous weapons if their family, roommates, or law enforcement feel that person poses a threat to themselves or others. Opposed by gun rights groups, the ‘red flag’ proposal was championed by families of Lewiston shooting victims who said the current ‘yellow flag’ law failed to prevent the tragedy.
Colorado Proposition LL: Allow State to Retain Revenue from Proposition FF for Healthy School Meals for All Program Measure [PASSED]: Voters have approved the legislatively-referred measure that will allow the state to keep excess tax revenue collected using 2022’s Prop. FF in order to invest that money in free school meals for children and teens. About $11 million will now be funneled to the Healthy School Meals for All program, which can save a family as much as $1,250 per child per year.
Colorado Proposition MM: Reduce State Income Tax Deductions and Allocate Revenue to School Meals and SNAP Measure [PASSED]: Prop. MM’s victory is an important win for Coloradans amid federal attacks on anti-hunger programs. The voter-approved measure will increase taxes on wealthier Coloradans, raising an additional $95 million for the Healthy School Meals for All program, increased wages for cafeteria workers, and grants for schools to purchase locally grown food. Any excess money raised would then be used to fill gaps in SNAP benefits, ensuring that low-income families can continue to access healthy food amid politically-motivated cuts to the program.
Texas Proposition 15: “Parental Rights” Amendment [PASSED]: Despite state law already guaranteeing that parents are the primary decision makers for their children, Texas voters have now enshrined that law in the state constitution. The amendment affirms that parents have the right to exercise “control” of their children’s upbringing. This result makes it even more challenging for civil rights advocates to fight attacks on childhood vaccinations, LGBTQIA+ youth rights, and more.
2026 Ballot Measure Trends: What’s Next?
Even as votes continue to be tallied Wednesday morning, BISC is closely tracking emerging trends that could impact next year’s election — both for better and for worse.
The success of California’s Prop. 50 could continue to weigh heavily on voters’ minds as advocates in Missouri attempt to repeal the state’s legislature’s gerrymandered map. But the fight extends well beyond redistricting, with other democracy-related measures showing a major divide between pro-voter expansion (same-day registration, rights restoration) and voting restriction (photo ID, citizenship proof). BISC’s role here is to defend the principle that direct democracy is a critical component of democracy itself. We must stay focused on the larger question: how can we ensure that every community has the power and the tools to shape a democracy that truly works for all of us?
A number of legislatively-referred measures on the 2026 ballot reflect a growing trend toward limiting the people’s initiative power, like increasing thresholds to pass measures, adding procedural hurdles like single-subject requirements, and more. While legislatures continue to undermine the will of the people, there is growing backlash from communities across the country against those attacks. There is a continued trend toward strengthening the initiative process and imposing supermajority requirements on legislative interference.
The reproductive rights measures scheduled for 2026 underscore the tension between widespread public support for reproductive freedom and governmental efforts to stifle bodily autonomy. One key example is in Missouri, where the legislature has referred a deceptive measure that would essentially overturn 2024’s voter-approved Amendment 3 with a near-total ban on abortion plus a ban on gender-affirming care for minors. And in Idaho, reproductive health advocates are fighting for a citizen-led initiative to restore reproductive freedom and void the state’s draconian anti-abortion laws.
As of late October, 56 measures have already been certified for the 2026 ballot, while 240 initiative campaigns are circulating petitions, and 137 measures have been filed. At BISC, there is no such thing as an “off year” when it comes to elections. 2025 proves that sentiment, and it is clear that 2026 is already shaping up to be one for the history books. Amid rising authoritarianism, direct democracy is an increasingly vital tool for our liberation, and BISC continues to defend the will of the people in order to strengthen our democracy, center communities, and build, wield, and transform power.
Ballot Measure Progress
Progressive policies are passing at the ballot in Red, Blue, and Purple states such as Florida, Arizona, Missouri, and Ohio. Through the power of direct democracy, the people are transforming power, advancing racial equity, and galvanizing a new progressive base.
Through the power of direct democracy, citizens have passed policies such as:
- Minimum wage increases
- Protecting and expanding reproductive freedoms
- Decriminalization of marijuana
- Paid Family Leave
- Medicaid expansion
- Taxing the wealthy
- Restoration of voting rights
- Reparations
- Transforming public safety
Attacks on the Ballot Measure Process
In 2017, BISC monitored just 33 bills relating to the ballot measure process. Compare that to 2023 legislative sessions in which 165 bills were introduced in 39 states that would impact the ballot initiative process, 76 of which sought to restrict or undermine the process.
As of October 31, BISC has tracked 295 bills across 43 states and Washington D.C. from 2025 legislative seasons related to direct democracy. At least 156 of these have featured some level of attack on the People’s Tool. We continue to monitor 22 active bills across six states and Washington D.C. related to direct democracy (at least nine of which feature some level of attack). 53 bills have already passed in state houses and three others have been vetoed by governors.
What does an attack on direct democracy look like?
Some tactics used by lawmakers who are attempting to weaken the ballot initiative process include:
- Proposing legislation to make the ballot process harder to access
- Bringing forth legal challenges against initiatives that have been already been approved by voters
- Blocking the implementation of ballot measures that have already passed
Why are the attacks happening?
Efforts to undermine and weaken ballot measures have been increasing since the 2016 election in response to progressive wins and people-powered democracy at the ballot box.
In many states, some politicians and wealthy special interests are trying to make it harder for voters to propose and pass ballot initiatives under the cover of so-called “reforms.” These attacks have escalated and have become more nuanced, sophisticated, and would have deeper impacts on the initiative process. These restrictive measures take a variety of forms, but they all serve the same function: to undermine the will of the people and diminish their decision-making power. BISC and our partners are fighting back against these attacks and spearheading the movement to #DefendDirectDemocracy.
As we continue to face rising restrictions on voting rights, reproductive freedoms, and civil liberties, it is more important than ever to protect our freedom to shape the laws that govern us — especially through ballot initiatives. Together, we can fight against the anti-democracy initiatives that threaten our livelihoods and work to build a democracy rooted in equity and justice, where all people are treated with dignity and thrive.
For more information on our analysis or to schedule an interview with one of our policy experts, please email [email protected].