History of ballot measures to establish initiative and referendum processes

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History of ballot measures to establish initiative and referendum processes

States with initiative or referendum
Ballot initiative
Veto referendum

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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:

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 68.25% 'Yes' to 31.75% '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 92.51% of the vote. Wisconsin Question 2 of 1914 had the largest margin of defeat, receiving 36.38% of the vote.
  • 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

Check out this episode of Ballotpedia's On the Ballot: "Citizen Initiatives: The history of giving power to the people"

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:

State Year Measure Origin Yes No Outcome
Mississippi 1992 Amendment 8: Initiated Constitutional Amendments Measure Legislature 70.22% 29.78%
Approveda
Rhode Island 1986 Question 5: Citizen-Initiated Ballot Measure Process and Nonpartisan Constitutional Convention Candidates Amendment Legislature 48.14% 51.86%
Defeatedd
Minnesota 1980 Amendment 5: Initiative and Referendum Measure[9] Legislature 53.19% 46.81%
Defeatedd
South Dakota 1972 Amendment E: Initiated Constitutional Amendment and Constitution Revision Measure Legislature 67.14% 32.86%
Approveda
Illinois 1970 Constitution Revision Measure Convention 57.25% 42.75%
Approveda
Florida 1968 Amendment 1: Constitution Ratification Measure Legislature 55.42% 44.58%
Approveda
Wyoming 1968 Amendment 2: Initiative and Referendum Process Measure Legislature 74.77% 25.23%
Approveda
Alaska 1956 Proposition 1: Constitution Ratification Measure Convention 68.12% 31.88%
Approveda
Massachusetts 1918 Question 1: Initiative and Referendum Amendment Convention 51.28% 48.72%
Approveda
Minnesota 1916 Amendment 7: Initiative and Referendum Measure[9] Legislature 78.46% 21.54%
Defeatedd
Maryland 1915 Amendment 4: Veto Referendum Process Amendment Legislature 76.78% 23.22%
Approveda
Minnesota 1914 Amendment 1: Initiative and Referendum Measure[9] Legislature 80.16% 19.84%
Defeatedd
Mississippi 1914 Initiative and Referendum Amendment Legislature 68.68% 31.32%
Approveda
North Dakota 1914 Initiated Constitutional Amendments Measure Legislature 66.40% 33.60%
Approveda
North Dakota 1914 Initiated State Statutes and Referendums Measure Legislature 70.96% 29.04%
Approveda
Texas 1914 Proposition 1: Initiative and Referendum Amendment Legislature 48.29% 51.71%
Defeatedd
Wisconsin 1914 Question 8: Initiated Constitutional Amendments Measure Legislature 36.38% 63.62%
Defeatedd
Wisconsin 1914 Question 2: Initiative and Referendum Amendment Legislature 31.30% 68.70%
Defeatedd
Idaho 1912 SJR 12: Veto Referendum Process Amendment Legislature 76.39% 23.61%
Approveda
Idaho 1912 SJR 13: Initiative Process Amendment Legislature 71.92% 28.08%
Approveda
Mississippi 1912 Initiative and Referendum Amendment[10] Legislature 65.27% 34.73%
Defeatedd
Nebraska 1912 Amendment 1: Initiative and Referendum Measure Legislature 92.51% 7.49%
Approveda
Nevada 1912 Question 3: Initiative Process Amendment Legislature 90.65% 9.35%
Approveda
Ohio 1912 Initiative and Referendum Amendment Convention 57.47% 42.53%
Approveda
Washington 1912 Initiative and Referendum Amendment Legislature 71.49% 28.51%
Approveda
Wyoming 1912 Initiative and Referendum Measure[11] Legislature 85.66% 14.34%
Defeatedd
Arizona 1911 Constitution Ratification Measure (Version 2) Convention 88.79% 11.21%
Approveda
Arizona 1911 Constitution Ratification Measure (Version 1) Convention 78.68% 21.32%
Approveda
California 1911 Proposition 7: Initiative and Referendum Amendment Legislature 76.41% 23.59%
Approveda
New Mexico 1911 Constitution Ratification Measure Convention 70.32% 29.68%
Approveda
Arkansas 1910 Amendment 10: Initiative and Referendum Measure Legislature 70.59% 29.41%
Approveda
Colorado 1910 Referendum 3: Initiative and Referendum Amendment Legislature 76.95% 23.05%
Approveda
Maine 1908 Initiative and Referendum Amendment Legislature 68.67% 31.33%
Approveda
Michigan 1908 Constitution Ratification Measure Convention 65.17% 34.83%
Approveda
Missouri 1908 Amendment 3: Initiative and Referendum Measure Legislature 54.67% 45.33%
Approveda
Oklahoma 1907 State Constitution Ratification Measure Convention 71.17% 28.83%
Approveda
Montana 1906 Amendment 1: Initiative and Referendum Measure Legislature 84.61% 15.39%
Approveda
Missouri 1904 Amendment 2: Initiative and Referendum Measure Legislature 40.61% 59.39%
Defeatedd
Nevada 1904 Question 1: Veto Referendum Process Amendment Legislature 84.72% 15.28%
Approveda
Oregon 1902 Measure Nos. 105-106: Initiative and Referendum Amendment Legislature 91.63% 8.37%
Approveda
Utah 1900 Initiative and Referendum Amendment Legislature 71.17% 28.83%
Approveda
South Dakota 1898 Initiative and Referendum Amendment Legislature 59.10% 40.90%
Approveda


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%
Approveda
Illinois 1910 Initiative and Referendum Process Advisory Question Initiative 77.72% 22.28%
Approveda
Delaware 1906 Initiative and Referendum Advisory Question Legislature 88.86% 11.14%
Approveda
Illinois 1902 Local Initiative and Referendum Process Advisory Question Initiative 82.42% 17.58%
Approveda
Illinois 1902 State Initiative and Referendum Process Advisory Question Initiative 83.02% 16.98%
Approveda

See also

Footnotes

  1. Library of Congress, "Progressive Era to New Era, 1900-1929," accessed January 26, 2025
  2. Initiative and Referendum Institute, "The History of the Initiative and Referendum Process in the United States," accessed January 26, 2025
  3. Northern Illinois University Digital Library, "American Populism, 1876-1896," accessed January 26, 2025
  4. Plott, S. (1992). "The origins of the initiative and referendum in South Dakota: The political context." Great Plains Quarterly, 12, 181-193.
  5. 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.
  6. The Mississippi Independent, "For 30 years, Mississippians had the right to vote in ballot initiatives – then it was taken away," July 23, 2024
  7. Mississippi Free Press, "‘Democracy Dies Blow By Blow’: How Mississippi’s Supreme Court Killed the Ballot Initiative Twice in 99 Years," June 1, 2021
  8. 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. 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.
  10. 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.
  11. 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.