Voters in 18 states have decided 41 death penalty ballot measures since 1912

By

Briana Ryan

Welcome to the Wednesday, Sept. 3, Brew.

By: Briana Ryan

Here’s what’s in store for you as you start your day:

  1. Voters in 18 states have decided 41 death penalty ballot measures since 1912
  2. Democrats outperform 2024 presidential margins in 2025 special elections
  3. Helena to hold first mayoral primary since 2001

Voters in 18 states have decided 41 death penalty ballot measures since 1912

Since 1912, voters in 18 states have decided 41 ballot measures related to the death penalty.

Measures that would permit the death penalty were more common than measures that would abolish it. Out of the 41 measures, 11 would have abolished the death penalty, while 22 proposed reinstating, permitting, or requiring the death penalty for certain crimes. The other eight measures addressed topics related to the death penalty process, such as the appeals process or means of execution.

Voters approved ballot measures permitting, reinstating, or requiring the death penalty at a higher rate than those proposing to abolish it. They approved 20 of 22 such measures (91%) in 12 states, compared to 3 of 11 measures (27%) in six states that proposed abolition.

California had the most death penalty measures, with nine. California voters approved the state’s first death penalty-related ballot measure in 1972. That measure was after the U.S. Supreme Court ruled in Furman v. Georgia that existing death penalty statutes were unconstitutional because states applied them arbitrarily and capriciously.

The first death penalty measures appeared on statewide ballots in the 1910s. Before 1910, at least three states—Michigan, Rhode Island, and Wisconsin—had abolished the death penalty.

In the 1910s, Arizona, Ohio, and Oregon put measures on their ballots to abolish the death penalty. Also in the 1910s, voters in Ohio and Oregon abolished the death penalty after initially rejecting similar measures. By 1920, five of six states that had abolished it had reinstated it.

In 1933, Arizona voters approved an amendment permitting the use of lethal gas. By 1950, electrocution was the prevalent method of execution in 26 states. In 1955, 11 states introduced the use of lethal gas. Between 1957 and 1969, Hawaii, Alaska, Delaware, Michigan, Oregon, Iowa, New York, West Virginia, Vermont, and New Mexico abolished the death penalty.

In 1972, the U.S. Supreme Court ruled in Furman that existing death penalty statutes were unconstitutional because states applied them arbitrarily and capriciously. This decision prompted states to put measures on the ballot to permit the death penalty again under the new legal guidelines. 

Florida was the first state to pass new death penalty laws following the Furman ruling. Between 1972 and 1975, voters in California, Rhode Island, Colorado, and Washington passed amendments permitting the death penalty.

By 1975, 30 states had passed laws resuming capital punishment. In Gregg v. Georgia (1976), the U.S. Supreme Court upheld the constitutionality of the state laws.

Throughout the 1990s and 2000s, more states put measures on the ballot to reinstate or permit the death penalty for certain crimes. In the 1990s, voters in California, Florida, and New Jersey approved measures permitting the death penalty. In the 2000s, California, Florida, and Wisconsin voters all passed amendments permitting the death penalty for certain crimes. In the 2010s, voters in California and Oklahoma decided on three death penalty measures. 

The most recent state to approve a measure permitting the death penalty was Oklahoma in 2016. The last time voters approved a measure to abolish the death penalty was in Oregon in 1964. They previously rejected measures to do so in 1966, 1970, 2012, and 2016.

Eight other death penalty measures, unrelated to abolishing or permitting capital punishment, were also on the ballot. These measures related to other death penalty policies, including the method of execution, the appeals process, pardons, or other procedures. Voters approved all of these measures.

For a more complete analysis of all the measures that voters have considered on the death penalty, click here. To see a comprehensive list of all measures related to the death penalty, click here.

Democrats outperform 2024 presidential margins in 2025 special elections

So far this year, 29 of the 34 special state legislative elections resulted in the Democratic candidate running ahead of Kamala Harris’ (D) performance in those districts in the 2024 presidential election.

This trend is present in the three most recent special elections as of Sept. 1. Here’s a look at the election results:

In the March 14 Daily Brew, we told you about the 10 special elections that had happened up to that point. Here’s a look at all of the special elections that have happened since then, their margins of victory, and how those results compare to other recent election results in each district:

Similarly, 14 of the 25 special elections during this period in 2021 resulted in the Republican candidate running ahead of Trump’s performance in those districts in the 2020 presidential election.

So far this year, special elections for four seats—including Iowa Senate District 1— resulted in a change in party control of the seat. The other seats include:

In special elections from 2010 to 2024, 121 state legislative seats changed partisan control. Democrats won 66 seats, Republicans won 49 seats, and independent and minor-party candidates won six seats.

Click here for more information about the state legislative special elections this year.

Helena to hold first mayoral primary since 2001

On Sept. 9, Helena, Montana, will hold its first mayoral primary since 2001 due to a state law requiring primaries for a single position with at least five candidates in any election.

Emily Dean, Sonda Gaub, Braxton Hudson, Chris Riccardo, and Andy Shirtliff are running in the nonpartisan primary election. Incumbent Mayor Wilmot Collins is not running for re-election. Although the position is officially nonpartisan, Collins is a Democrat.

Dean has served on the Helena City Commission since 2020 and is mayor pro tem. She is also the Montana School Boards Association’s director of engagement. Dean’s priorities include:

  • Increasing affordable housing
  • Investing in emergency services
  • Modernizing city infrastructure

Gaub represents District 2 on the Helena Citizens’ Council and is the council’s vice chair. She is also a small business owner and former teacher. Gaub’s priorities include:

  • Improving public safety
  • Supporting small businesses
  • Increasing transparency in city government

Hudson is a receptionist at Associated Dermatology. His priorities include:

  • Increasing affordable housing
  • Improving public transportation
  • Repairing sidewalks

Riccardo is a ceramic artist and the co-founder of Omerta Arts. He previously served as executive director of the Holter Museum of Art. Riccardo’s priorities include:

  • Supporting local businesses
  • Improving public safety
  • Addressing affordable housing

Shirtliff has served on the Helena City Commission since 2022. He is also the Montana Building Industry Association’s executive director. Shirtliff’s priorities include:

  • Improving city services and communication
  • Addressing affordable housing
  • Encouraging entrepreneurship

Thirteen of the 50 U.S. state capitals, including Helena, will hold mayoral elections this year. So far, a general election has happened in one city—Jackson, Mississippi. That election did not result in partisan change. 

The partisan breakdown of the 50 U.S. state capitals’ mayors is 35 Democrats, seven Republicans, one independent, and two nonpartisans. Five mayors’ partisan affiliations are unknown.

To read more about the nonpartisan primary for mayor of Helena, click here. Also, if you’re a Helena voter, check out our Sample Ballot Lookup here to prepare for Election Day.