Ballotpedia's Top 15 ballot measures to watch, 2022
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October 12, 2022
Voters in 37 states will decide on 132 statewide ballot measures at the general election on November 8. This year's ballot measures address issues like abortion, marijuana, voting policies, firearms, sports betting, and state constitutional rights.
Earlier in 2022, voters in four states decided on five ballot measures. Voters approved three and rejected two of these measures. On December 10, voters in one state, Louisiana, will decide on three ballot measures. Overall, 140 statewide ballot measures are certified for the ballot in 38 states in 2022. To see statewide ballot measures on the ballot in 2022, click here.
We've compiled a list of 15 statewide ballot measures to watch on Nov. 8, 2022. Click on the following links to read more about each ballot measure. The list order is based on topics or similar issues.
- Michigan Proposal 3: Right to Reproductive Freedom Initiative
- Kentucky Amendment 2: No State Constitutional Right to Abortion Amendment
- California Proposition 26: Legalize Sports Betting on American Indian Lands Initiative
- California Proposition 27: Legalize Sports Betting and Revenue for Homelessness Fund Initiative
- Nevada Question 3: Top-Five Ranked Choice Voting Initiative
- Michigan Proposal 2: Voting Policies in Constitution Amendment
- Massachusetts Question 4: Remove Proof of Citizenship or Immigration Status for Driver's License Applications Referendum
- Missouri Amendment 3: Marijuana Legalization Initiative
- Colorado Proposition 122: Decriminalization and Access Program for Certain Psychedelic Plants and Fungi Initiative
- California Proposition 31: Flavored Tobacco Products Ban Referendum
- Massachusetts Question 1: Tax on Income Above $1 Million for Education and Transportation Amendment
- Nebraska Initiative 433: $15.00 Minimum Wage Initiative
- Oregon Measure 114: Changes to Firearm Ownership and Purchase Requirements Initiative
- Iowa Amendment 1: Right to Keep and Bear Arms Measure
- Alabama Question: Recompiled Constitution Ratification Measure
Trends
Topics
- Abortion: Abortion has been a topic for statewide ballot measures since the 1970s. Since 2000, there have been just two general election cycles, 2002 and 2016, without abortion-related state ballot measures. In 2022, there will be six ballot measures addressing abortion — the most on record for a single year. Before 2022, the highest number was four abortion-related measures in 1986. We provide a look at Michigan Proposal 3 and Kentucky Amendment 2 on this page. Measures were also certified for the ballot in California, Montana, and Vermont. On August 2, voters in Kansas rejected a constitutional amendment similar to Kentucky's Amendment 2.
- Marijuana: Heading into November, marijuana was legal in 19 states and D.C. Of those 19 states, 12 and D.C. had legalized marijuana through the ballot measure process. This page previews Missouri Amendment 3 . Missouri was the largest state to vote on marijuana legalization in 2022. There were four other marijuana legalization measures on the ballot in Arkansas, Maryland, North Dakota, and South Dakota.
- Voting-related policies: Voting - how to vote, when to vote, and who can vote - will be on the ballot in seven states. Summaries of Nevada Question 3, a top-five ranked-choice voting initiative, and Michigan Proposal 2, an initiative to establish voting policies in the state constitution, are summarized on this page. The other states included Arizona, Connecticut, Louisiana, Nebraska, and Ohio. In Connecticut, voters decided on a constitutional amendment to allow no-excuse early voting. Voters in Ohio decided on a constitutional amendment to prohibit local governments from allowing noncitizens to vote. Louisiana voted on a similar amendment at an election on December 10. In Arizona and Nebraska, voters decided on ballot measures to require or change voter identification requirements.
Of the measures listed on this page, other topics include:
- sports betting (California Propositions 26 and 27);
- firearms (Iowa Amendment 1 and Oregon Measure 114);
- citizenship/immigration status and licenses (Massachusetts Question 4);
- income taxes (Massachusetts Question 1);
- minimum wage (Nebraska Initiative 433);
- psychedelic plants and fungi (Colorado Proposition 122);
- flavored tobacco (California Proposition 31); and
- state constitutions (Alabama Question).
Campaign finance
- See also: Ballot measure campaign finance, 2022
Ballotpedia identified $1.10 billion in contributions to support or oppose statewide measures on ballots in 2022.
Of the ballot measures listed on this page, California Proposition 26 and Proposition 27 have seen the most contributions in 2022. Proposition 26 and 27 both relate to legalizing sports betting, in different forms, in California. Combined, the campaigns have received $426.95 million in contributions.
Outside of California, the ballot measure to see the most contributions is Massachusetts Question 4, which would create an additional tax of 4% for income over $1 million, in addition to the existing 5% flat-rate income tax, and dedicate revenue to education and transportation purposes.
The campaigns surrounding the following 10 ballot measures had received the most contributions:
Measures
Michigan Proposal 3
Michigan Proposal 3 would create a state constitutional right for persons to make decisions about abortion, contraceptives, and other pregnancy-related matters. Proposal 3 would allow the state to regulate abortion after fetal viability, except when an attending healthcare professional determines an abortion is necessary to "protect the life or physical or mental health of the pregnant individual."
In California and Vermont, voters will also decide on constitutional amendments to provide state constitutional rights to abortion. Votes on these measures followed Dobbs v. Jackson Women’s Health Organization, which held that the U.S. Constitution does not confer a right to abortion. These measures are also the first abortion-related ballot measures since 1992 to have the support of organizations that describe themselves as pro-choice/pro-reproductive rights.
Unlike the constitutional amendments in California and Vermont, where legislators voted to put the issue on the ballot, Michigan Proposal 3 is a citizen-initiated constitutional amendment. Also unlike California and Vermont, Michigan does not have a statute allowing abortion. Rather, Michigan has a statute that prohibits abortion, which a circuit court blocked, but that decision could be appealed.[1]
Kentucky Amendment 2
In Kentucky, Amendment 2 would provide that the state constitution cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws.
From 2014 to 2020, voters passed this type of constitutional amendment in four states — Alabama, Louisiana, Tennessee, and West Virginia. On August 2, 2022, voters in Kansas rejected a constitutional amendment. In Kansas, turnout for the amendment exceeded top-ballot races. While the Kansas Supreme Court ruled that the Kansas Constitution provides a state right to abortion, there hasn't been a similar ruling in Kentucky. Amendment 2 would preempt a future court ruling from establishing "an implicit right to abortion from the language of our state Constitution," according to Rep. Joseph Fischer (R), who sponsored the amendment in the Legislature.[2]
California Propositions 26 and 27
Californians will vote on two initiatives — Proposition 26 and Proposition 27 — to legalize sports betting on November 8. Combined, the campaigns have received $426.95 million in contributions, making this pair of initiatives the most expensive measure elections in 2022. A coalition of American Indian tribal governments is funding the campaign behind Proposition 26. Sportsbooks, including Bet MGM, FanDuel, and DraftKings, and other gambling businesses are funding the campaign behind Proposition 27.
Propositions 26 and 27 differ in terms of who would be permitted to operate sports betting and how tax revenue from sports betting would be spent. Proposition 26 would legalize sports betting at American Indian gaming casinos and licensed racetracks. Proposition 27 would allow online and mobile sports betting.
Proposition 26 would enact a 10% tax on profits from sports betting at racetracks. The state fiscal analyst estimated that Proposition 26 would result in an annual increase of tens of millions of dollars in state revenue, of which 70% would be deposited into the General Fund and 30% would be divided between the Department of Health and the Bureau of Gambling Control.
Proposition 27 would enact a 10% tax on sports betting revenues and licensing fees. The state fiscal analyst estimated that Proposition 27 would result in an annual state revenue increase in the mid-hundreds of millions of dollars. Proposition 27 would allocate 85% of the revenue into a new homelessness and mental health fund and 15% toward tribal economic development programs.
Nevada Question 3
Nevada Question 3 would make Nevada the third state to adopt ranked-choice voting (RCV) for some statewide elections. In Nevada, initiated constitutional amendments, like Question 3, need to be approved twice, so Question 3 will need voter approval in 2022 and 2024. Question 3 would adopt a system similar to Alaska’s. While Alaska has open top-four primaries, Nevada Question 3 would adopt open top-five primaries. The top-five vote recipients would move to the general election, where ranked-choice voting would be used.
Nevada Voters First, the political action committee behind Question 3, has received contributions from Katherine Gehl, former CEO of Gehl Foods, and an organization, the Final Five Fund, that she founded. Opponents include Gov. Steve Sisolak (D) and U.S. Sens. Catherine Cortez Masto (D) and Jacky Rosen (D).
Michigan Proposal 2
Michigan Proposal 2 would add several election and voting-related policies to the Michigan Constitution, including some policies that exist in statute and others which would be new. As provisions of the Michigan Constitution, legislators would not be able to repeal or amend these policies without first passing a constitutional amendment, which would require voter approval. Proposal 2 would add the following to the state constitution:
- creating a nine-day early voting period;
- allowing for a signed affidavit or photo identification to vote;
- requiring that military and overseas ballots postmarked by election day are counted;
- providing voters with a right to request an absentee ballots;
- requiring the state to fund prepaid stamps and a tracking system for absentee ballots
- requiring the state to fund a number of absentee ballot dropboxes;
- providing that local governments can accept charitable and in-kind donations to assist with running elections as long as donations are disclosed and aren’t from foreign entities; and
- providing that election officials are responsible for election audits, requiring election audits to be conducted in public, and requiring election results to be certified based on votes cast.
Proposal 2 would also add constitutional language saying that laws, regulations, and practices that interfere with a person’s right to vote are prohibited.
Massachusetts Question 4
Question 4 is a veto referendum on House Bill 4805, which would allow people who cannot confirm citizenship or immigration status to submit certain forms of identification to obtain a driver’s license or motor vehicle registration. Gov. Charlie Baker (R) vetoed HB 4805, but the Democratic-controlled General Court overrode his veto. Opponents of HB 4805 collected signatures to place the bill on the ballot.
Before Question 4, there was one veto referendum related to driver’s licenses for immigrants who cannot provide proof of lawful presence. In 2014, voters rejected Oregon Measure 88, which had the effect of repealing the bill.
Missouri Amendment 3
Missouri Amendment 3 is one of five ballot measures to legalize marijuana on November 8. Missouri is the largest state to vote on legalization this year. The other four states are Arkansas, Maryland, North Dakota, and South Dakota. In Maryland, Question 4 was put on the ballot through a legislative vote. In Missouri, and the other three states, the measures were put on the ballot through signature drives. Maryland has a divided government, while the other states are Republican trifectas.
Amendment 3 would enact a 6% excise tax on marijuana retail sales. Amendment 3 would also allow individuals with certain marijuana-related offenses to petition for release from prison or parole and probation and have their records expunged. Under Amendment 3, localities would be allowed to prohibit marijuana establishments within their jurisdictions through a referred or initiated ballot measure.
As of 2022, 19 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes. In 11 states and D.C., the ballot initiative process was used to legalize marijuana. In one state, New Jersey, the legislature referred a measure to the ballot for voter approval. In seven states, bills to legalize marijuana were enacted into law.
Colorado Proposition 122
In 2020, Oregon was the first state to legalize psilocybin mushrooms in certain settings. In 2022, Colorado could be the second state to legalize psilocybin mushrooms, along with other psychedelic plants and fungi, including psilocin, dimethyltryptamine, ibogaine, and mescaline (excluding peyote).
Colorado Proposition 122 would allow for these psychedelic plants and fungi at specific licensed facilities called healing centers. Outside of these facilities, psychedelic plants and fungi would be decriminalized
The New Approach PAC, an organization that has supported marijuana legalization measures, is the top donor to the campaign behind Proposition 112.
California Proposition 31
In 2020, Gov. Gavin Newsom (D) signed a bill banning the sale of flavored tobacco products and tobacco product flavor enhancers, with exceptions for hookah tobacco, loose leaf tobacco, and premium cigars. R.J. Reynolds and Philip Morris USA, tobacco companies, funded a signature drive for a veto referendum to overturn the legislation. The signature drive was successful, putting the bill before voters to decide as Proposition 31.
The campaign advocating for the bill to be upheld (a ‘yes’ vote) has received contributions from former NYC Mayor Michael Bloomberg (D) and Kaiser Foundation Health Plan.
In San Francisco, a similar referendum was on the ballot in 2018. In 2017, the San Francisco Board of Supervisors passed an ordinance that banned the sale of flavored tobacco. R.J. Reynolds launched a veto referendum campaign to repeal the ordinance. Voters approved Proposition E, thus upholding the board's ordinance. R.J. Reynolds provided funding for the veto referendum campaign, while Bloomberg was the top contributor to the campaign to uphold the ordinance.
Massachusetts Question 1
Massachusetts Question 1 would enact a 4% tax on income over $1 million and dedicate revenue to education and transportation purposes. The tax would be levied in addition to the state's 5% flat income tax, for a total tax rate of 9% on income above $1 million.
Fair Share Massachusetts is leading the campaign in support of Question 1. The Massachusetts Teachers Association, National Education Association, and American Federation of Teachers are the campaign’s largest donors. Donors to the opposition campaign, the Coalition to Stop the Tax Hike Amendment, include Suffolk Construction Co. and FoxRock, along with other businesses and individuals.
In California, voters will also decide on an initiative, Proposition 30, to increase the tax on personal income above $2 million by 1.75% and dedicate the revenue to zero-emission vehicle subsidies; zero-emission vehicle infrastructure, such as electric vehicle charging stations; and wildfire suppression and prevention programs.
Nebraska Initiative 433
Nebraska Initiative 433 would increase the state’s minimum wage to $15.00 beginning on January 1, 2026. As of 2022, the minimum wage is $9.00 per hour in Nebraska. After 2026, the minimum wage would be adjusted each year based on consumer price index increases.
Since 2002, voters have decided on 21 measures to increase state minimum wage, approving each one. Nebraska will be the second state, after Florida in 2020, to vote on a $15 minimum wage ballot initiative. Nebraska will be the first state to vote on a $15.00 minimum wage ballot measure in the central United States.
Raise the Wage Nebraska is leading the campaign in support of the ballot initiative. The campaign has received contributions from the Sixteen Thirty Fund, the Nebraska Appleseed Center for Law in the Public Interest, and The Fairness Project.
Oregon Measure 114
Oregon Measure 114 would create new permitting requirements to purchase firearms and prohibit ammunition magazines capable of holding more than 10 rounds. Persons who violate the magazines limit could be charged with a Class A misdemeanor, which is punishable by up to 364 days in jail, a fine of up to $6,250, or both.
Under Measure 114, firearm purchasers would need a permit from local law enforcement. Obtaining the permit would require photo identification, fingerprinting, a criminal background check, and training on firearm laws and safe practices related to owning, transporting, and using a firearm.
Since 2000, voters have decided on eight measures related to firearm regulations, approving seven and defeating one. The last firearms-related measure on the ballot in Oregon was 2000, when voters approved Measure 5.
Iowa Amendment 1
Voters in Iowa will decide on an amendment to add a right to keep and bear arms to the Iowa Constitution. The amendment would declare that this right is a fundamental individual right and that restrictions on this right would be subject to strict scrutiny.
Most states (44) have some version of a right to bear arms in their constitutions. Three – Alabama, Louisiana, and Missouri – include provisions requiring restrictions to be subject to strict scrutiny. Generally, in court cases, strict scrutiny means that a law needs to have a compelling state interest and be narrowly tailored to achieve that interest.
Richard Rogers, a board member of the Iowa Firearms Coalition, said, "Those who oppose the free exercise of the right to keep and bear arms have been trying for over 100 years to get around — we view it as they’re trying to get around the language of the Second Amendment... We wanted to protect the right. So that’s why the strict scrutiny is in there."[3] Iowans for Gun Safety issued a statement, saying, "The 'strict scrutiny' language is an overreach that could threaten future sensible gun safety legislation and possibly lead to costly court challenges of current laws and future legislative efforts to address gun violence by placing a higher standard on cases."[4]
Alabama Constitution Ratification Question
Alabama could be the first state since 1986 to adopt a new constitution. Voters will decide a ratification question on Nov. 8. The current Alabama Constitution was adopted in 1901 and has been amended 977 times. Changes include rearranging and consolidating provisions and deleting duplicative and repetitive language.
The Committee on the Recompilation of the Constitution was authorized to propose repealing language determined to be racist. The final document would repeal language prohibiting interracial marriages, requiring separate schools for white children and children of color, allocating revenue from poll taxes, and allowing involuntary servitude as punishment for a crime.
Before placing the Alabama Constitution of 2022 on the ballot, legislators approved the document via a voice vote in both chambers of the Alabama State Legislature.
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Footnotes
- ↑ Associated Press, "Judge strikes down 1931 Michigan law criminalizing abortion," September 7, 2022
- ↑ Kentucky Today, "Passage of constitutional amendment on abortion applauded," March 30, 2021
- ↑ Des Moines Register, "Iowans will vote on a gun rights amendment this fall. Here's what you need to know," September 1, 2022
- ↑ Iowans for Gun Safety, "November 2020 Gun Violence Prevention Voter Guide," accessed September 29, 2022
