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POLITICAL COMMENTARY

Abortion Rights, Elections, Criminal Justice, and Much More: The 2024 State Ballot Issues to Watch

A Commentary By Louis Jacobson

KEY POINTS FROM THIS ARTICLE

— This year, 41 states have at least one measure on the ballot for voters to weigh in on, and many have multiple measures.

— The highest-profile issue on the ballot this year—as was the case in 2022 and 2023—is abortion. In all, 10 states have pro-abortion rights measures on the ballot, including such purple and red states as Arizona, Florida, Missouri, Montana, Nebraska, Nevada, and South Dakota. Nebraska also has an anti-abortion measure on the ballot.

— Voters will also be asked about a wide range of election-related issues, including ranked-choice voting, redistricting and non-citizen voting. Other common topics involve proposals on criminal justice, raising the minimum wage, recreational marijuana, and education policy.

The statewide ballot issues to watch

Once again this year, voters in most states will face at least one question—and in many cases, multiple questions—on their November ballot.

Overall, 41 states will present their voters with ballot measures, a mix of proposals that have made their way to the ballot either by being placed by legislators or by citizens following signature-gathering efforts.

The highest-profile issue on the ballot this year, as was the case in 2022 and 2023, is abortion, an issue that liberals have ridden to victory even in red states after the Supreme Court’s 2022 decision to overturn the national abortion protections in Roe v. Wade.

Voters will also be asked about a wide range of election-related issues, including ranked-choice voting, redistricting, and non-citizen voting.

Other common topics this year—as in past years—involve proposals on criminal justice, raising the minimum wage, recreational marijuana, and education policy.

As we have done in the past, we’re providing a rundown of the key measures on ballots this year, based on tracking by the indispensable Ballotpedia and our own research.

This roundup does not address every single issue on state ballots this year, but it does cover many of them (and the ones we found to be the most interesting from a national perspective). We’ve grouped them by topic.

Abortion

In November, 10 states will have pro-abortion rights measures on the ballot, including such purple and red states as Arizona, Florida, Missouri, Montana, Nebraska, Nevada, and South Dakota. The key question for this year: Can abortion-rights advocates extend their perfect 7-for-7 record since Roe v. Wade was overturned?

The pro-abortion rights measures are: Arizona’s Proposition 139, Colorado’s Amendment 79, Florida’s Amendment 4, Maryland’s Question 1, Missouri’s Amendment 3, Montana’s CI-128, Nebraska’s Initiative 439, Nevada’s Question 6, New York’s Proposal 1, and South Dakota’s Constitutional Amendment G. Of the pro-abortion-rights measures that sought ballot placement this year, only one, in Arkansas, did not make the ballot.

For the parameters of each abortion-related measure, you can see our previous rundown of abortion-related ballot measures, state by state.

In addition to Nebraska’s pro-abortion-rights measure, voters in the state will also consider another measure, Initiative 434, that would prohibit abortion after the first trimester, except in cases of medical emergencies or if the pregnancy is the result of sexual assault or incest. The Nebraska Secretary of State has said the measure that wins more votes will be added to the constitution.

In Florida, where a 60% vote share is required to pass the amendment, a July University of North Florida poll found support at 69%. Other polls have found the amendment with a majority but falling short of 60%.

Late August polls by Fox News in Arizona and Nevada showed the abortion-rights measures in those states winning support from about three-quarters of voters. A September Noble Predictive Insights poll found the Nevada measure ahead by 22 points.

In Missouri, a mid-September Emerson College survey for The Hill found 58% supporting the amendment, 30% opposed, and 12% undecided. An August poll by YouGov and Saint Louis University also found a majority in favor, though a narrower one.

On a related issue, Illinois voters will weigh a non-binding question on assisted reproductive health care, also known as IVF. The measure would advise the state government whether to guarantee that IVF and similar treatments be covered by any health insurance plan in Illinois that provides full coverage to pregnancy benefits.

Ranked-choice voting

Four states will consider instituting ranked-choice voting, a system by which states hold an all-party primary in which a certain number of candidates advance to a general election, and then ranked-choice voting is used in the general election to determine a winner. The idea is to produce candidates with the broadest support and make it harder for more extreme candidates to win with small shares of the vote in multi-candidate races.

Colorado’s Proposition 131 and Idaho’s Proposition 1 would establish top-four primaries, while Nevada’s Question 3 would establish top-five primaries. (State law in Nevada requires certain ballot measures to pass in two consecutive elections; this measure has already passed once, in 2022.) Oregon’s Measure 117 would also establish ranked-choice voting.

Two states already use ranked-choice voting: Maine and Alaska. But Alaska voters will be asked this year in Measure 2 whether they want to repeal that system. Some Republicans have said the system helps Democrats in the state.

Missouri’s Amendment 7 would also prohibit ranked-choice voting from being enacted in the future.

A late-August poll by a Democratic firm found support for the Colorado measure at 56%, while the September poll by Noble Predictive Insights found the Nevada measure leading by double digits.

Other voting formats

Several other states are weighing changes in voting design, though without an explicit reliance on ranked-choice voting.

Arizona has competing measures related to election design. Proposition 140, a citizen-sponsored initiative, would require blanket primaries that include candidates of various parties, with a certain number of top finishers advancing to the general election. Meanwhile, Arizona’s Proposition 133, backed by legislative Republicans, would reject this system and instead require partisan primaries, the format currently in use.

South Dakota’s Constitutional Amendment H would also establish top-two primaries.

Montana has two measures that could shape voting design. CI-126 would establish top-four primaries, while CI-127 would require that candidates win a majority of the vote, rather than a plurality.

Non-citizen voting

Eight states will seek to formally ban voting by non-citizens in their state, all of them either solidly red states or purple states with a Republican legislature. Non-citizen voting is already banned for federal races, but a few jurisdictions, mostly in solidly blue areas, have allowed non-citizens to vote for local offices. These measures would bar that practice, which isn’t in place in these states.

The states weighing measures of this sort are Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin.

Iowa’s measure would also allow 17-year-olds who will be 18 by the general election to vote in primaries.

Redistricting

Ohio’s Issue 1 would establish a 15-member commission of non-politicians to draw state legislative and congressional lines. In September, the Republican-majority state Supreme Court approved ballot wording that critics said would bias voters against the measure.

Campaign finance

Florida’s Amendment 6 would repeal public financing for candidates who agree to limits on spending. It is generally supported by Republicans and opposed by Democrats.

Maine’s Question 1 would set a $5,000 limit on campaign contributions to political action committees that make independent expenditures in candidate races. Maine would be the first state to enact this kind of cap, and experts say it would likely face a court challenge if passed.

Ballot measures about ballot measures

Two states with a Republican legislature are seeking to weaken their state’s ballot measure process. Critics say this would make it harder for voters to advocate for policies opposed by those legislatures, even when they are broadly popular.

In Arizona, Proposition 134 would mandate a signature distribution requirement based on state legislative districts before qualifying a citizen-initiated measure for the ballot. Arizona’s Proposition 136 would also widen the scope for critics to challenge an initiative after it has been filed.

In North Dakota, Constitutional Measure 2 would increase the minimum signature threshold for ballot measures, require approval in two consecutive elections to be enacted, and mandate that measures include only a single subject. Former Gov. Ed Schafer, a Republican, has come out against the measure.

A less controversial measure is Colorado’s Amendment K, which would shift signature filing deadlines by one week. There does not appear to be any organized opposition.

Going in the other direction, California’s Proposition 5 would lower the percentage needed to approve bond measures for housing and public infrastructure, from two-thirds to 55%. The state Democratic Party and other liberal groups support the measure; anti-tax advocates oppose it. The Public Policy Institute of California survey had this measure closely divided.

Other election-related measures

A Connecticut measure would provide for no-excuse absentee voting. An Illinois advisory question would ask whether voters approve establishing penalties for candidate interference with an election worker's duties.

And Nevada’s Question 7 would require that residents present photo ID when voting in person and use the last four digits of their driver's license or Social Security number when by mail. It’s backed by conservatives and opposed by liberals, but overall, Noble Predictive Insights found the measure poised to pass easily. If it passes this year, voters would have to approve it again in 2026 for it to be written into the state constitution.

Minimum wage and sick leave

Voters in five states will weigh whether to increase the minimum wage in their state, a ballot measure topic that has historically fared well at the polls. Alaska’s Measure 1 and Missouri’s Proposition A would increase the minimum wage to $15 an hour, while also requiring employers to provide paid sick leave. Missouri’s measure had 57% support in the YouGov/Saint Louis University survey.

California’s Proposition 32 would raise the state minimum wage even higher, to $18 an hour; it was leading in the PPIC survey.

Two states have ballot measures that could affect tipped workers. In Massachusetts, Question 5 would equalize the minimum wage for tipped and non-tipped workers. Arizona would go the other way; its Proposition 138 would allow tipped workers to be paid 25% less per hour than the minimum wage, with some exceptions.

Nebraska’s Initiative 436 would enact a sick leave requirement but not change the state’s minimum wage level.

Other measures related to workers include Massachusetts’ Question 3, which would allow rideshare drivers to unionize and bargain collectively, and Oregon’s Measure 119, which would mandate a labor agreement before approving licenses or renewals for cannabis companies.

Health care

South Dakota’s Constitutional Amendment F would allow the imposition of a work requirement for people eligible to receive Medicaid under the state’s 2023 expansion. This requirement has been a goal of conservatives in a variety of states.

California’s Proposition 34 would require health care providers to spend 98% of the revenues from a federal discount prescription drug program on direct care to patients, while California’s Proposition 35 would permanently authorize a tax on managed care entities to fund Medi-Cal, the program that runs Medicaid in the state. (Proposition 34 appears to be targeted at just a single organization—see Cal Matters for more on this and the other California ballot measures)

Washington state’s Initiative 2124 would allow employees and the self-employed to opt out of the taxation and benefits for WA Cares, a state program that supports long-term care. Currently, the state program is mandatory. Critics say the measure would gut the program by damaging its financing outlook.

Guns

Colorado’s Proposition KK would apply a 6.5% tax on firearms and ammunition, with the revenues to be used to fund victim services, education, and mental health programs. The measure only narrowly made it out of the state Senate on its way to the ballot.

Criminal justice

Three states are asking voters to approve tough-on-crime policies.

Arizona’s Proposition 313 would require life imprisonment for people convicted of child sex trafficking, while Arizona’s Proposition 314 would allow police to arrest non-citizens who enter the state at locations other than official ports of entry.

California’s Proposition 36 would stiffen penalties for certain drug and theft convictions. A September Public Policy Institute of California survey found 71% support for the measure.

Colorado’s Amendment I would end the right to bail for first-degree murder if the presumption of guilt is strong enough, while Colorado’s Proposition 128 would mandate that those convicted of certain violent crimes serve more of their sentences before becoming eligible for parole.

Meanwhile, measures in three states would expand assistance to law enforcement.

Arizona’s Proposition 311 would establish a $20 fee per conviction, to be used for benefits for families of first responders killed in the line of duty.

Colorado’s Proposition 130 would create the Peace Officer Training and Support Fund to bolster law enforcement recruitment, retention, training, and death benefits.

And Missouri’s Amendment 6 would more formally define how costs and fees can be used to support salaries and benefits for members of law enforcement.

Education

Colorado’s Amendment 80 would enshrine the right to school choice in the state constitution, including private schools, homeschooling, and charter schools. Kentucky’s Constitutional Amendment 2 would allow the state to fund non-public education. Most Democrats and teachers’ unions oppose these measures; conservatives generally support them.

Florida’s Amendment 1 would make school board elections partisan rather than nonpartisan. A 1998 ballot measure had made these races nonpartisan, but partisan polarization in the state has increased since then, especially during the governorship of Republican Ron DeSantis.

Massachusetts’ Question 2 would repeal a high school graduation requirement of minimum scores for students under the Massachusetts Comprehensive Assessment System exam. Supporters, including some teachers’ groups, say preparing for the tests takes time away from other learning. Opponents, including some business groups and policymakers, say the tests have value.

Utah’s Amendment A and Amendment B would tinker with school funding sources.

Two other states have school-related bond questions on the ballot. California’s Proposition 2 would approve $10 billion for public school facilities; it had majority support in the September Public Policy Institute of California poll. New Mexico’s Bond Question 3 would provide $230 million for higher education and other schools, while New Mexico’s Bond Question 2 would support public libraries with $19.3 million. Rhode Island’s Question 2 would approve $160 million in bonds for higher education facilities.

Maine’s Question 2 would approve $25 million in bonds for Maine-based public and private institutions that focus on technological innovation, while Rhode Island’s Question 5 would approve $10 million in bonds for arts and cultural groups.

Housing and human services

California’s Proposition 33 would let jurisdictions in the state allow rent control. It was leading in the September PPIC survey.

Rhode Island’s Question 3 would approve $120 million in bonds to increase housing in the state.

New Mexico’s Bond Question 1 seeks approval for $30 million in bonds for senior citizens’ facilities.

Taxes

A variety of states are asking voters to approve changes in their tax systems.

The most common measures involve property taxes. These include measures to adjust the property tax systems in Arizona, Colorado, Florida, North Dakota, Virginia, and Wyoming, plus two in Georgia and two in New Mexico.

Illinois has an advisory question on whether to create a 3% surtax on income above $1 million. Washington state’s Initiative 2109 would repeal certain capital gains excise taxes for wealthy taxpayers. Opponents say few taxpayers are rich enough to be affected and that the lost revenue could hurt child care programs and school construction.

As for consumer-focused taxes, Nevada’s Question 5 would exempt child and adult diapers from taxation, and Noble Predictive Insights found the measure ahead by a wide margin. South Dakota’s Initiated Measure 28 would end sales taxes on groceries, but not alcoholic beverages or prepared food.

Oregon’s Measure 118 would require that the state rebate a 3% share of corporate tax revenue to residents, possibly amounting to $1,600 per year for every resident. It’s being envisioned as a successor to Alaska’s annual payment to residents, but leading members of both parties have joined business groups in expressing concern about the idea.

Meanwhile, North Dakota’s Constitutional Measure 3 would shift the guidelines for transferring funds from a trust funded by revenue from oil and gas production, while Colorado’s Proposition JJ would allow the state to keep tax revenue above $29 million a year from sports betting. (Speaking of sports betting, Missouri’s Amendment 2 would legalize sports wagering in the state.)

Energy and environment

Two measures in Washington state would benefit energy producers.

Initiative 2117 would roll back parts of the 2021 Washington Climate Commitment Act, the cornerstone of Democratic Gov. Jay Inslee’s climate change agenda, which aimed to cut 95% of greenhouse gas emissions by 2050. It would also prevent state agencies from enacting programs to trade carbon tax credits, which opponents say would not only hurt the environment but would also bleed the state budget.

Initiative 2066 would prevent state and local governments from restricting access to natural gas, an energy source that has been in the crosshairs of some climate change activists.

South Dakota’s Referred Law 21 asks voters to approve a law that sets requirements for regulating carbon dioxide pipelines. Such pipelines have been considered as a way to remove carbon from the atmosphere.

Other environmental measures on the ballot this year address the allocation of funds for conservation.

An amendment in Louisiana would require federal energy production revenues to be deposited in the Coastal Protection and Restoration Fund. Maine Question 4 would approve $30 million in bonds for trails, while Rhode Island’s Question 4 would back $53 million in bonds for environmental-related infrastructure, recreation, and land preservation. Similarly, California’s Proposition 4 would approve $10 billion in bonds for parks, environmental protection, and energy and flood projects. It had strong support in the Public Policy Institute of California survey.

Minnesota Amendment 1 would continue for 25 years the allocation of lottery revenue to the state’s Environment and Natural Resources Fund. (In Minnesota, an amendment must receive 50% of all ballots cast, meaning that blank votes are effectively votes against.)

Social issues

West Virginia’s Amendment 1 would seek to prohibit medically assisted suicide, euthanasia, or mercy killing.

While same-sex marriage has been upheld by the U.S. Supreme Court, measures in three states would repeal older language banning it: California’s Proposition 3, Colorado’s Amendment J, and an amendment in Hawaii.

Marijuana and other drugs

Reviving another popular topic from recent years, ballot measures in four states will ask voters to approve recreational or medicinal marijuana: Florida’s Amendment 3; Nebraska’s Initiative 437 and the related Initiative 438; North Dakota’s Initiated Measure 5; and South Dakota’s Initiated Measure 29.

Massachusetts is testing the waters beyond marijuana, asking voters in Question 4 whether residents 21 and over should be able to grow, possess, and use natural psychedelic substances.

Judiciary

An unusually large number of measures about the judiciary are on the ballot this year.

New Hampshire voters will consider an amendment to raise the mandatory retirement age for judges from 70 to 75. Arizona’s Proposition 137 would end term limits for state Supreme Court justices and Superior Court judges, and also end retention elections in most cases.

Colorado’s Amendment H would establish an independent judicial discipline board. And an amendment on Louisiana’s Dec. 7 ballot would add "malfeasance while in office" to the actions subject to disciplinary proceedings.

Meanwhile, an amendment in Hawaii and New Mexico’s Constitutional Amendment 3 would change aspects of how judges are selected in those states.

Hunting

Florida’s Amendment 2 would place a right to hunt and fish in the state constitution. Colorado’s Proposition 127 would go the other direction, banning trophy hunting of mountain lions, bobcats, and lynx.

Changing outdated constitutional language

Measures in two states—California’s Proposition 6 and Nevada’s Question 4—ask voters to join other states that previously struck constitutional language allowing slavery and/or involuntary servitude. The PPIC survey found the California measure trailing.

North Dakota’s Constitutional Measure 1 asks voters to change several terms in the state constitution: "insane" to "individuals with mental illness," "feebleminded" to "individuals with developmental disabilities," and "deaf and dumb" to "deaf and hard of hearing." (Nevada also has a similar measure on the ballot this year.)

South Dakota’s Constitutional Amendment E asks voters to change male pronouns in the state constitution to gender-neutral terms.

Flags

Maine’s Question 5 would replace the current flag, which features the state seal, with one featuring a pine tree and the North Star, a close variant of a design from 1901.

Miscellaneous governance

Arizona’s Proposition 315 would seek to curb proposed regulations if they exceed $500,000 in expected costs within five years, unless the legislature affirmatively approves it.

An Indiana amendment would remove the superintendent of public instruction from the gubernatorial line of succession, while an Iowa amendment would confirm that the lieutenant governor assumes the governorship if the governor dies, resigns, or is removed from office.

Massachusetts Question 1 would allow the state auditor to audit the state legislature.

Nevada Question 1 would allow the state legislature greater control over the Board of Regents, which governs state universities.

Oregon Measure 115 would allow the legislature to impeach elected state executives, while Oregon’s Measure 116 would create an Independent Public Service Compensation Commission to set public officials' salaries.

And Rhode Island’s Question 1 would call for a state constitutional convention.

Louis Jacobson is a Senior Columnist for Sabato’s Crystal Ball. He is also the chief correspondent at the fact-checking website PolitiFact and is senior author of the Almanac of American Politics 2024. He was senior author of the Almanac’s 2016, 2018, 2020, and 2022 editions and a contributing writer for the 2000 and 2004 editions.

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