Local Direct Democracy  IV

The States, the  reference of the local ? 

State-wide referendums are increasingly common and cover various topics, including abortion, drug use policy, minimum wage, citizenship, electoral systems. and criminal justice. Emerging trends also include changes to the ballot initiative process, same-sex marriage, and school choice.

There are two main types of referendums, with each state defining its own rules:

- Legislatively Referred State Statute: A measure placed on the ballot by a vote of the state legislature.

- Veto Referendum:  citizens can gather signatures to force a vote on a recent statute or bill.

ABORTION

Abortion has been a subject of statewide ballot measures since the 1970s. In 2022, following the Dobbs v. Jackson Women’s Health Organization ruling, a record number of abortion-related measures appeared on the ballot, including three from pro-choice campaigns. In 2023, Ohio voters approved Issue 1. On November 5, voters faced 11 abortion-related measures, the highest for a single year. Voters approved seven measures in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three were rejected in Florida, Nebraska, and South Dakota. One measure in Nebraska limited the timeframe for performing an abortion. 

THE RESULTS

Source: ballotpedia.org  2016- 2024

TRUMP AND HARRIS COMMENT

Both Vice President Kamala Harris (D) and former President Donald Trump (R) commented on the ballot measure trend. Harris said, “Since Roe was overturned, every time reproductive freedom has been on the ballot, the people of America voted for freedom. From Kansas to California to Kentucky, in Michigan, Montana, Vermont, and Ohio, the people of America voted for freedom.”

Harris endorsed several of the right-to-abortion ballot initiatives in 2024.

Trump said, "But the people of Ohio decided. The people of Kansas decided. The people are now deciding, and it's taken it off the shoulders of the federal government. Always, they wanted it to be decided by the states, and Roe v. Wade didn't do that. It put it into the federal government. So, now, states are voting on it."

Trump, a resident of Florida, said he will vote "no" on Florida Amendment 4, which would provide a state constitutional right to abortion.

ARIZONA  TURNOUT 74,33% APPROVED 

 

Proposition 139 Election Results: Right to Abortion

This proposition would amend the state Constitution to establish a fundamental right to the procedure, limiting the state’s power to interfere with this right before fetal viability.

 

YES 2,000,287

NO 1,246,202

TOTAL 3,246,489

REGISTERED VOTES 4,367,593

COLORADO  TURNOUT 67,07 %   APPROVED

 

Amendment 79Provide for a state constitutional right to abortion and repeal provision banning the use of public funds for abortions

YES  1,921,593

 

NO 1,179,261

TOTAL 3,100,854

 

REGISTERED VOTES 4,622,650

FLORIDA   78,76%  REJECTED

the highest turnout rate in any Florida voters since 1922

 

Amendment 4Provide for a state constitutional right to abortion before fetal viability

YES 4,548,379

NO 6,070,758

TOTAL 10,619 137 

REGISTERED VOTES

13,949,168

 MARYLAND 69%  APPROVED

 

Question 1Provide for a state constitutional right to reproductive freedom, defined to include abortion

YES  2,199,319

NO 692,219

TOTAL 2,891,538

 REGISTERED VOTES  4,185,173

MISSOURI   69,34 % ADOPTED

 

Amendment 3Provide for a state constitutional right to reproductive freedom, defined to include abortion

 YES 1,538,659 

NO 1,443,022 

TOTAL  2, 981,681

REGISTERED VOTERS: 4,300, 000 

MONTANA   75,7 % APPROVED

CI-128Provide for a state constitutional right to abortion before fetal viability

YES 345,070

NO 252,300

TOTAL  597,370

REGISTERED VOTERS  788,403

NEBRASKA 1   73, 3% ADOPTED

 Initiative 434 Prohibit abortion after the first trimester, except in cases of medical emergencies or if the pregnancy is the result of sexual assault or incest

YES 509,288 

NO 417,624

TOTAL 926, 912

REGISTERED VOTERS 1,264,040

NEBRASKA 2  REJECTED  50.9%

Initiative 439 Provide for a state constitutional right to abortion before fetal viability

YES 455,184

NO 473,652

TOTAL 928,836

NEVADA    69.1 % APPROVED 

Question 6Provide for a state constitutional right to abortion before fetal viability

YES 905,170 

NO 501,232 

TOTAL  1,406, 402

REGISTERED VOTERS 2,035,166

 

NEW YORK  STATE  55.9 % APPROVED

Proposal 1Provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy"

YES 4,757,097 

NO 2,857,663 

TOTAL  7,614,760

REGISTERED VOTERS  13,600,000

 

 

SOUTH DAKOTA  68.4 % REJECTED

Constitutional Amendment GProvide for a state constitutional right to abortion with a trimester framework for regulations

YES 176,809 

NO 250,136 

TOTAL  426,945

REGISTERED VOTERS  624,175

 

 

OTHER TOPICS 

Citizenship: Since 2018, state-level bans on noncitizen voting have increased, with six states approving such measures from 2018 to 2022. In 2024, eight states—Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin—passed constitutional amendments to prohibit noncitizen voting, all of which were approved by voters.

Electoral Systems Ballot initiatives have significantly influenced electoral system changes in the U.S. In 2024, a record number of statewide measures on ranked-choice voting (RCV) were rejected. Voters in Colorado, Idaho, Nevada, and Oregon turned down RCV proposals, while Alaska repealed its RCV initiative from 2020. However, Washington, D.C., approved an RCV initiative. In Arizona, Proposition 140 aimed to replace partisan primaries with a system where candidates appeared on a single ballot, while Proposition 133 sought to prohibit such systems, and both were rejected. Montana voters also turned down proposals for top-four primaries and majoritarian voting systems. In South Dakota, Amendment H, which would have replaced partisan primaries with top-two primaries, was defeated

Criminal justice -In 2024, voters in Arizona, California, and Colorado overwhelmingly approved important ballot measures concerning criminal justice, law enforcement, and police funding. In Arizona, Proposition 313 mandates life imprisonment for those convicted of child sex trafficking. Proposition 314 enhances law enforcement authority by allowing police to arrest noncitizens at various locations, enabling judges to order deportations, and establishing a felony for the sale of lethal fentanyl. California voters decisively supported Proposition 36, which increases penalties for certain drug crimes and theft, revising the previous Proposition 47. In Colorado, voters approved three key measures: Amendment I eliminates bail rights in first-degree murder cases, Proposition 128 extends sentences for certain violent crimes before parole eligibility, and Proposition 130 allocates funding for law enforcement recruitment and training.

Minimum Wage  - Historically, between 1996 and 2022, 28 initiatives to raise the minimum wage were presented, with 26 approved. In 2024, Alaska and Missouri sought to raise the minimum wage to $15 per hour, while California voters rejected an $18 proposal. Massachusetts voters defeated a measure to equalize the minimum wage for tipped workers, and Nebraska approved a paid sick leave initiative. Arizona voters rejected Proposition 138, which would have allowed tipped workers to be paid 25% less than the minimum wage. In 2024, the minimum wage was $14.35, allowing tipped workers to earn $11.35 per hour as long as their wages and tips met the minimum wage standard.

The decline of local and direct democracy is evident due to challenges faced by the Open Meetings model. Nonetheless, turnout rates remain high and impressive in referendums concerning sensitive topics