History of ballot measures to establish initiative and referendum processes
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In the U.S., 26 states have adopted constitutional amendments for citizen-initiated ballot measures. As state constitutional amendments require voter approval, except in Delaware, creating ballot initiative processes required ballot measures, either from state legislatures or constitutional conventions. Most of these amendments originated during the progressive and populist movements of the 1890s to 1920s.[1][2][3]
Beginning in 1898, voters in 30 states have decided on 42 constitutional amendments to create state initiative and referendum processes. South Dakota was the first state to adopt an initiative and referendum process in 1898. Amendments were adopted in 22 states between 1898 and 1918, a two-decade period.
After 1918, there were no constitutional amendments to enact an initiative or referendum process on the ballot until 1956, when Alaskans adopted a state constitution that included both. In the 1960s, 1970s, and 1980s, two constitutional amendments appeared on the ballot during each decade.
In 1992, Mississippi became the most recent state to pass a constitutional amendment for an initiative process. Since then, no constitutional amendments have been placed on the ballot to establish an initiative or referendum process.
Voters in Minnesota, Rhode Island, Texas, and Wisconsin considered constitutional amendments to establish initiative and referendum processes, but none were approved. Voters in three states—Mississippi, Missouri, and Wyoming—rejected constitutional amendments before approving amendments on second attempts.
On this page, you will find:
- a list of states that have voted on ballot measures to establish initiative and referendum processes;
- a timeline for these measures; and
- a list of state ballot measures.
States that have voted on initiative and referendum ballot measures
Voters in 30 states have decided on 42 constitutional amendments to create state initiative and referendum processes. Voters approved constitutional amendments in 26 states.
- The average vote on a constitutional amendment to establish an initiative or referendum process was 68.3% 'Yes' to 31.7% 'No'.
- The first state to vote on an initiative-and-referendum constitutional amendment was South Dakota in 1898. The most recent state to vote on an initiative-and-referendum amendment was Mississippi in 1992.
- Nebraska Amendment 1 in 1912 won the widest margin for a constitutional amendment, receiving 92.5% of the vote. Wisconsin Question 2 of 1914 had the largest margin of defeat, receiving 36.4% of the vote.
- Massachusetts Question 1 in 1918 had the smallest winning margin, with a vote of 51.3% to 48.7%. Texas Proposition 1 of 1914 had the smallest losing margin, with a vote of 48.3% to 51.7%.
- The four states that voted on constitutional amendments to establish initiative and referendum processes but never approved one are Minnesota, Rhode Island, Texas, and Wisconsin. In Minnesota, voters defeated constitutional amendments in three elections: 1914, 1916, and 1980.
- Voters in three states—Mississippi, Missouri, and Wyoming—rejected constitutional amendments before approving amendments on second attempts.
The following is a map of states where ballots have featured constitutional amendments to provide for initiative and referendum processes:
Timeline of initiative and referendum ballot measures
1890s
In 1898, South Dakota became the first state to both vote on and approve a constitutional amendment establishing a state initiative and referendum process. The amendment provided for initiated state statutes and veto referendums. South Dakotans would also gain the power to initiate constitutional amendments in 1972.
In 1896, a coalition of Populists, Fusionists, and Democrats won control of the South Dakota State Legislature. In 1897, Reps. Lars M. Benson and William E. Kidd, both Populists, introduced House Joint Resolution 101 (HJR 101) to provide for an initiative and referendum process. The House passed HJR 101 with a vote of 49-32, and the Senate passed the resolution with a vote of 26-17.[4][5]
1900s
Between 1900 and 1909, voters in eight states decided on nine constitutional amendments to establish initiative and referendum processes. Utah became the second state to approve an amendment in 1900, and Oregon the third in 1902. Voters also adopted amendments in Maine, Montana, and Nevada within the decade. In Oklahoma, the initiative and referendum process was included in the state's first constitution, and, in Michigan, voters approved a revised constitution including the initiative and referendum.
In 1904, Missouri became the first state where voters rejected a constitutional amendment to provide for initiative and referendum. The vote was 40.61% 'Yes' to 59.39% 'No.' However, voters approved a constitutional amendment four years later in 1908.
The decade also included non-binding questions about establishing an initiative and referendum process in Illinois and Delaware. Although these non-binding questions were approved, Illinois did not establish an initiative process until 1970, and Delaware never adopted one.
1910s
The 1910s featured the most constitutional amendments to establish initiative and referendum processes, with 24 across 18 states.
In 1910, voters in Arkansas and Colorado approved constitutional amendments. In Arizona, voters approved a state constitution on December 12, 1911, that included an initiative and referendum process. In 1911, voters also ratified a state constitution in New Mexico, which included a veto referendum process but did not include one for initiated legislation. Californians approved Proposition 7, which created the state's initiative and referendum process, in 1911.
In 1912, more constitutional amendments were proposed to establish the initiative and referendum processes than in any other year. Voters approved amendments in Idaho, Nebraska, Nevada, Ohio, and Washington. In Mississippi and Wyoming, constitutional amendments were rejected because they received a majority of votes but failed to meet the states' supermajority requirements.
Voters in Mississippi approved a constitutional amendment two years later in 1914. However, in 1922, the Mississippi Supreme Court ruled the ballot measure invalid, finding that providing for both initiated state statutes and initiated constitutional amendments within a single measure was unconstitutional.[6][7]
In 1914, North Dakotans approved constitutional amendments providing for initiated state statutes and referendums and initiated constitutional amendments. In Texas and Wisconsin, voters rejected constitutional amendments in 1914. In Minnesota, constitutional amendments were defeated in 1914 and 1916 because, while they received a majority of votes on the measures, they did not meet the state's requirement of a majority of all ballots cast in the election.
In 1915, voters in Maryland approved a constitutional amendment to provide for a veto referendum process. In 1918, a constitutional amendment for initiative and referendum was approved in Massachusetts.
1920s-1990s
After 1918, no new constitutional amendments to create initiative and referendum processes were referred to voters for the next 38 years.
In 1956, voters in Alaska approved a state constitution that included the initiative and referendum process. In 1968, Floridians approved a revised constitution that included the initiative and referendum process. In Wyoming, 56 years after an amendment was defeated in 1912, the legislature referred to the ballot a new amendment, which voters approved in 1968.
In 1970, voters in Illinois approved a revised constitution, which included a process for initiated constitutional amendments limited to "structural and procedural subjects contained in Article IV."
In South Dakota, the first state to adopt an initiative and referendum process in 1898, voters approved Amendment E, which expanded the initiative power to include citizen-initiated constitutional amendments in 1972.
Voters in Minnesota considered Amendment 5 in 1980, which was the third time voters in the state decided on an initiative and referendum amendment. As with the votes in 1914 and 1916, the amendment received a majority of votes cast on the measure but failed to meet the state's requirement for a majority of all ballots cast in the election.
In 1986, voters in Rhode Island rejected Question 5, which would have provided for citizen-initiated ballot measures, among other changes. Voters approved a non-binding question about initiatives in 1996.
The most recent state to both vote on and approve a constitutional amendment to establish an initiative process was Mississippi in 1992. Titled Amendment 8, the ballot measure received 70.22% of the vote. The constitutional amendment included a signature distribution requirement based on five congressional districts. However, according to the Mississippi Supreme Court, the requirements cannot be met because the state had four congressional districts following reapportionment in 2001.[8] While the constitutional amendment providing for the initiative process in Mississippi remains valid, the signature distribution requirement cannot be met, preventing initiatives from being certified for the ballot.
Timeline
The following graph shows the number of constitutional amendments to establish state initiative and referendum processes per decade:
List of state ballot measures
Constitutional amendments
The table below lists constitutional amendments to establish state initiative and referendum processes in the United States:
Advisory questions
The table below lists non-binding questions about establishing initiative and referendum processes:
| State | Year | Measure | Origin | Yes | No | Outcome |
|---|---|---|---|---|---|---|
| Rhode Island | 1996 | Initiative Process Advisory Question | Legislature | 53.14% | 46.86% |  |
| Illinois | 1910 | Initiative and Referendum Process Advisory Question | Initiative | 77.72% | 22.28% | |
| Delaware | 1906 | Initiative and Referendum Advisory Question | Legislature | 88.86% | 11.14% | |
| Illinois | 1902 | Local Initiative and Referendum Process Advisory Question | Initiative | 82.42% | 17.58% | |
| Illinois | 1902 | State Initiative and Referendum Process Advisory Question | Initiative | 83.02% | 16.98% | |
See also
- 2026 ballot measures
- 2027 ballot measures
- States with initiative or referendum
- Direct democracy measures on the ballot
- Ballot initiative
Footnotes
- ↑ Library of Congress, "Progressive Era to New Era, 1900-1929," accessed January 26, 2025
- ↑ Initiative and Referendum Institute, "The History of the Initiative and Referendum Process in the United States," accessed January 26, 2025
- ↑ Northern Illinois University Digital Library, "American Populism, 1876-1896," accessed January 26, 2025
- ↑ Plott, S. (1992). "The origins of the initiative and referendum in South Dakota: The political context." Great Plains Quarterly, 12, 181-193.
- ↑ Dinan, J., & Heckelman, J. C. (2024). "The roots of direct democracy in the United States: South Dakota’s 1898 referendum creating the first statewide initiative process." State Politics & Policy Quarterly, 24(4), 432–446.
- ↑ The Mississippi Independent, "For 30 years, Mississippians had the right to vote in ballot initiatives – then it was taken away," July 23, 2024
- ↑ Mississippi Free Press, "‘Democracy Dies Blow By Blow’: How Mississippi’s Supreme Court Killed the Ballot Initiative Twice in 99 Years," June 1, 2021
- ↑ Mississippi Supreme Court, "In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler V Michael Watson, in His Official Capacity as Secretary of State for the State of Mississippi," May 14, 2021
- ↑ 9.0 9.1 9.2 In Minnesota, the constitutional amendment needed to receive approval from a majority of all ballots cast in the election, not just a majority of the votes specifically cast on the amendment.
- ↑ In Mississippi, the constitutional amendment needed to receive approval from a majority of all ballots cast in the election, not just a majority of the votes specifically cast on the amendment.
- ↑ In Wyoming, the constitutional amendment needed to receive approval from a majority of all ballots cast in the election, not just a majority of the votes specifically cast on the amendment.
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