September 2026 Hot Sheet: Anti-Trans Measures Threaten to Divide and Distract
By: Hillary-Anne Crosby, Senior Manager of Public Policy Communications
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
- As of September 14, the November 2026 ballot will include 145 measures across the country.
- Courts are increasingly ruling in favor of ballot integrity and against bad faith efforts to craft intentionally misleading ballot measure language.
- Anti-trans sports bans in Arizona, Colorado, Nebraska, and Washington are being pushed to divide communities and distract voters from the issues they care about most.
- BISC’s Direct Democracy Diaries podcast, a 2026 Webby Awards honoree, has returned for its second season!
- BISC’s latest research found that the vast majority of voters overwhelmingly support requiring legislatures to support the will of the people on ballot measures.
November 2026 Qualified Ballot Measures
As of September 14, BISC is tracking 145 measures certified for the November 2026 ballot.
As of September 4, BISC continues to monitor 210 bills related to direct democracy filed around the country. Of these, at least 77 feature some level of attack on the People’s Tool.
Developing Trend
Courts Tossing Biased, Misleading Ballot Language
In preparing for this year’s election, lawmakers and special interests across the country opted to engage in the (dis)honorable tradition of crafting ballot language and voter pamphlet summaries designed to mislead voters. For some ballot measures, that looks like trying to mask ill intent, while implying ill intent in others. The good news: courts are onto these games and increasingly rejecting efforts to obfuscate impacts and mislead voters.
For detailed examples, visit BISC’s Trends Watcher page in our Ballot Hub!
Voters deserve to know the truth about the ballot measures they’re deciding and to be able to take ballot language at face value. And critically, research has shown that voters are more likely to reject or skip a measure when they feel unsure about its intent or impacts. Hopefully this trend of courts choosing to side with ballot integrity continues to develop as conflicting efforts to mislead voters about election security and discourage civic engagement continue to pick up steam.
Ballot Measures to Watch
Issue: Civil Rights
Arizona Prop. 318: Trans Student Exclusion from Schools Sports and Facilities (LR):
What It Does: Bars trans students from joining sports teams that best align with their gender identity. Restricts bathrooms and locker rooms based on sex assigned at birth.
Colorado Prop. 134: Trans Student Exclusion from School Sports (CI)
What It Does: Forces all school sports programs to restrict student participation based on sex assigned at birth. It also prohibits organizations from filing complaints, opening investigations, or assigning consequences to schools who follow this rule.
Nebraska #442: Sex Requirement for School and College Sports (CI)
What It Does: Restricts K-12, collegiate, and intramural teams designated “female” to athletes assigned female at birth.
Washington IL26-638: Trans Student Exclusion from School Sports (CI)
What It Does: Forces all school sports programs to restrict student participation based on sex assigned at birth. It also prohibits organizations from filing complaints, opening investigations, or assigning consequences to schools who follow this rule.
BISC ANALYSIS: Anti-Trans Measures Are Being Used to Divide and Distract: With Election Day fast approaching, polls are revealing that voters’ top concerns include issues like the rising cost of living, barriers to healthcare access, and the job market. Conspicuously absent from that list: restrictions on high school athletes. In fact, a June poll by the National Women’s Law Center found that voters ranked trans student participation in sports last on a list of 19 priority issues. And according to BISC research, voters broadly support treating trans and nonbinary students with dignity and respect.
So then why do these proposed bans on trans athletes make up four of the seven anti-trans measures appearing on statewide ballots this November? Because these initiatives are being pushed by groups who want to control and suppress, not solve a problem or fulfill a need. Ballot initiatives have proven critical in creating people-centered policies, but these anti-trans attacks don’t offer opportunity or support — they target vulnerable groups. These anti-trans attacks will ultimately prove to be a losing agenda, but in the meantime they threaten to divide our communities and enable the extremist lawmakers who choose to focus on manufacturing culture wars instead of addressing real voter concerns.
In Case You Missed It
BISC’s ‘Direct Democracy Diaries’ Podcast: Direct Democracy Diaries is dedicated to exploring the powerful world of ballot measures — from the people and organizations behind them to the everything that goes into a campaign from launch until implementation that lead to transformative victories. Our co-hosts Chris Melody Fields Figueredo and Caroline Sánchez-Avakian sit down with activists, organizers, and people like you who have harnessed their power and used direct democracy to create profound change for their communities. Watch episodes at ballot.org/podcast and listen wherever you get your podcasts!
New BISC Research: Defending Democracy: BISC’s latest research focuses on voter attitudes about the state of American democracy, including defending direct democracy, money in politics, and voter fraud. One example of noteworthy findings: an impressive 71% of voters polled support requiring legislatures to respect voter-approved ballot measures. Learn more in our Ballot Hub!
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]