The Hot Sheet

WHAT YOU NEED TO KNOW ABOUT THE BALLOT MEASURE LANDSCAPE RIGHT NOW

On the Ballot in 2024:

As of June 27, there are 133 measures that have qualified for the 2024 ballot. Of those measures, 82 are legislatively-referred, 36 are citizen-initiated, 11 are bond issues, 3 are advisory questions, and 1 is a constitutional convention question. 

While 124 of these will be placed on the November 5, 2024 ballot, two measures already appeared on California and Alabama’s March 5 primary ballots, two on Wisconsin’s April 2 spring general election ballot, one measure on North Dakota’s June 11 primary ballot — of which all but Alabama’s passed, and two more will appear on Wisconsin’s August 13 fall primary ballot.

As of June 27, there are 150 measures cleared for circulation (Please note that some measures have multiple versions circulating), and 11 measures have submitted signatures.

Measures Qualified by Issue Area:

  • Civil Rights: 8
  • Criminal Legal Reform: 10
  • Direct Democracy: 4
  • Education: 8
  • Elections, Government, and Judiciary: 30
  • Environment: 2
  • Fiscal Policy: 38
  • Healthcare: 7
  • Labor: 17
  • Reproductive Rights: 5
  • Miscellaneous: 4

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 seeking to restrict or alter the ballot measure process. Compare that to 2023 legislative sessions in which 139 bills were introduced in 35 states that would impact the ballot initiative process, 58 of which sought to restrict or undermine the process. While most state legislatures have adjourned sine die for the season, BISC continues to track 11 active bills across California, Michigan, Ohio, and Pennsylvania that could alter the citizen initiative 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: 

1. Arizona [OPPOSE]: The Arizona legislature referred a constitutional amendment to the November 5, 2024 ballot that would require signatures from 10% of qualified electors from every legislative district in order to qualify a state statute initiative for the ballot. For constitutional amendments, that requirement would be 15%. Advocacy groups like Arizona for Abortion Access, who are leading the state’s 2024 reproductive freedom initiative, argue that the measure would disproportionately disadvantage marginalized communities and make it nearly impossible for grassroots groups to put an initiative on the ballot.

2. North Dakota [OPPOSE]: North Dakota’s legislature is proposing Constitutional Measure 2 to require initiatives only address a single subject, to raise the signature requirement for petitions, and to require that proposed constitutional initiatives to appear on the ballot and be approved at the primary and general election in order to become effective. While the single-subject proposal may seem sensible, it could lead to an ever-narrowing scope for measures. For example, a measure to protect reproductive rights including contraception, IVF, and abortion could be ruled as violating the single-subject rule. Also, mounting a campaign that can take on both a primary and general election would require considerably more funds, staff, and volunteers.

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, a proposed ballot initiative seeking to increase minimum wage is now threatened. The campaign has until July 14 to file the 92,263 required signatures, meaning that opponents would have until mid-October to mount a legal challenge against the petition and making it all but impossible for the initiative to qualify in time for November 2024 ballots to be printed.

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

As of July 5, there are efforts underway to put constitutional amendments regarding abortion on the 2024 ballot in as many as 12 states: Arizona, Arkansas, Colorado, Florida, Illinois, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota.

On Ballot 2024:

  • Colorado Initiative 89: Right to Abortion and Health Insurance Coverage: 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 the required 124,238 required and possibly a statewide record. The measure would also allow abortion to be a covered service under health insurance plans for Colorado state and local government employees and for enrollees in state and local governmental insurance programs.
  • Florida Amendment 4: Limiting Government Interference in Abortion: Floridians Protecting Freedom (FPF) is leading the statewide Yes on 4 campaign of allied organizations and concerned citizens working together to protect Floridians’ access to abortion as reproductive health care and defend the right to bodily autonomy. On April 1, 2024, the Florida Supreme Court ruled 4-3 to give the green light for Amendment 4 to appear on the November ballot. The fate of Amendment 4 is especially important because that same day the court ruled 6-1 that Florida’s 15-week abortion ban doesn’t violate their state constitution; this ruling also clears the ruling for a new 6-week ban to take effect.
  • Illinois Assisted Reproductive Health Referendum Act Advisory Question: 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 legislative-backed measure that would add the right to an abortion to the Declaration of Rights section in the state constitution, adding that every individual “has the fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.”
  • Nevada Reproductive Rights Amendment: A coalition of abortion rights advocates called Nevadans for Reproductive Freedom are 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 Equal Rights Amendment: 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. Following a legal challenge that briefly removed the measure from the ballot due to a procedural error, the Appellate Division, Fourth Judicial Department unanimously ruled to place the Equal Rights Amendment back on the November 2024 ballot.
  • South Dakota Right to Abortion: 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 accused the campaign of violating signature-gathering laws and unsuccessfully sued to remove the measure from the ballot and to bar the group from engaging in signature collection for four years.

Reproductive Freedom Campaigns Underway that Could Appear on the 2024 Ballot:

  • Arizona [awaiting petition validation]: Arizona for Abortion Access, a coalition of pro-choice groups including the ACLU of Arizona, Healthcare Rising Arizona, Planned Parenthood Advocates of Arizona, and more, has submitted signed petitions to put a constitutional amendment affirming the right to abortion on the November 2024 ballot. The amendment 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. Coalition members submitted more than 820,000 petition signatures — more than double the number of signatures required! The campaign is suing a GOP-led legislative committee to replace biased, medically-inaccurate language they have included in a voter pamphlet summary of the measure.
  • Arkansas [awaiting petition validation]: Arkansans for Limited Government have submitted more than 100,000 petition signatures to get The Arkansas Abortion Amendment on the ballot. However, Secretary of State John Thurston has so far refused to begin the signature validation process, claiming that the group didn’t submit statements required regarding paid signature gatherers. The campaign has filed a lawsuit to ask the Arkansas state supreme court to order Sec. Thurston to count the signatures. Should the measure succeed in being placed on the ballot and passed by voters, the amendment would prevent 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.  
  • Missouri [awaiting petition validation]: 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 history when they collected more than 19,000 signatures in a single day.
  • Montana [awaiting petition validation]: 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. The campaign reportedly submitted a record-breaking 117,000 signatures — nearly double the requirement. After facing challenges from the State Attorney General and Secretary of State earlier this spring, the campaign had to once again take the Secretary of State to court. After Sec. Jacobsen instructed county clerks in late June to disregard signatures from “inactive” registered voters, a district court judge has ordered that she could not change legal interpretation of the signature requirements mid-qualification phase and without any notice.
  • Nebraska [awaiting petition validation]: Protect Our Rights has proposed a ballot measure that would constitutionally protect abortion “until fetal viability”—usually around 24 to 26 weeks—or to save the pregnant person’s life or health. The campaign turned in roughly 207,000 signatures — the most in state history! Unfortunately, Nebraska has an anti-abortion counter measure (the ‘Protect Women and Children’ initiative) that is also seeking to qualify for the November ballot and is using branding similar to Protect Our Rights in order to confuse voters. That campaign submitted approximately 205,000 signatures of their own. But a third ballot initiative campaign that sought to grant rights to a fetus equal to that of a person (and include no exceptions for rape, incest, or medical emergencies) failed to gather enough support to continue their attempt.

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]