In the United States, state law establishes and regulates ballot measures. This includes rules for the initiative and referendum processes, legislative referrals, constitutional amendments, campaign finance, petition circulation, signature requirements, and ballot language standards.
Because ballot measures are governed primarily by state constitutions and statutes, rather than federal law and the U.S. Constitution, the structure and scope of direct democracy vary widely across the country. Some states provide for citizen-initiated constitutional amendments and statutes, while others limit ballot measures to legislative referrals.
State legislatures amend statutes governing initiatives and referendums, and voters can approve constitutional amendments that change those processes. As a result, ballot measure law evolves through legislation, court decisions, and voter-approved amendments.
This page provides an overview of the laws governing ballot measures, with links to state frameworks, legal changes, and policies.
Learn about the laws governing ballot measures, including the initiative and referendum, in each state.
Explore the legislative and legal changes affecting ballot measures across time.
Learn the different types of ballot measures across the states.
Review ballot measure policies and concepts, and see how states differ across them.
Learn more about Ballotpedia's ballot measures project, which is divided into five core areas:
- MeasuresState and local ballot measures, along with analyses
- TopicsTopics that ballot measures have addressed
- LawRules governing ballot measures
- HistoryNearly 200 years of direct democracy
- CampaignsBallot measure campaigns, spending, polls, and more
Laws governing ballot measures in the United States
The ballot measure is a state-created process. The U.S. Constitution does not address ballot measures, leaving states to determine their own rules, including whether to provide for citizen-initiated ballot measures.
However, when a state does provide a ballot measure process, the state must regulate that process in compliance with the U.S. Constitution. States do not have to provide for ballot initiatives, but, according to the U.S. Supreme Court in Meyer v. Grant (1988), "Having decided to confer the right, the State was obligated to do so in a manner consistent with the Constitution."
Laws governing ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on ballot initiatives, signature requirements, campaign finance, local measures, and other aspects of the ballot measure process.
List of pages on laws governing ballot measures in states
Open the following table to view the state pages in a list format:
Changes to laws governing ballot measures
States pass dozens of laws each year that govern ballot initiatives, referendums, and related processes. Click a year below to explore legislative and legal changes affecting ballot measures during that year.
- Changes in 2026
- Changes in 2025
- Changes in 2024
- Changes in 2023
- Changes in 2022
- Changes in 2021
- Changes in 2020
- Changes in 2019
- Changes in 2018
As the ballot measure process is often written into state constitutions, significant changes to the process often require ballot measures themselves. You can explore approved and defeated measures, as well as upcoming ballot measure elections, that address ballot measure law at the following links:
- Ballot measure process ballot measures: The ballot measure process covers measures regarding the procedures and rules for qualifying, verifying, and presenting ballot measures to voters. This includes changes to the initiative and referendum process, ballot language procedures, and the rules governing how legislatures place constitutional amendments and statutes on the ballot.
- Initiative and referendum process ballot measures: The initiative and referendum process is a subtopic of the ballot measure process, as there are types of ballot measures that are not citizen-initiated. Measures addressing the initiative and referendum include signature requirements, deadlines, single-subject rules and subject restrictions, and other requirements.
Analyses
- Analysis of 2025 changes to laws governing ballot measures: As of August 8, state governments enacted 72 bills and resolutions concerning the three powers of direct democracy in the U.S.—the ballot initiative, referendum, and recall election. An additional six bills were vetoed. The average number of bills and resolutions enacted per year from 2018 to 2024 was 35. While most bills are adopted during the first half of the year when state legislatures are in session, additional legislation can still be passed later in the year. This year's total (72) is more than double the average (35) for 2018 to 2024. The total also surpasses the previous high of 41 in 2024.
- Analysis of 2024 changes to laws governing ballot measures: In 2024, state governments enacted 41 bills and resolutions concerning the ballot initiative, referendum, and recall processes.
- Analysis of 2018-2023 changes to laws governing ballot measures: From 2018 to 2023, state governments enacted 207 pieces of legislation related to initiative, referendum, and recall. The average number per year was 34, with a range of 17 in 2020 to 45 in 2019 and 2023.
Types of ballot measures
At the state level, ballot measure types vary based on two key factors: source and legal type. The source refers to who placed the measure on the ballot—for example, citizens, the legislature, or a commission. The legal type indicates what the measure would change in law, typically either the state constitution or state statutes.
| Name | Source | Legal Type |
|---|---|---|
| Automatic constitutional amendment | Automatic | Constitutional |
| Automatic constitutional convention question | Automatic | Other |
| Combined initiated constitutional amendment and state statute | Citizens | Constitutional, Statute |
| Initiated constitutional amendment | Citizens | Constitutional |
| Initiated state statute | Citizens | Statute |
| Initiated advisory question | Citizens | Statute |
| Veto referendum | Citizens | Statute |
| Commission-referred constitutional amendment | Commission | Constitutional |
| Commission-referred state statute | Commission | Statute |
| Convention-referred constitutional amendment | Convention | Constitutional |
| Legislatively referred advisory question | Legislature | Statute |
| Legislatively referred bond measure | Legislature | Statute |
| Legislatively referred constitutional amendment | Legislature | Constitutional |
| Legislatively referred constitutional convention question | Legislature | Statute |
| Legislatively referred state statute | Legislature | Statute |
Ballot measure policy topics
- See also: Glossary of ballot measure policy terms
General
Ballot title: A ballot title is the official language that a voter sees for a ballot measure on the ballot.
Fiscal impact statement: A fiscal impact statement is a projection, prepared by a state official or a government agency, that evaluates how the adoption of a ballot measure would influence state finances.
Valid signature: A valid signature on a ballot initiative petition is a signature that an election official determined meets the state or local legal standards and counts toward the minimum number of valid signatures required to place an initiative on the ballot.
Invalid signature: An invalid signature on a ballot initiative petition is a signature that an election official determined does not meet the state or local legal standards.
Ballot initiative signature gatherer: A ballot initiative signature gatherer, also referred to as a petition circulator, signature collector, or signature gatherer, is a person who collects signatures for citizen-initiated ballot measures.
Electronic petition signature: An electronic petition signature is a signature that is electronically submitted, as opposed to a signature that is physically signed with ink on paper.
Remote petition signature: A remote petition signature is a signature that is submitted remotely, as opposed to a signature that is signed in the presence of a petition circulator.
Readability laws: Readability laws for ballot measure language govern how legislators, secretaries of state, or other election officials write the question or description of a ballot measure.
Ballot initiative policies
- See also: Ballot initiative
Cure period: A cure period is a period of time for initiative proponents to collect additional signatures if they fall short of the required number when they submit signatures by an initial deadline.
Filing fee: An initiative filing fee is a fee that a sponsor of an initiative or referendum must pay when submitting a proposed ballot initiative to elections officials.
Legislative alteration: The term legislative alteration refers to when lawmakers repeal or amend citizen initiatives after voters have approved them.
Length of signature gathering periods: Known as a circulation period, the length of a signature-gathering period is the time frame during which signatures can be gathered to place an initiative on the ballot.
Number of signatures required: A specific number of valid signatures is required for an initiative to appear on the ballot. The exact number required is different in each state.
Separate-vote requirement: A separate-vote requirement is a rule requiring that proposed constitutional amendments placed on statewide ballots must be decided as separate ballot questions.
Signature distribution requirements: A signature distribution requirement, also known as a geographic signature requirement, is a law that provides that ballot initiative petitions must be signed by voters from multiple political subdivisions, such as counties or legislative districts, in order for the initiative to qualify for the ballot.
Single-subject rule: A single-subject rule is a state law that requires ballot initiatives to address a single subject, topic, or issue.
Subject restrictions: A subject restriction is a law that limits the scope or content of citizen initiatives.
Supermajority requirements: A supermajority requirement is a condition for approval for certain ballot measure elections where more than a simple majority of voters must vote in favor of a ballot measure for the measre to be approved.
Superseding initiative: A superseding initiative is the initiative that prevails when two or more conflicting initiatives are approved at the same election.
Two-election approval: A two-election approval requirement provides that voters must approve a ballot measure at two elections.
Withdrawal of petition signatures: The withdrawal of ballot initiative petition signatures, also known as petition signature revocation, is the process in which a voter who has signed a petition can officially have his or her signature removed from the petition, so that the signature no longer counts.
Withdrawal of qualified ballot initiatives: Some states allow proponents of a ballot initiative to withdraw the initiative after it has qualified for the ballot.
Campaign finance policies
Foreign spending in ballot measure campaigns: There is no federal law prohibiting foreign spending in ballot measure campaigns. Therefore, state law governs foreign spending related to ballot measures.
Signature gatherer policies
Badge requirements: A badge requirement is a rule that requires that people who collect signatures for ballot initiatives must communicate whether he or she is a paid or volunteer signature gatherer.
Residency requirements: A residency requirement is a law that requires signature gatherers for a ballot initiative petition to be residents of the jurisdiction, such as the state, where the initiative would change the law.
Pay-per-signature: Pay-per-signature is a method of compensating signature gatherers, also known as circulators, who collect signatures for ballot initiatives and veto referendums. The method involves paying signature gatherers at a rate based on the number of signatures collected.
Constitutional amendment policies
- See also: Constitutional amendment
Mandatory vote about holding a statewide constitutional convention: A mandatory vote about holding a state constitutional convention is a process in which a state constitution requires a constitutional convention question to appear on the ballot at certain intervals, such as a certain number of years.
Publication requirements: A publication requirement for constitutional amendments refers to a legal obligation to publicly disseminate information about proposed constitutional amendments.
Two-session vote requirement for legislatively referred constitutional amendments: States have different requirements for legislatures to refer constitutional amendments to the ballot, with several states requiring legislatures to approve amendments twice—once during one legislative session and then again during the next legislative session.
Separate-vote requirement: A separate-vote requirement is a rule requiring that proposed constitutional amendments placed on statewide ballots must be decided as separate ballot questions.
Supermajority requirements: A supermajority requirement is a condition for approval for certain ballot measure elections where more than a simple majority of voters must vote in favor of a ballot measure for the measure to be approved.
Other
Citizen-initiated grand juries: A citizen-initiated grand jury is a process that allows citizens to collect signatures to call for the formation of a criminal grand jury.
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See also
