WHAT YOU NEED TO KNOW ABOUT THE BALLOT MEASURE LANDSCAPE RIGHT NOW
On the Ballot in 2024
As of October 21, 2024, there are a total of 151 measures remaining on statewide and Washington D.C. ballots in 2024. Among these, 77 are legislatively-referred, 57 are citizen-initiated, 13 are bond issues, 3 are advisory questions, and 1 is a constitutional convention question.
While 147 of these will be placed on the November 5, 2024 ballot, four other LRCAs are on Louisiana’s December 7, 2024 Open General/Congressional election.
Two measures appeared on California and Alabama’s March 5 primary ballots, two on Wisconsin’s April 2 spring general election ballot, and one measure on North Dakota’s June 11 primary ballot — of which all but Alabama’s passed. Missouri voters passed one legislatively-referred constitutional amendment in an August 6 primary election and rejected one other. Finally, two additional proposed fiscal policies were rejected by Wisconsin voters in the state’s August 13 primary.
Measures Qualified by Issue Area
- Civil Rights: 8
- Criminal Legal Reform: 14
- Democracy: Elections, Government, and Judiciary: 39
- Direct Democracy: 4
- Economic Justice: 9
- Education: 13
- Environment: 5
- Fiscal Policy: 31
- Healthcare: 8
- Reproductive Freedom: 11
- Miscellaneous: 9
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.
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
Anti-Direct Democracy Measures on Ballot 2024:
- Arizona: Prop 134: Distribution Requirement for Initiatives Amendment [OPPOSE]: Requires signatures from 10% of qualified voters in each legislative district to qualify initiated state statutes for the ballot and would require signatures from 15% of qualified voters in each legislative district to qualify initiated constitutional amendments for the ballot.
- Arizona: Prop. 136: Legal Challenges to Constitutionality of Initiatives [OPPOSE]: Allows any person to contest the constitutionality of an initiative measure or amendment in superior court after it has been filed and prohibits the Secretary of State (SOS) from certifying or printing an amendment or measure that is found unconstitutional by a court of competent jurisdiction.
- North Dakota: Constitutional Measure 2: Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice [OPPOSE]: Requires a single-subject for initiatives and requires proposed constitutional initiatives to appear on the ballot and be approved at the primary and general election to become effective.
- Utah Amendment D: Legislative Alteration of Ballot Initiatives and Foreign Contributions Ban [OPPOSED]: Grants Utah legislature the right to repeal laws that have been passed, adopted, or even rejected by voters.
- Note: While Amendment D will appear on Utah’s November 5 ballot, a district court judge has ruled the LRCA void and votes on the measure will not be counted. The Utah Supreme Court has upheld that decision following an appeal by legislative leadership.
Anti-Direct Democracy Policies Affecting Ballot Measures:
1. Ohio [OPPOSED] House Bill 1 was passed during a special session of the Ohio legislature following a series of rushed committee hearings, only one of which was open for any public input from Ohioans. The bill significantly increases the power of the state attorney general to launch investigations into allegations raised of foreign money coming into ballot campaigns. The attorney general is now granted sole prosecutorial authority over such matters, shifting that authority away from the bipartisan Ohio Elections Commission. The bill comes on the heels of 2023’s successful passage of the Issue 1 reproductive rights ballot measure, a significant win that anti-abortion lawmakers would rather attribute to foreign campaign contributions than believe respects the will of the people.
2. Idaho [OPPOSED]: Signed into law by Idaho Gov. Little, Senate Bill 1377 targets paid petition circulators, requiring that they verbally disclose to signers that they are paid, wear a badge indicating “paid petition circulator”, and more. Unpaid circulators are required to complete a sworn affidavit attesting that they are not being compensated. There will be harsh consequences for failure to comply with any of the provisions, including that any petition for a referendum campaign that fails to comply with the rules be voided.
3. Oklahoma [OPPOSED]: House Bill 1105, signed into law by Oklahoma Gov. Kevin Stitt, extends the period to legally challenge petition signatures from 10 to 90 days, burdening citizen initiative efforts with uncertainty and delaying efforts. Because this policy took immediate effect on May 31, 2024, it led to the vote on a popular minimum wage increase measure being delayed to June 2026.
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.
Reproductive Freedom Ballot Measures: What’s in Store for 2024
Eleven reproductive freedom-related measures have qualified for the November 5 ballot in 10 states: Arizona, Colorado, Florida, Illinois, Maryland, Missouri, Montana, Nebraska, Nevada, South Dakota, and New York. That includes a single anti-abortion countermeasure in Nebraska that has qualified for the ballot.
Reproductive Freedom Initiatives on the Ballot in 2024:
- Arizona Proposition 139: This amendment, sponsored by Arizona for Abortion Access, would allow for abortion care up until the point of fetal viability, somewhere between 24 and 26 weeks. Abortion is currently banned at 15 weeks in the state. Coalition members submitted more than 820,000 petition signatures — more than double the number of signatures required!
- Colorado Amendment 79: Coloradans for Protecting Reproductive Freedom submitted approximately 240,000 signatures in support of their petition for a ballot measure to enshrine abortion rights into the state constitution — over 100,000 more signatures than required and possibly a statewide record. The measure would also allow abortion to be a covered service under health insurance plans for Medicaid recipients, Colorado state and local government employees, and other enrollees in state and local governmental insurance programs. Because it amends the state constitution, Amendment 79 will need at least 55% of the vote in order to pass.
- Florida Amendment 4: Floridians Protecting Freedom (FPF) is leading the statewide Yes on 4 campaign of allied organizations and concerned citizens working protect the right to abortion up until the point of viability, or when necessary to protect the patient’s health. The fate of Amendment 4 is especially important due to the state’s new six-week abortion ban. Florida has the highest threshold in the country for ballot measures to pass: Amendment 4 needs to win at least 60% of the vote this November in order to succeed.
- Illinois Advisory Question 1: Rather than traditional ballot initiatives, Illinois instead looks to non-binding advisory questions that can serve to inform voters’ support for future policy. During the 2024 legislative session, legislators referred to the November ballot the following question: Should all medically appropriate assisted reproductive treatments, including, but not limited to, in vitro fertilization, be covered by any health insurance plan in Illinois that provides coverage for pregnancy benefits, without limitation on the number of treatments?
- Maryland Right to Reproductive Freedom Initiative: The Right to Reproductive Freedom Initiative is a legislatively-referred measure that would add the right to an abortion to the Declaration of Rights section in the state constitution, asserting that every individual “has the fundamental right to reproductive freedom.”
- Missouri Amendment 3: Missourians for Constitutional Freedom‘s measure would prevent the government from denying or interfering with a person’s fundamental right to reproductive freedom up until the point of fetal viability. The coalition ultimately submitted over 380,000 signatures — more than twice the required number! And in early April, Missourians for Constitutional Freedom made state history when they collected more than 19,000 signatures in a single day. Success of the amendment is critical, as abortion has been banned in Missouri with very limited exceptions since the Dobbs decision in 2022.
- Montana CI-128: Montanans Securing Reproductive Rights are advocating for a ballot measure that would affirm in the state constitution the right to make decisions about one’s own pregnancy, including the right to abortion, up to the point of viability. While the state’s constitutional Right of Privacy has protected abortion access in previous legal battles, there is increasing concern that a potential shift in the state’s elected supreme court could overturn those decisions. The campaign reportedly submitted a record-breaking 117,000 signatures — nearly double the requirement.
- Nebraska Initiative 439: Protect Our Rights has proposed a ballot measure that would constitutionally protect abortion until fetal viability, or to save the pregnant person’s life or health. The campaign turned in roughly 207,000 signatures — the most in state history! Abortion is currently only legal in the state through the first trimester, with limited exceptions after 12 weeks for rape, incest, and to protect the life of the patient.
- Unfortunately, Nebraska has an anti-abortion countermeasure (Initiative 434) that has also qualified for the November ballot. It aims to enshrine the existing 12-week abortion ban in the state constitution, with those same few exceptions, but it also leaves room for the state legislature to enact additional limitations up to and including a total ban. The campaign has used branding similar to Protect Our Rights in order to confuse voters and more than 300 of its petition signers have filed affidavits requesting that their names be removed after being misled by the campaign.
- State law dictates that if both initiatives pass, then the measure that earns the most votes will supersede the other on all points of conflict — but will not erase it entirely. As such, Nebraskans will need to vote FOR Initiative 439 and AGAINST Initiative 434 in order to protect abortion rights in their state.
- A second anti-abortion initiative campaign that sought to grant rights to a fetus equal to that of a person (and include zero exceptions for rape, incest, or medical emergencies) failed to gather enough support to continue their attempt.
- Unfortunately, Nebraska has an anti-abortion countermeasure (Initiative 434) that has also qualified for the November ballot. It aims to enshrine the existing 12-week abortion ban in the state constitution, with those same few exceptions, but it also leaves room for the state legislature to enact additional limitations up to and including a total ban. The campaign has used branding similar to Protect Our Rights in order to confuse voters and more than 300 of its petition signers have filed affidavits requesting that their names be removed after being misled by the campaign.
- Nevada Question 6: The Nevadans for Reproductive Freedom coalition is backing a ballot initiative that would amend the state constitution to include abortion before fetal viability as a fundamental right, adding a layer of protection for reproductive rights in the state. The campaign submitted more than 200,000 petition signatures — nearly double the 102,000 required!
- New York Proposal 1: This legislatively-referred initiative would protect abortion rights as part of an expanded Equal Rights Amendment that will appear on the ballot in November. Specifically on abortion, the measure protects against discrimination for pregnancy and pregnancy outcomes and would protect against government action that could limit reproductive care.
- South Dakota Constitutional Amendment G: Advocacy group Dakotans for Health submitted more than 55,000 signatures for an initiative that would make abortions legal in the first trimester but allow the state to regulate abortion in the second and third trimesters. Abortion is currently banned at all points of pregnancy in South Dakota, with limited exceptions.
- While the South Dakota Secretary of State validated the measure for the November election, opponents of abortion have accused the campaign of violating signature-gathering laws and are suing to have the ballot measure voided. The court hearing will not take place until early December, meaning that even if the measure is victorious on Election Day it could be overturned soon after.
Reproductive Freedom Initiatives That Will Not Appear on the 2024 Ballot:
- Arkansas [denied petition validation]: Arkansans for Limited Government submitted more than 100,000 petition signatures to get The Arkansas Abortion Amendment on the ballot. However, Secretary of State John Thurston refused to begin the signature validation process, claiming that the group didn’t submit statements required regarding paid signature gatherers. The campaign filed a lawsuit to ask the Arkansas state supreme court to order Sec. Thurston to count the signatures. However, in a 4-3 ruling the court sided with Sec. Thurston‘s decision to reject the measure. In her dissenting opinion, Justice Karen R. Baker asked, “Why are the respondents and the majority determined to keep this particular vote from the people? The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court.”
- Abortion is currently banned in Arkansas and while there is a exception included to protect the life of the patient, it is so narrow that there were zero permitted abortions in Arkansas in 2023.
- Had the amendment succeeded, it would have prohibited the state from restricting access to abortion up to 18 weeks after fertilization or in the instance of rape or incest, fatal fetal anomaly, or when abortion is needed to protect the pregnant woman’s life or physical health.
Economic Justice on the 2024 Ballot
Economic justice advocates continue to rely on ballot initiatives to advocate for workers’ ability to thrive in every aspect of their working lives, from fair wages to meaningful benefits and critical workplace protections.
Economic Justice Initiatives on the Ballot in 2024:
- Alaska Ballot Measure No. 1: Minimum Labor Standards Initiative [SUPPORT]: Better Jobs for Alaska has qualified for an initiative that would gradually raise the state’s minimum wage to $15/hour by July 1, 2027 — and allow the wage to be annually adjusted for inflation thereafter. The measure would also ensure that employees could accrue up to 40 or 56 hours of annual paid sick leave, depending on whether their employer has fewer than 15 employees versus 15 or more.
- Arizona Proposition 138 [OPPOSE]: This legislatively-referred constitutional amendment would allow tipped workers to be paid 25% less per hour than the minimum wage, provided their total tips plus wages are not less than the minimum wage plus $2 for all hours worked. In an unsuccessful attempt to block the measure from the ballot, Raise the Wage AZ claimed the LRCA was deceptive because its “Protect Tipped Workers” title belies the fact that it lowers wages for tipped workers.
- California Proposition 32: California Living Wage Act [SUPPORT]: The California Living Wage Act would increase California’s minimum wage to $18 by 2025 or 2026, depending on the size of the company. Thereafter, the measure provides that the minimum wage increases based on changes in the U.S. Consumer Price Index.
- California Proposition 33: Justice for Renters Act [SUPPORT]: The initiative aims to expand local governments’ authority to enact rent control by overturning 1995’s Costa-Hawkins Rental Housing Act, which currently bars rent control on certain properties and sets restrictions on initial rental rates. Repealing this act would empower local governments to impose rent controls on all types of housing, including for new tenants, and activate dormant local laws affected by Costa-Hawkins.
- Massachusetts Question 3 [SUPPORT]: Supported by New England United for Justice, this measure guarantees Uber, Lyft and other transportation network drivers the right to unionize—allowing them to negotiate the terms and conditions of their work.
- Massachusetts Question 5 [SUPPORT]: One Fair Wage Plus Tips MA is advocating for this initiative to require by 2029 that tipped workers be paid equal to the state’s minimum wage, in addition to tips earned. The current minimum wage for tipped workers in MA is $6.75 an hour, and $15 an hour for non-tipped employees.
- Missouri Proposition A [SUPPORT]: Missourians for Healthy Families and Fair Wages has qualified their measure to gradually increase the minimum wage to $15.00/hour and adjust thereafter based on changes in the Consumer Price Index each January beginning in 2027. Additionally, the initiative requires employers to provide one hour of paid sick leave for every 30 hours worked.
- Nebraska Paid Sick Leave for Nebraskans [SUPPORT]: This measure, sponsored by Nebraskans for Paid Sick Leave, requires employers to provide one hour of paid sick leave for every 30 hours worked. Workers at a job with fewer than 20 employees could earn up to five days of paid sick leave per year. Those at jobs with more than 20 employees could get seven.
- Oregon Initiative Petition 35 [SUPPORT]: Supported by United Food and Commercial Workers Local 555, this measure would require that cannabis businesses submit to the Oregon Liquor and Cannabis Commission a signed labor peace agreement between the business and a labor organization with its licensure or renewal application.
Economic Justice Initiatives That May Appear on a 2024 Ballot:
- Oklahoma State Question 832: Raise the Wage Oklahoma has successfully qualified their citizen-initiated measure to gradually increase the minimum wage to reach $9 an hour by 2025, and then to increase it by $1.50 annually until it reaches $15 an hour by 2029. Unfortunately, due to a new law allowing for an extended window for legal challenges, there was not sufficient time for the measure to be added to the November 2024 General Election ballot. Voters will need to wait until the June 2026 primary election to weigh in on gradually raising the state’s minimum wage.
For more information on our analysis or to schedule an interview with one of our policy experts, please contact our Strategic Communications Director, Caroline Sanchez Avakian at [email protected]