At least 123 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recall were introduced in the 2021 legislative sessions of 34 states. At least eight had been approved so far.
Here are some of the most notable changes to ballot measure law passed and proposed in 2021:
- The Utah Legislature passed and Gov. Spencer Cox (R) signed a proposal to ban pay-per-signature, among multiple other changes to the initiative process.
- The South Dakota Legislature referred a constitutional amendment to the 2022 ballot that would require a 60% supermajority vote for future ballot measures that increase taxes or fees or that require the state to appropriate $10 million or more in the first five fiscal years.
- The legislature referred the amendment to the June 2022 ballot, and voters must approve it before it is enacted.
- Proponents of a Medicaid expansion initiative opposed and filed legal challenges regarding the inclusion of HJR 5003 on the June ballot saying it was unfair to apply new supermajority requirement rules for an initiative with an ongoing petition drive campaign.
- Legislation to enact or increase supermajority requirements for ballot measures was introduced in 2021 sessions in seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota. Proposed requirements range from 60% to two-thirds (66.67%). Some proposals apply only to citizen-initiated measures but not referrals, some to constitutional amendments—both citizen-initiated and legislatively referred, and some to measures proposing tax increases or certain levels of funding allocation.
- The Idaho Legislature passed a bill to change the state’s distribution requirement to require signatures from 6% of voters from all 35 legislative districts for ballot initiatives and veto referendums instead of the existing requirement of 6% of voters from 18 of the state’s legislative districts.
- In 2019, the Idaho Legislature passed but the governor vetoed a pair of bills that were designed to increase the state’s initiative signature requirement and its distribution requirement, among other changes.
- The 2021 law was passed by more than the two-thirds majority required to override a veto in each chamber.
- When the Idaho Legislature approved SB 1110, Former Idaho Supreme Court Justice Jim Jones submitted a petition with about 16,000 signatures to Gov. Little asking him to veto the bill.
- Bills to increase initiative and referendum signature requirements or signature distribution requirements were introduced in Idaho, Missouri, Montana, and Oklahoma.
- Bills to enact single-subject rules for ballot initiatives were introduced in Arizona, Mississippi, and North Dakota.
- Bills to require certain disclosures and details regarding their single-subject rules were also introduced in 2021 in Nebraska and South Dakota.
- Proposals to establish statewide initiative, referendum, or recall processes were introduced in Connecticut, Hawaii, Kansas, Kentucky, New Jersey, New York, South Carolina, and Tennessee.
- Other topics addressed by 2021 legislation include drafting and displaying ballot language, petition language, and voter guide language; signature removal; signature verification; filing fees; ballot and voter guide argument fees and requirements; deadlines and process changes; procedures and requirements for legal challenges; and election date requirements.