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Two-election approval for ballot measures
A two-election approval requirement provides that voters must approve a ballot measure at two elections. Most two-election approval proposals have been for citizen-initiated constitutional amendments.
Of the 26 states that provide for statewide citizen-initiated ballot measures, only one state—Nevada—has a two-election approval requirement, which applies to initiated constitutional amendments.
Requirements by state
Nevada
In Nevada, citizen-initiated constitutional amendments must be approved at two successive general elections. As of 2024, Nevada is the only state with this type of requirement. In 1962, voters approved Question 2, which replaced the state's indirect initiated constitutional amendment process with a direct initiative process that included the two-vote requirement. Following 1962, the first initiated constitutional amendment to be approved was in 1980, triggering the two-vote requirement for the first time.
From 1980 to 2024, voters approved 19 initiated constitutional amendments at least once. Excluding Question 6 and Question 7 from 2024, which must be approved again in 2026, voters approved 13 of 17 (76.5%) and rejected four (23.5%) during the second vote. The share of votes for 'yes' the second time declined for 14 of 17 (82.4%) ballot initiatives, with an average change of minus 8.7 percentage points. The ballot measure that had the largest decline was Question 3, which addressed energy regulations, of 2016 and 2018. In 2016, Question 3 received 72.4% of the vote. In 2018, Question 3 received 33.0%, a 39.4 percentage point decrease.
The ballot measure with the largest vote increase between elections was Question 9, which legalized medical marijuana, of 1998 and 2000. In 1998, Question 9 received 58.7%, and, in 2000, Question 9 received Question 9 received 65.4%.
| First Vote | Measure | Yes % | Outcome | Second Vote | Measure (2nd) | Yes % (2nd) | Outcome (2nd) | Enacted | Change |
|---|---|---|---|---|---|---|---|---|---|
| 1980 | Question 8 | 77.29% | Approved | 1982 | Question 8 | 75.67% | Approved | Yes | -1.62% |
| 1980 | Question 9 | 70.31% | Approved | 1982 | Question 9 | 41.23% | Defeated | No | -29.08% |
| 1988 | Question 9 | 82.24% | Approved | 1990 | Question 9 | 72.32% | Approved | Yes | -9.92% |
| 1994 | Question 8 | 69.97% | Approved | 1996 | N/A[1][2] | N/A | Removed | No | N/A |
| 1994 | Question 9 | 70.44% | Approved | 1996 | Question 9A[3][4] | 54.30% | Approved | Yes | -16.14% |
| 1996 | Question 9B[3][4] | 41.00% | Defeated | No | -29.44% | ||||
| 1994 | Question 10 | 77.20% | Approved | 1996 | Question 10 | 70.98% | Approved | Yes | -6.22% |
| 1994 | Question 11 | 78.12% | Approved | 1996 | Question 11 | 70.52% | Approved | Yes | -7.60% |
| 1996 | Question 17 | 53.20% | Approved | 1998 | Question 17 | 56.74% | Approved | Yes | 3.54% |
| 1998 | Question 9 | 58.65% | Approved | 2000 | Question 9 | 65.38% | Approved | Yes | 6.73% |
| 2000 | Question 2 | 69.62% | Approved | 2002 | Question 2 | 67.20% | Approved | Yes | -2.42% |
| 2004 | Question 1 | 56.64% | Approved | 2006 | Question 1 | 54.65% | Approved | Yes | -1.99% |
| 2004 | Question 6 | 68.39% | Approved | 2006 | Question 6 | 68.71% | Approved | Yes | 0.32% |
| 2006 | Question 2 | 63.11% | Approved | 2008 | Question 2 | 60.81% | Approved | Yes | -2.30% |
| 2016 | Question 3 | 72.36% | Approved | 2018 | Question 3 | 32.95% | Defeated | No | -39.41% |
| 2016 | Question 4 | 71.80% | Approved | 2018 | Question 4 | 67.38% | Approved | Yes | -4.42% |
| 2018 | Question 6 | 59.28% | Approved | 2020 | Question 6 | 57.94% | Approved | Yes | -1.34% |
| 2022 | Question 3 | 52.94% | Approved | 2024 | Question 3 | 47.04% | Defeated | No | -5.90% |
| 2024 | Question 6 | 64.03% | Approved | 2026 | N/A | N/A | TBD | N/A | N/A |
| 2024 | Question 7 | 73.30% | Approved | 2026 | N/A | N/A | TBD | N/A | N/A |
Ballotpedia tracked four ballot measures related to two-election approval requirements. Voters approved one—Nevada's—and rejected three.
| State | Year | Measure | Type | Description | Outcome |
|---|---|---|---|---|---|
| North Dakota | 2024 | Constitutional Measure 2 | LRCA | Require that initiated constitutional amendments be approved at a primary and succeeding general election, among other changes |  |
| Florida | 2020 | Amendment 4 | CICA | Require that constitutional amendments be approved at two general elections | |
| North Dakota | 2020 | Constitutional Measure 2 | LRCA | Require that initiated constitutional amendments receive approval from voters and the legislature or voters at two elections | |
| Nevada | 1962 | Question 2 | LRCA | Make the initiated constitutional amendment process direct, rather than indirect, and require that an initiated constitutional amendment be approved at two successive general elections |  |
See also
Footnotes
- ↑ Note: Attorney General Frankie Sue Del Papa (D) issued Opinion No. 95-17 on August 30, 1995, which followed U.S. Term Limits, Inc. v. Thornton. The opinion held that “… since the United States Supreme Court has determined that state-imposed term limits on congressional representatives violate the United States Constitution, the Secretary of State may not proceed with placing Question 8 on the general election ballot in 1996.”
- ↑ Nevada State Legislature, "Attorney General Opinion No. 95-17," August 30, 1995
- ↑ 3.0 3.1 The Nevada Supreme Court ruled that Question 9 (1994) should be divided into two questions for the election on November 5, 1996. The court held, "Voters, while favoring term limits in general, may fail to distinguish between the varying impacts on different branches of government. ... Therefore, we direct that the next time the initiative appears on the ballot, it be severed and presented in the form of two questions, enabling voters to vote yes or no in regard to term limits for non-judicial public officers and yes or no in regard to term limits for judges and justices."
- ↑ 4.0 4.1 Nevada Supreme Court, "Nevada Judges Association v. Lau," January 31, 1996
