In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start a popular initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.
First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.
Proposition 209 is a California ballot proposition which, upon approval in November 1996, amended the state constitution to prohibit state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Modeled on the Civil Rights Act of 1964, the California Civil Rights Initiative was authored by two California academics, Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed, thereby banning affirmative action in the state's public sector.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
Arizona Proposition 102 was an amendment to the constitution of the U.S. state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.
California Proposition 59 is a non-binding advisory question that appeared on the 2016 California November general election ballot. It asked voters if they wanted California to work towards overturning the Citizens United U.S. Supreme Court ruling.
Cal 3 was a proposal to split the U.S. state of California into three states. It was launched in August 2017 by Silicon Valley venture capitalist Tim Draper, who led the effort to have it originally qualify on the November 2018 state ballot as Proposition 9, officially the Division of California into Three States initiative. Proponents of the proposal argued that dividing California into three states would provide fairer and more responsive governance for large regions outside of California’s major cities. In July 2018, the Supreme Court of California pulled it from the ballot for further state constitutional review. Draper officially stopped pushing for the measure soon after. On 12 September 2018, the court permanently removed the measure from all future ballots.
The Fairness Project is a United States 501(c)(4) charitable organization created in October 2015. They promote general economic and social justice throughout the US by the use of ballot measures to circumvent deadlocks in law changes by the legislative and executive branches of government. They act as a national body by supporting state organizations and campaigns with targeted funding rather than by direct campaigning. They support the gathering of signatures to meet the variable requirements to trigger ballots in states and then aid the campaigns with early financial backing, strategic advice, and various campaign tools.
Proposition 1, titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10), was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote, the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives, making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.
2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.
The following is a list of ballot measures which were on the ballot for the 2022 United States elections. Some were held prior to the federal elections on November 8. Many were initiated by state legislatures, while others were initiated by public petitions. In all, there were 141 ballot measures on ballots across most U.S. states and the District of Columbia at any point throughout the year.
As 2023 coincides neither with the calendar for regular federal elections nor with most elections for state offices, most 2023 ballot measures either coincided with municipal or judicial elections or were held on separate dates as the sole questions on the ballot. With 47 ballot measures sent to the statewide ballot in multiple states, 2023 had the highest number of statewide ballot measures approved for the ballot in an odd-year election since 2007, when 45 measures were certified for statewide ballots. Ballot measures were also held at the local and tribal level.
A total of 124 ballot measures were placed on statewide ballots in 2020 across the United States:
2024 Nevada Question 6 is a proposed constitutional amendment for the state of Nevada in the United States, that would protect the right to an abortion until fetal viability, which is generally considered about 23 or 24 weeks, or when necessary to protect the life or health of the pregnant patient. The Question initially appeared on the November 5th, 2024, ballot in Nevada. The ballot measure was approved with 64.4% of the votes. As Question 6 was approved in 2024, a second vote will be held on November 3, 2026.