April Hot Sheet: The Specter of Non-Citizen Voting

04/23/2025

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Welcome back to The Hot Sheet!

Here, we give you a quick rundown of what you need to know about the 2025 ballot measure landscape — the trends, analysis, highlights of what’s on the ballot, and why it all matters. 

For more in-depth analysis, our latest voter attitudes research, and information on the measures we’re tracking, head to our Ballot Measure Hub.

2025 Direct Democracy Legislation Landscape

As of April 11, BISC is tracking 151 active pieces of legislation related to direct democracy in 28 states and Washington D.C. So far, 36 bills had already passed in state houses.

As of April 11, BISC is tracking 151 active pieces of legislation related to direct democracy in 28 states and Washington D.C. So far, 36 bills had already passed in state houses.

There are six confirmed measures on statewide ballots this spring in Louisiana, Ohio, and Wisconsin — all of which are legislatively-referred. One has passed in Wisconsin, while all four of Louisiana’s were rejected. A seventh measure has been placed on the November 4 ballot in Washington. 

BISC is currently tracking 33 measures that are vying for the 2025 ballot and two that have been certified to the Maine legislature.

The Toplines

  • State legislatures are increasingly proposing measures to prohibit non-citizen voting in response to unfounded claims of widespread voting fraud.
  • A legislatively-referred measure on Ohio’s May 6 ballot would renew and increase funding for a program that assists local governments in paying for public infrastructure improvement projects.
  • A legislative challenge to Alaska’s voter-approved Ballot Measure 2 would strip seasonal workers of the right to accrue paid sick leave and expand a small business exemption.
  • A four-year lawsuit concerning so-called “fetal rights” was recently dismissed in Arizona due to the passage of the Prop. 139 abortion rights initiative in November.

Emerging Trends

The Specter of Non-Citizen Voting: While non-citizens have been expressly prohibited from voting in federal elections for over a century (punishable by imprisonment, fines, or deportation), states have historically been permitted to decide for themselves whether to allow them to vote in local or state elections. However, unfounded claims of widespread non-citizen voting fraud have resulted in a slate of proposed (and passed) ballot measures that seek to address this non-issue.

But while the claims may be based in fiction, the potential impacts are very much a reality. A 2024 survey revealed that proving citizenship can be a challenge for 1 in 10 U.S. citizens and worse: more than 3.8 million people don’t have any form of proof of citizenship documentation, whether that be a birth certificate, passport, naturalization certificate or a certificate of citizenship. Additionally the lack of documentation “disproportionately affects marginalized racial and ethnic groups.” As state legislatures look to further limit voting rights, they are both threatening voter accessibility for U.S. citizens and stripping undocumented community members of their ability to weigh in on state and local issues as previously permitted.

Examples of potential legislatively-referred measures regarding citizenship requirements include:

Ballot Measure to Watch

Issue: Fiscal Policy

Ohio Issue 2: Local Public Infrastructure Bond (LR)

What It Does: A legislatively-referred measure with nearly unanimous bipartisan support, Issue 2 would extend the State Capital Improvement Program and increase its annual spending cap from $200 million to $250 million.

Why It Matters: This program provides funding to local governments (e.g. towns, counties, etc) to build or repair critical infrastructure like roads, bridges, water supply, sanitation, and more. Since its inception in 1987 (the program has already been renewed three times in the past), the program has funded nearly 19,000 such projects.

BISC Analysis: The Practicality and Pragmatism of Community Care Ballot Measures: In an increasingly partisan America, word of near-unanimous legislative support for a proposal is all too rare. So, what’s the secret to this measure’s success in the legislature? And what about the measure gives it a fighting chance for success at the ballot box on May 6? The answer lies in a combination of factors. 

To begin with, the program has been in place for nearly 40 years; it’s a known quantity for Ohioans. There are also the predictions that its renewal and expansion could result in an estimated 35,000 construction jobs. But looking at the national landscape — and analyzing ballot measure victories in recent years — there is a third (albeit less quantifiable) factor at play: community care.

While voters may disagree on which candidates they trust most or the priorities of their political parties, they are more likely to agree on practicalities that stand to improve their lives. Take for example the slate of voter-approved measures that have won minimum wage increases and paid sick leave in recent years, or the nearly 69% approval for a Nevada measure to exempt diapers from the sales tax. Or consider the fact that nearly every Medicaid Expansion ballot initiative in the country has passed. Of course, no measure is a sure thing; in November voters in California rejected a public infrastructure-related measure while Massachusetts voters rejected a measure to require tipped workers be paid the full minimum wage.

But at a time when voters feel disenfranchised and disconnected from the debates taking place inside our state capitol buildings or the halls of Congress, direct democracy allows us to directly engage and make a tangible impact in our day-to-day lives — right down to funding repairs for the local roads we drive to work and water treatment for the cities and towns we call home.

Updates to 2024 Ballot Measures

Issue: Economic Justice

    • Alaska Ballot Measure No. 1: Minimum Wage Increase and Paid Sick Leave 
      • Legislative Threat: House Bill 161 proposes stripping seasonal workers of the right to accrue paid sick leave and gives an exemption from that requirement to businesses with fewer than 50 employees. Currently, that exemption is limited to businesses with fewer than 15.
        • This is the first bill we’ve seen that looks to curtail Ballot Measure 1, which is set to take effect on July 1.

Issue: Reproductive Freedom

    • Arizona Prop. 139: Right to Abortion 
      • Legal Victory: A four-year litigation challenging a ‘fetal rights’ law has been dismissed. The parties agreed that the passage of Prop. 139 made the issue moot. 
        • Though the statute hasn’t yet been removed from code, the Arizona attorney general has vowed not to take any action under the law given the voter-approved constitutional right to abortion. 
    • Missouri Amendment 3: Right to Reproductive Freedom 
      • Legislative Threat: The anti-abortion, anti-trans House Joint Resolution 73 was recently passed out of the Missouri House of Representatives and sent to the Senate for consideration. The bill would ask voters to prohibit abortion except in cases of medical emergency, fetal anomaly, rape, or incest. (And in the case of rape or incest, survivors would lose the right after their first trimester). The resolution also bans gender-affirming care for minors and any public funding for abortion care. 
        • Democrats spoke out against the resolution on the House floor, with Minority Leader Rep. Ashley Aune declaring, “This is not Democracy in action. This is authoritarianism in action.”

In Case You Missed It

BISC’s Resource Library: Our Partner Portal Resource Library houses ballot measure information ranging from campaign tools, templates, and past campaign materials (Values, MOUS, RFPs, etc.) —  to campaign debriefs and memos highlighting best practices. This library is a unique resource that can help campaigns and organizations build strategies and operationalize racial equity. To request access to the library, please email [email protected]