Reviewing 2022 Ballot Measures

Ballot Initiatives

Explained. In the U.S., many states allow citizens to enact policies by approving ballot initiatives. The rules for these measures vary by state, but advocates often use the process to bypass the state legislature. While the procedure for getting an initiative on the ballot differs from state to state, it typically requires filing the proposal with a state official and obtaining a specified amount of signatures to show the measure has public support. These ballot initiatives usually come in the form of a question on the ballot. They appear alongside elected representatives and are more commonly used by towns, cities, and counties. As with the qualification rules, these measures must meet different thresholds for success depending on the state. While most initiatives only need a simple majority to pass, some states impose additional requirements, such as a certain percentage of the public voting on the measure or a larger majority backing the proposal.

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Controversy. While ballot initiatives have seen notable successes, many states do not allow the practice, and others have sought to curtail their effectiveness. State lawmakers that oppose the practice generally argue that enacting policy changes is the legislature’s responsibility, not advocates. These opponents say initiative proponents often fail to understand the intricacies of existing laws or the potential impacts of their proposed policies. Such opposition comes from both sides of the aisle, typically in states where one party dominates the legislature — like New York and Texas. Some historians note that the party out of power often favors ballot measures, while the one in the majority regularly opposes them. Lobbying groups also tend to resist ballot initiatives, finding it much easier to influence individual legislators than the entire public. Others criticize the process as being susceptible to out-of-state interests that often spend significant sums to influence ballot measure campaigns.

2022 Midterms. In the latest midterm elections, voters across 37 states decided on 132 statewide ballot initiatives. They covered a broad range of topics, including abortion, marijuana, and forced prison labor. In some states, legislatures proposed measures to restrict the ballot initiative process. The 132 initiatives saw varying degrees of success, and many remain too close to call, but their broader use as a way for the public to affect policy change proved effective once again.

Overview of 2022 Measures

Abortion. While some states sought to ban elements of abortion, others codified abortion in their state constitutions. California passed a ballot initiative — Proposition 1 — to instate that one cannot “deny or interfere with an individual’s reproductive freedom in their most intimate decisions,” including decisions to have an abortion or to choose or refuse contraceptives. Likewise, Michigan’s Proposal 3 and Vermont’s Amendment enshrined a constitutional right to “reproductive freedom.”

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Other the other end of the spectrum, Amendment 2 in Kentucky failed to add to the state constitution that there is no right to abortion or government funding for abortions. Perhaps most controversially, Montana’s LR-131 failed on a thin margin. The initiative would have “required medical care to be provided to infants born alive after an induced labor, cesarean section, attempted abortion, or another method.”

Marijuana. The legalization of marijuana has become a growing ballot initiative since Colorado popularized the move. During the 2022 midterm elections, five states voted on legalizing pot, with only two succeeding. Question 4 in Maryland and Amendment 3 in Missouri both legalized possession of marijuana for individuals over the age of 21 and with state sales taxes on the product. Measure 27 in South Dakota, Issue 4 in Arkansas, and Measure 2 in North Dakota, which would enact similar policies, failed.

Vox

Voting Changes. Voters also weighed ballot initiatives covering election policies. Across five states, ballot measures proposed changes to states’ voting procedures — some broadening access while others imposed more requirements. In Nebraska, voters approved a measure to require photo identification to vote. In Arizona, a measure that would increase the requirements to cast a ballot remains too close to call. In Ohio, voters backed an initiative that prevents localities from allowing noncitizens to vote. Meanwhile, results from a ballot measure in Nevada looking to drastically change the state’s primary system and introduce ranked-choice voting remain to be seen. Michigan and Connecticut also weighed several changes to how they conduct elections in their states.

Discussion Questions

1. Are ballot measure processes not involving the state legislature — often called direct initiatives — a good idea? Why or why not?
2. Are ballot initiatives vulnerable to out-of-state influence and spending, as critics suggest? Explain your view.
3. Why do you think measures restricting abortion access failed in traditionally conservative states like Kentucky or Montana?
4. Do you see any trends in states that have approved initiatives legalizing marijuana? What about those that rejected them?
5. Is there any pattern to the results of 2022 ballot measures changing voting laws? If so, what is it?

Classroom Content

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PBS NewsHour

Voters will decide critical statewide ballot measures in midterm election

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• 9/18/2022

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