Ballot measure
 |
| Initiated |
| • Initiated constitutional amendment |
| • Initiated state statute |
| • Veto referendum |
| Legislative |
| • Legislative constitutional amendment |
| • Legislative state statute |
| • Legislative bond issue |
| • Advisory question |
| Other |
| • Automatic ballot referral |
| • Commission-referred measure |
| • Convention-referred amendment |
| Select a state from the menu below to learn more about that state's types of ballot measures. |
In the United States, a ballot measure is a law, issue, or question that appears on a statewide or local ballot for voters of that jurisdiction to decide.
Most of the laws governing ballot measures are state laws as there is no federal ballot measure process. This means the process for ballot measures varies depending on the state.
This page provides an overview of the different types of ballot measures in the U.S. The different types of ballot measures can be grouped based on their origins.
- There are citizen-initiated ballot measures, in which people collect signatures to place an issue on the ballot.
- There are legislative ballot measures, in which legislators vote to place a statute or constitutional amendment on the ballot.
While citizen initiatives and legislative referrals are the most common types of ballot measures, there are also automatic ballot referrals, constitutional convention-referred amendments, and commission-referred measures.
Types of ballot measures
Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. The following is a list of different types of state ballot measures:
Citizen-initiated ballot measures
- See also: Ballot initiative
A ballot initiative is a citizen-initiated ballot measure. The ballot initiative process allows citizens to propose statutes or constitutional amendments, depending on the state, and collect signatures to place their proposals on the ballot for voters to decide. Some states have an indirect process in which legislatures have the option to approve the proposals outright.
Other names for ballot initiatives include popular initiatives, citizen initiatives, and citizen referendums.
A citizen-initiated ballot measure can be an initiated state statute, initiated constitutional amendment, or a veto referendum. A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law.
There are 26 states that allow for citizen-initiated ballot measures.
- 18 allow for initiated constitutional amendments.
- 21 allow for initiated state statutes.
- Two — Maryland and New Mexico — allow for veto referendums but not initiated statutes or initiated amendments.
Initiated amendment
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state.
The 18 states that provide for initiated constitutional amendments are:
An initiated constitutional amendment (ICA) can be direct or indirect. Of the 18 states that provide for initiated constitutional amendments, these measures are direct in 16 states and indirect in two states - Massachusetts and Mississippi. While a direct initiative goes to voters, an indirect initiative goes to the state legislature, which can take various actions on the proposal, before voters. You can read more about indirect initiated constitutional amendments here.
Initiated state statute
- See also: Initiated state statute
An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiate state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state.
While a direct initiative goes to voters, an indirect initiated statute first goes to the state legislature, which can select to enact the initiative. You can read more about indirect initiated state statutes here.
The 21 states that provide for initiated state statutes are:
Combined initiated amendment and state statute
A combined initiated constitutional amendment and state statute is a citizen-initiated ballot measure that amends both a state's constitution and state statute. There are at least two (2) states that allow citizens to initiate combined amendments and statutes.
The two states that provide for combined initiated constitutional amendments and state statutes are:
Veto referendum
- See also: Veto referendum
A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. This type of ballot measure is also called statute referendum, popular referendum, people's veto, or citizen's veto. There are 23 states that allow citizens to initiate veto referendums. Proponents of a veto referendum collect petition signatures from a certain minimum number of registered voters in a state.
The 23 states that provide for veto referendums are:
Statute affirmation (Nevada)
- See also: Statute affirmation
A statute affirmation is a citizen-initiated ballot measure that prevents the Legislature from repealing or amending a statute in the future without a direct vote of the electorate. Nevada is the only state with this type of ballot measure. A statute affirmation is akin to a veto referendum being approved, rather than rejected, in Nevada.
Legislative referrals
The legislatures of each state have the power to refer measures to the ballot.
Legislatively referred amendment
A legislatively referred constitutional amendment is a legislative referral that amends a state's constitution.
Legislatures are required to seek voter approval to amend their state constitutions in 49 of 50 states. Delaware is the one state where voter approval is not required for state constitutional amendments.
The legislative rules and procedures for changing state constitutions through a referred ballot measure differ from state to state.
Legislatively referred state statute
- See also: Legislatively referred state statute
A legislatively referred state statute is a legislative referral that amends state statute. This type of ballot measure is also called legislative referendum or referendum bill.
Statutes, also referred to as state codes, are different from constitutional laws, which require voter approval in 49 states. Statutes do not require voter approval in most cases. However, in some states, certain changes require voter approval, such as those that address specific topics or those that amend voter-approved initiated state statutes. Legislatures in most states also have the option to refer a state statute to voters.
Advisory question
- See also: Advisory question
An advisory question is a type of ballot measure that is non-binding, meaning the outcome of the ballot measure has no legal effect on a state's laws. This type of ballot measure is also known as an advisory referendum, advisory vote, or non-binding ballot measure.
There are various reasons for non-binding questions. Their general purpose is to allow government officials to gauge public opinion on certain policies or subjects or to encourage officials to take certain actions.
Commission-referred measures
- See also: Commission-referred ballot measure
A commission-referred ballot measures is a ballot measure that a commission votes to place on the ballot. These ballot measures, depending on the commission's powers, could be constitutional amendments or statutes.
The commissions are not legislatures but have been granted the power to propose ballot measures, either through a prior act of a state legislature or state constitutional language.
As of 2024, two states — Arizona and Florida — have commissions that have the power to refer measures to statewide ballots. In Arizona, the commission can refer statutes related to government salaries. In Florida, the commissions can refer state constitutional amendments.
Automatic ballot referral
- See also: Automatic ballot referral
An automatic ballot referral is a ballot measure established under state law or a state's constitution that must appear on the ballot at certain intervals or under certain circumstances. An automatic ballot referral is considered automatic because these measures appear on the ballot without legislative votes or citizen-initiated signatures drives. This type of ballot measure is also known as an automatic ballot measure or compulsory referral.
The most common type of automatic ballot referral is state constitutional convention questions, which are required to appear on the ballot at certain intervals in some states.
Convention-referred constitutional amendment
A convention-referred constitutional amendment is a constitutional amendment that a state constitutional convention proposes and requires voter approval to become part of a state's constitution.
The last time that voters decided on convention-referred constitutional amendments was in 1986 in Rhode Island. In 1984, voters approved a constitutional convention question, and the convention referred 14 constitutional amendments to the ballot in 1986.
See also
- Forms of direct democracy in the American states
- Legislative referral
- Ballot initiative
- Constitutional amendment
- List of ballot measures by state
Footnotes
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