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State Ballot Measure Monthly: October 2024
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By Ballot Measures Project Staff
This edition of the State Ballot Measure Monthly covers the certifications of state ballot measures, as well as notable ballot measure news, from September 11 through October 7.
Overview: Nationally, 160 ballot measures have been certified in 41 states for elections in 2024.
- On November 5, voters in 41 states decided on 147 statewide ballot measures.
- On December 7, voters in Louisiana decided on four constitutional amendments.
- Earlier in 2024, voters in five states decided on nine ballot measures. Voters approved five and rejected four of these measures.
Trends in 2024
Some of the biggest trends for state ballot measures this year are abortion policies, citizenship and voting, electoral systems, minimum wage and benefits, criminal justice, drug use policies, and more. The following are summaries of these trends across the states.
Abortion
Abortion has been a topic for statewide ballot measures since the 1970s. However, in 2022, following Dobbs v. Jackson Women’s Health Organization, a then-record number of abortion-related measures were on the ballot, including three from campaigns that described themselves as pro-choice or pro-reproductive rights. In 2023, voters in Ohio approved Issue 1.
On November 5, 2024, voters decided on 11 abortion-related ballot measures—the most on record for a single year. Ten would provide for state constitutional rights to abortion: Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota. One, in Nebraska, would limit the timeframe for when an abortion can be performed.
Citizenship
Bans on noncitizen voting at the state level had become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. In 2024, eight state legislatures referred constitutional amendments to the ballot to prohibit the state or local governments from allowing noncitizen voting. The eight states were Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin. Voters approved each constitutional amendment.
Jack Tomczak, Vice President of Americans for Citizen Voting, which supported the ballot measures, said, "We, and legislators who sponsor these, are getting ahead of fixing a problem that maybe has not reared its head as much in these states. It’s not like it’s happening everywhere and it must be stopped immediately. But preemption is not a bad thing." Jonathan Diaz, Director of Voting Advocacy for the Campaign Legal Center, said, "These proposed constitutional amendments are aimed really at two things: preventing local governments in those states from allowing non-U.S. citizens to vote in local elections, and advancing this false narrative that non-U.S. citizens are somehow participating in U.S. elections in large numbers, which is totally unsupported by any evidence or facts."[1]
As of 2024, municipalities in California, Maryland, and Vermont, along with Washington, D.C., allowed noncitizens to vote in some local elections. In November, voters in Santa Ana, California, decided on a ballot measure to allow noncitizens to vote in municipal elections.
In 1996, Congress passed legislation making noncitizen voting in federal elections a crime.
Electoral systems
The ballot initiative has played a prominent role in proposing changes to state and local electoral systems across the United States. In 2024, voters will decide on a record number of statewide ballot measures on ranked-choice voting (RCV). In Colorado, Idaho, Nevada, and Oregon, voters will decide on measures to adopt RCV. Voters in Washington, D.C., will also decide on a ballot initiative to establish RCV. In Alaska, voters will decide on an initiative to repeal RCV, which was adopted in 2020. In Missouri, voters will decide on a constitutional amendment that would preempt RCV.
There are other electoral system changes on the ballot, some of which could lead to the adoption of RCV. In Arizona, Proposition 140 would replace partisan primaries with primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, such as top-two or top-four primaries. RCV would also be used for anything above top-two, for single-winner districts. Arizona Proposition 133, on the other hand, would not address RCV but would prohibit systems like top-two and top-four primaries, meaning Proposition 133 and Proposition 140 are competing measures. In Montana, voters will decide on two electoral system measures, one to adopt top-four primaries and another to require a majoritarian vote system for general elections, such as run-off elections or RCV.
In South Dakota, voters will decide on Amendment H, which would replace partisan primaries with top-two primaries.
Criminal justice
In 2024, voters in three states—Arizona, California, and Colorado—will decide on ballot measures related to criminal justice, law enforcement, and police funding.
In Arizona, there are two ballot measures related to criminal justice. Proposition 313 would require that anyone convicted of child sex trafficking must receive a sentence of life imprisonment. Proposition 314 would make several changes to criminal and immigration law, including allowing police to arrest noncitizens who enter Arizona from foreign countries at locations other than official ports, allowing state judges to order deportations, and providing for a new felony offense, called sale of lethal fentanyl, among other provisions.
In California, voters will decide on Proposition 36, which would increase penalties for certain drug crimes and theft convictions. Proposition 36 would make changes to 2014's Proposition 47. The effect of Proposition 47 on criminal activities in succeeding years is a topic of debate in California.
Colorado has three ballot measures related to criminal justice and police funding. Amendment I would remove the right to bail in cases of first-degree murder when the proof is evident or the presumption is great. Proposition 128 would require that persons convicted of certain violent crimes serve more of their sentences before being eligible for parole. Proposition 130 would allocate state revenue to a new fund for law enforcement recruitment, retention, training, and death benefits.
Wages
In 2024, voters in Alaska, California, Massachusetts, and Missouri will decide on minimum wage initiatives. In Alaska and Missouri, the initiatives propose raising the minimum wage to $15 per hour, along with enacting paid sick leave requirements. In California, the measure would raise the state's minimum wage to $18 per hour. In Massachusetts, the ballot measure would increase the minimum wage for tipped workers to match the general minimum wage. Voters in Nebraska will also decide on an initiative to require paid sick leave for employees.
In Arizona, voters will be asked to decide Proposition 138, which would allow for tipped workers to be paid 25% less per hour than the minimum wage. The current law allows tipped workers to be paid $3 less than the minimum wage. In 2024, the state's minimum wage is $14.35, which means tipped workers can earn $11.35 per hour, provided their tips bring them up to at least the minimum wage. Under Proposition 138, tipped workers could be paid 25% less, which would be, using this year's minimum wage, $10.77 per hour, as long as their combined wage and tips total at least $2 above the minimum wage.
Drug use policy
Heading into November, marijuana was legal in 24 states and D.C. Of those 24 states, 13 and D.C. had legalized marijuana through the ballot measure process. In 2024, three more states decided on marijuana legalization ballot measures: Florida, North Dakota, and South Dakota. Voters in North Dakota and South Dakota will decide on legalization initiatives for the third time, after previous defeats or, in South Dakota, one initiative overturned in court.
In Florida, voters will decide on a legalization initiative, Amendment 3, for the first time. It’s one of the most expensive ballot measure campaigns this year and, between supporters and opponents, the most expensive marijuana-related ballot measure election on record.
Voters in Nebraska are deciding on two ballot measures related to legalizing and regulating the medical use of marijuana in the state.
Massachusetts could be the third state to legalize certain psychedelic substances and services, following Oregon in 2020 and Colorado in 2022. Voters will decide on Question 4 to legalize natural psychedelic substances, including psilocybin.
Changes in 2024 ballot measure numbers
Comparison to earlier years
So far, 160 state ballot measures have been certified for 2024. From 2012 through 2022, an average of 157 state ballot measures were certified through the second week of October of a general election year. An average of 157 total ballot measures were certified for even-numbered year ballots from 2012 through 2022.
2024 certifications
- See also: Ballotpedia's Tuesday Count for 2024
From September 11 through October 7, two statewide measures qualified for the ballot in one state—Nebraska. One measure was removed from the ballot in Utah.
September 17
- Removed — Utah Amendment D, Provide for Legislative Alteration of Ballot Initiatives and Ban Foreign Contributions Measure: This legislatively referred measure would have provided that the state legislature has the power to amend and repeal citizen initiatives and prohibited foreign individuals, governments, or entities from supporting, opposing, or otherwise influencing ballot initiatives. On September 12, 2024, 3rd Judicial District Court Judge Dianna Gibson ruled that the measure was unconstitutional. Although the measure will be printed on ballots, votes on the measure will not be tallied. The Utah State Legislature appealed the ruling to the Utah Supreme Court, which upheld the lower court's ruling on September 25, 2024.[2]
- Nebraska Initiative 437, Medical Marijuana Legalization Initiative: Initiative 437 would adopt the Nebraska Medical Cannabis Patient Protection Act, which would authorize qualified patients to use, possess, and acquire up to five ounces of marijuana to alleviate or treat a medical condition or its symptoms. Qualified patients would include a patient 18 years or older with a written recommendation from a healthcare practitioner or a patient younger than 18 years of age with a written recommendation from a healthcare practitioner as well as written consent from a parent or guardian.
- Nebraska Initiative 438, Medical Marijuana Regulation Initiative: Initiative 438 would repeal penalties for the possession, manufacture, distribution, delivery, and dispensing of marijuana for medical purposes and establish the Nebraska Medical Cannabis Commission to regulate the medical marijuana industry in the state. It is sponsored by Nebraskans for Medical Marijuana, which also sponsored Initiative 437.
States with certified measures
Across the U.S., 160 statewide ballot measures are certified for the ballot in 41 states, including 147 statewide ballot measures for November 5. The following map illustrates which states have statewide ballot measures this year:
Types of ballot measures
From 2010 to 2022, an average of 161 statewide ballot measures—53 initiated measures and 108 referred measures—appeared on ballots in even-numbered years. An initiated measure is a proposed law that people collect signatures for to put on the ballot. A referred measure is a proposed law that a legislature or commission, or constitutional provision in the case of automatic referrals, puts on the ballot for voters to decide.
| Type | 2024 | 2022 | 2020 | 2018 | 2016 | 2014 | 2012 | 2010 | Average (2010-2022) |
|---|---|---|---|---|---|---|---|---|---|
| Initiated ballot measures | 57 | 30 | 43 | 68 | 76 | 40 | 61 | 50 | |
| Initiated constitutional amendments[3] | 23 | 11 | 15 | 26 | 25 | 8 | 19 | 17 | |
| Initiated state statutes | 32 | 17 | 25 | 37 | 46 | 27 | 29 | 29 | |
| Veto referendums | 2 | 2 | 4 | 5 | 5 | 5 | 13 | 5 | |
| Referred ballot measures | 102 | 110 | 86 | 99 | 86 | 118 | 125 | 134 | |
| Legislative constitutional amendment | 73 | 89 | 69 | 66 | 69 | 91 | 98 | 106 | |
| Legislative state statute | 12 | 8 | 6 | 9 | 2 | 5 | 8 | 8 | |
| Commission-referred measure | 0 | 0 | 0 | 7 | 0 | 1 | 0 | 0 | |
| Automatically referred measure | 1 | 3 | 1 | 1 | 1 | 1 | 3 | 4 | |
| Bond issues | 13 | 7 | 6 | 14 | 11 | 15 | 14 | 15 | |
| Advisory question | 3 | 3 | 4 | 2 | 3 | 5 | 2 | 1 | |
| Total: | 159 | 140 | 129 | 167 | 162 | 158 | 186 | 184 |
Campaign finance
- See also: Ballot measure campaign finance, 2024
Ballotpedia identified $1.32 billion in contributions to support or oppose statewide measures on ballots in 2024.
States with most contributions
For 2024, the following 10 states had the most ballot measure campaign contributions:
| State | Measures | Contributions |
|---|---|---|
| California | 11 | $392,692,523 |
| Florida | 6 | $315,394,052 |
| Missouri | 8 | $108,375,382 |
| Washington | 4 | $57,629,536 |
| Arizona | 13 | $54,820,527 |
| Ohio | 1 | $50,974,026 |
| Nevada | 7 | $47,348,311 |
| Colorado | 14 | $46,849,164 |
| Massachusetts | 5 | $43,270,331 |
| Massachusetts | 3 | $8,654,066 |
Measures with most contributions
For 2024, campaigns surrounding the following 10 ballot measures had received the most contributions:
Headlines
Over the past decade, courts have disqualified 16 state ballot measures after certification, including two this year
After a ballot measure is certified to appear before voters, state courts can still invalidate the measure for various reasons, even after officials have printed the ballots. Lawsuits against ballot measures are common and often result in several being disqualified after certification during each election cycle.
Since 2014, state courts removed or disqualified 16 state ballot measures after officials certified them to appear on the ballot. An average of 2.4 measures were disqualified due to court rulings in each even-numbered election year from 2014 to 2022. As of Sept. 26, 2024, courts have disqualified two ballot measures certified for this year’s general election:
- On September 26, 2024, the Utah Supreme Court ruled that the ballot language for Amendment D, which addressed legislative alterations of voter-approved initiatives, was misleading, and publication deadlines were missed. The opinion said, "The Legislature did not cause the amendment to be published in newspapers throughout the state for two months, and the description that will appear on the ballot does not submit the amendment to voters ‘with such clarity as to enable voters to express their will.'" On September 12, Utah Third Judicial District Court Judge Dianna Gibson ruled against Amendment D, saying, "They [the State of Utah] truncated the deadlines, sidestepped normal processes, and proposed in short order a constitutional amendment, with inaccurate descriptions, to shift power from the people to the Legislature."
- On June 20, 2024, the California Supreme Court ruled that the Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative amounted to a revision of the state constitution and could not go before voters. Justice Goodwin Liu said, “[The initiative] would substantially alter our basic plan of government, the proposal cannot be enacted by initiative.” Article 18 of the California Constitution says that ballot initiatives can amend the state constitution; however, constitutional revisions require a two-thirds vote of each legislative chamber or a vote of delegates at a constitutional convention and voter approval. The California Supreme Court has defined constitutional revisions as changes that alter the basic governmental framework and determined that initiatives cannot make revisions.
There are lawsuits against ballot measures in other states that could result in them being invalidated before the election, including Arizona Proposition 140, Arkansas Issue 2, Nebraska Initiative 437 and Initiative 438, and Utah Amendment A.
Since 2014, eight (50%) of the 16 ballot measures were in Arkansas. Two were removed in both Arizona and California, while one was disqualified in each of the following states: Florida, Kentucky, Pennsylvania, and Utah. Eleven (69%) were citizen-initiated ballot measures, and the other five were legislative referrals. Six (38%) were removed due to issues with signatures. Five (31%) were removed based on state constitutional issues, such as violating single-subject or separate-vote requirements. Five (31%) were removed on account of ballot language issues.
When courts rule against measures after ballots have been printed, voters still see the questions on the ballot, but they’re null or void. Votes won’t be counted in most cases. For 2024, the ballot initiative in California was disqualified in June, months before the general election printing deadline. However, Utah Amendment D was disqualified on Sept. 26 and is printed on ballots (for example, the official ballot for Salt Lake County). Amendment D has no practical effect, and votes won’t be canvassed.
From 2014 to 2023, two ballot measures had votes tabulated and released to the public after being ruled invalid. Votes were not certified, however. Both were pending appeals to their respective state supreme courts, which could have reversed the decisions (neither did in this case). These measures were in Kentucky and Pennsylvania.
Courts can also strike down ballot measures after voters approve them. In 2022, for example, voters approved Missouri Amendment 4, and the Missouri Supreme Court ruled that the ballot language for the amendment was misleading on May 1, 2024. In 2020, voters approved Arizona Proposition 208 and South Dakota Constitutional Amendment A, which courts later struck down and rendered null.
Footnotes
- ↑ NBC News, "GOP efforts to crack down on noncitizen voting extend to state ballot measures," September 14, 2024
- ↑ Utah State Legislature, "S.J.R. 401 Proposal to Amend Utah Constitution - Voter Legislative Power," accessed August 22, 2024
- ↑ This includes combined initiated constitutional amendment and state statute measures.
See also
- 2024 ballot measures
- Ballot initiatives filed for the 2024 ballot
- Ballot Measure Scorecard, 2024
- Ballotpedia's Tuesday Count for 2024
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