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.
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.
Utah Constitutional Amendment 3 was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states.
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.
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
Question 2 of 2000 and 2002 is a ballot measure that amended the Nevada Constitution by adding a definition of marriage that prevented same-sex marriages from being conducted or recognized in Nevada. The amendment was passed by voter referendum by a margin of 67%-33% on November 5, 2002. It was previously approved by 69.6% to 30.4% of voters in 2000; the Nevada Constitution requires two ballot votes for citizen-initiated constitutional amendments.
Proposition 1F of 2009 was a measure approved by California voters relating to the salaries of state officers. It was an amendment of the Constitution of California prohibiting pay raises for members of the State Legislature, the Governor, and other state officials during deficit years. It was proposed by the legislature and approved in a referendum held as part of the May 19, 2009 special election ballot, in which the California electorate also voted on five other propositions.
Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against enforcement of Nevada's same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada approved in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.
The Illinois Fair Tax was a proposed amendment to the Illinois state constitution that would have effectively changed the state income tax system from a flat tax to a graduated income tax. The proposal, formally titled the "Allow for Graduated Income Tax Amendment", appeared on the ballot in the November 3, 2020 election in Illinois as a legislatively referred constitutional amendment striking language from the Constitution of Illinois requiring a flat state income tax. Concurrent with the proposed constitutional amendment, the Illinois legislature passed legislation setting a new set of graduated income tax rates that would have taken effect had the amendment been approved by voters.
In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude, except as a punishment for a crime of which one has been convicted. In the latter 2010s, a movement has emerged to repeal the exception clause from both the federal and state constitutions.
2020 Florida Amendment 4, commonly known as the Think Twice Initiative was a proposed amendment to the Constitution of Florida that failed by 52.47% to 47.53% in the 2020 election on November 3, 2020. The amendment would have required new constitutional amendments to be approved by voters twice in order to go into effect.
2020 Missouri Amendment 2, also known as the Medicaid Expansion Initiative, was a ballot measure to amend the Constitution of Missouri to expand Medicaid under the Affordable Care Act. The initiative was on the August 4, 2020, primary ballot and passed with 53.27% of the vote. Following previous successful Medicaid expansion initiatives in other states, Republican lawmakers in Nebraska and Utah added work requirements to their states' Medicaid expansions, which supporters aimed to prevent by proposing state constitutional amendments for future Medicaid expansion initiatives. Opponents sued to prevent the initiative from being voted on, but courts ruled in the measure's favor. The measure was supported most in urban areas and opposed in rural areas. After a delay due to a lack of funding from the Missouri General Assembly and resulting litigation, the initiative was implemented in October 2021, albeit slowly. Republican lawmakers attempted to roll back the program and add a work requirement through a state constitutional amendment, which failed after the United States Supreme Court effectively prevented the implementation of one.
On November 4, 2014, Illinois voters approved the Illinois Right to Vote Amendment, a legislatively referred constitutional amendment to the Constitution of Illinois. The amendment was designed to provide that no person shall be denied the right to register to vote or cast a ballot in an election based on race, color, ethnicity, language, national origin, religion, sex, sexual orientation or income.
The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2, 2022, alongside primary elections for statewide offices, with early voting from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion, giving the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions.
The following is a list of ballot measures, whether initiated by legislators or citizens, which have been certified to appear on various states' ballots during the 2024 United States elections as of September 6, 2024.
New York Proposal 1 was a proposed legislatively referred constitutional amendment to the New York Constitution, which was approved by voters on November 5, 2024 and will take effect on January 1, 2025. Also called the Equal Rights Amendment, it includes several rights in the New York State Constitution's Equal Protection Clause with its chief purpose to preserve the right to abortion. It also adds a prohibition of discrimination on attributes such ethnicity, gender identity, disability, or reproductive autonomy. The amendment was approved in consecutive legislating sessions in 2022 and 2023 and was approved by voters in a referendum on November 5, 2024. While the text of the amendment was determined by the legislature, the wording of the ballot proposal about the amendment went through several changes and legal challenges before the Board of Elections' draft was replaced by an Albany County Judge.
South Dakota Amendment E is a proposed constitutional amendment that will appear on the ballot on November 5, 2024. If passed, the measure would amend the text of the South Dakota Constitution to change male pronouns to gender-neutral pronouns. The measure was proposed and passed by the South Dakota Legislature in 2023 and was validated for the ballot on March 7, 2023. Four states, California, Hawaii, New York state, and Vermont, already do not use any gendered pronouns in their state constitutions.
