February 2026 Hot Sheet: Direct Democracy is at a Crossroads in 2026
By: Hillary-Anne Crosby, Senior Manager of Public Policy Communications & Jennifer Parrish Taylor, Director of Policy & Legal Advocacy
Welcome back to The Hot Sheet!
Here, we give you a quick rundown of what you need to know about the ballot measure landscape — the trends, legislative 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.
The Toplines
- BISC is tracking 64 measures qualified for 2026 ballots as of February 12.
- Frustrated by the success of progressive people-powered ballot initiatives, some lawmakers are responding with legislatively-referred measures to repeal voter-approved policies.
- This April, Virginia voters will decide on a ballot question to allow for temporary, emergency redistricting ahead of the November midterm election. As with California’s Prop. 50, this measure leaves it to voters to decide the trajectory of fair representation in America.
- In 2026, defending direct democracy will require early intervention, attention to rule changes as much as policy outcomes, and sustained focus on implementation and enforcement.
2026 Qualified Ballot Measures
As of February 12, BISC is tracking 64 measures qualified for 2026 ballots. 213 initiative campaigns are circulating petitions while 106 additional measures have been filed.
Emerging Trend
Weaponizing Legislatively-Referred Measures Against Voter-Approved Ballot Initiatives
Frustrated by voters approving progressive people-powered ballot initiatives, some lawmakers have responded by attacking the initiative process, by passing laws to weaken approved policies — and increasingly by sending proposed repeals to the ballot. In other words, they can’t win fairly so they’re either rewriting the rules or demanding a rematch.
Unsurprisingly, the framing of these legislatively-referred measures is often misleading. Take for example this November’s Amendment 3: a Missouri court had to rewrite the ballot language in order to clarify that legislators’ proposal to overturn a 2024 reproductive rights initiative would, in fact, do exactly that. Or in South Dakota, where a legislator claims they’re not subverting the will of the people but merely asking voters to “clarify” their stance on the 2022 Medicaid expansion initiative that they passed at 56%.
But even amid these legislative attempts to undermine voters, citizen-led initiative efforts continue to move forward. This spring, campaigns continue to collect signatures for a number of proactive initiatives including a reproductive rights initiative in Idaho, a 2028 Medicaid expansion initiative in Florida, and two direct democracy initiatives in Arkansas (by Protect Arkansas Rights and by Save AR Democracy), one in Missouri, and another in Nebraska. Ballot initiatives deliver life-changing policies for communities and advocates aren’t backing down in the face of legislative challenges.
2026 Ballot Measure to Watch
Issue: Democracy
Virginia: Allow Mid-Decade Congressional Redistricting (LR)
What It Does: Placed on the April 21 primary ballot, the amendment would allow the Virginia General Assembly to temporarily adopt new congressional districts ahead of the November 2026 midterm elections. The amendment is temporary; Virginia’s existing bipartisan redistricting process would automatically resume after the 2030 census.
Why It Matters: The measure is designed to favor Democratic candidates in four districts in order to level the national playing field in response to the Trump administration urging red states to secure a GOP-majority in Congress. Supporters like Virginians for Fair Elections stress that with states like Florida, Texas, and North Carolina redrawing their congressional maps without voter approval in order to favor Republican candidates, states like Virginia risk having their voices diminished if they don’t respond in-kind.
BISC ANALYSIS: Amid Attempts to Rig the System, Redistricting Ballot Measures Can Be a Tool for Defending American Democracy: Recent gerrymandering schemes in Texas and Missouri have prompted states like California and now Virginia to pursue their own redistricting. But what might seem like tit-for-tat responses are set apart by one key factor: the ballot measure process. A ballot question grants Virginia voters the final say over a new congressional map, as opposed to legislation in Texas that effectively silences voters’ voices.
It’s a critical distinction when facing righteous concerns over mid-decade redistricting specifically designed to tilt the odds in favor of one party or another. But in using direct democracy to propose these temporary maps, the power to decide the fate of fair representation in America sits exactly where it belongs: with the voters.
And whether it’s a question of redistricting, voter ID mandates, or even U.S. citizenship requirements, BISC remains equally 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?
2026 Outlook: Direct Democracy at a Crossroads
The 2025 landscape marked a turning point for direct democracy in the United States. Across the year, BISC’s analysis documented a clear shift: attacks on ballot initiatives are no longer isolated, reactive, or limited to election cycles. They are increasingly systematic, institutionalized, and forward-looking — designed not just to block individual measures, but to permanently constrain the People’s Tool itself. As we enter 2026, these patterns point to a more coordinated and consequential phase of democratic contestation.
The most consistent trend of 2025 was the migration of conflict after voter approval. Nebraska’s delayed and restricted medical cannabis rollout, Missouri’s continued legal resistance to voter-approved reproductive rights, and repeated post-election litigation across states show that implementation has become the preferred terrain for neutralizing voter power.
In 2026, implementation fights will continue to intensify. Likely tactics include emergency or interim rulemaking that narrows voter mandates, strategic appointments to implementing bodies, serial lawsuits designed to delay benefits beyond election cycles, and legislative efforts to condition, sunset, or retroactively weaken voter-approved laws. These moves preserve the appearance of democratic compliance while denying voters the substance of their decisions.
Courts emerged in 2025 as central arbiters of direct democracy — and increasingly as targets. Judges who enforced voter-approved reforms faced political backlash, threats of impeachment, and public intimidation. Attorneys general and secretaries of state relied more heavily on preemptive and serial litigation to control outcomes through process rather than persuasion. In 2026, courts will remain pivotal. We should expect more efforts to delegitimize judicial enforcement as “anti-democratic,” even as courts serve as one of the last institutional checks on post-election sabotage.
If 2025 was the year these trends became unmistakable, 2026 will be the year they either consolidate or are interrupted. Direct democracy is being targeted not because it fails, but because it works — particularly for communities shut out of legislative power. The outlook for 2026 is clear: defending direct democracy will require early intervention, attention to rule changes as much as policy outcomes, and sustained focus on implementation and enforcement. The stakes are not confined to a single election cycle. They extend to whether popular sovereignty remains a living principle — or becomes a procedural illusion.
In Case You Missed It
I Believe in Us: From Radical Understanding to Radical Transformation: Executive Director Chris Melody Fields Figueredo has authored a new thought piece now live on the BISC blog.
As she says in her piece, “It is their intent to make us so afraid and numb that we cannot dream beyond these times. But we must. Radical transformation is not only possible, it is necessary for all of us to be free. We can. We will. I believe in us. Always.”
You can read the full piece or listen to Chris’ narrated audio version here!
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]