As of February 10, 2021, Ballotpedia had tracked 122 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recalls in 34 states in 2021 legislative sessions.
• Legislation to enact or increase existing supermajority requirements for certain ballot measures was introduced in 2021 sessions in six states: Arizona, Arkansas, Florida, Missouri, North Dakota, and South Dakota. Proposed requirements range from 60% to two-thirds (66.67%). Some proposals apply only to citizen-initiated measures, some to constitutional amendments—both citizen-initiated and legislatively referred, and some to measures proposing tax increases or certain levels of funding allocation.
• Bills to increase initiative and referendum signature requirements or signature distribution requirements were introduced in Idaho and Missouri.
• 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, which are currently among the 24 states without the power of citizen-initiated statewide ballot measures.
• A proposal was also introduced in Illinois to remove the state’s very specific subject restriction on ballot initiatives and to establish a process for veto referendums. In Florida, a proposal was introduced to enact a process for initiated state statutes.
• Legislation to change rules for drafting and displaying ballot language, petition language, or voter guide language was introduced in California, Idaho, Missouri, New York, North Dakota, South Dakota, and Washington.
• Other topics include 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.
Many changes—including most proposals to change signature requirements, add or change supermajority requirements, or establish a statewide process for initiative or referendum—are constitutional amendments, which means after legislative approval they would require voter approval to be enacted.
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