Direct Democracy Under Attack
How politicians are scheming to make ballot initiatives impossible to pass
When politicians fail to act, ballot initiatives are the only way voters can go around them to pass laws. But now, self-interested politicians and special interests are trying to silence the voters by making initiatives all-but-impossible to pass. Their plan goes through state legislatures and the Supreme Court, and would mean decades of democracy victories are overturned and the people no longer have a voice.
Find out where these attacks are underway using the interactive map below.
The Attack on
Ballot Initiatives
- Requires super-majority vote for passage
- Requires simple-majority vote for passage
- Does not have a state-wide ballot initiative process
- # of state attacks in the last 5 years
- Where key voter-passed laws are threatened by SCOTUS case
- Where super-majority attack is on the ballot in November
Hover overTap table cells for source information and links:
State
Does your state have a citizens initiative process?
What is the threshold to pass a ballot initiative?
# of attacks on the ballot initiative process in the last 5 years
This is a sampling of key pro-voter wins that could be at risk following the Moore v. Harper SCOTUS case. An unfavorable ruling next year could mean that down the road, these laws wouldn’t apply to federal elections. We will be updating this list for all 50 states in the coming weeks.
For more information, see Moore v. Harper, Explained.
Does SCOTUS case threaten key citizen-initiated election law?
Alabama
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Alaska
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
In 2020, Alaska voters passed Measure 2, which required persons and entities that contribute more than $2,000 to disclose the true sources (as defined in law) of the political contributions; replaced partisan primaries with open top-four primaries for state executive, state legislative, and congressional offices; and established Ranked Choice Voting for general elections — including the presidential election. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Ranked Choice Voting
Arizona
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
This November, Arizona voters will weigh in on Prop 132, which would institute a supermajority (60%) threshold to pass initiatives that increase taxes.
# of attacks on the ballot initiative process in the last 5 years
4
Most recent attack: 2022
In 2000, Arizona voters passed Proposition 106, which created an independent redistricting commission to re-draw the state’s legislative and congressional district lines. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Redistricting commission
Arkansas
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
This November, Arkansas voters will weigh in on Issue 2, which would institute a supermajority (60%) threshold to approve constitutional amendments and ballot initiatives.
# of attacks on the ballot initiative process in the last 5 years
3
Most recent attack: 2022
Does SCOTUS case threaten key citizen-initiated election law?
California
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
In 2008, California voters passed Prop 11 to establish a congressional redistricting commission. In 2010, voters passed Prop 14 to implement top-two primaries for congressional races. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Top-two primaries, redistricting commission
Colorado
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority for statutory initiatives, 55% approval required for constitutional amendments
# of attacks on the ballot initiative process in the last 5 years
1
Most recent attack: 2017
Does SCOTUS case threaten key citizen-initiated election law?
Connecticut
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Delaware
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Florida
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority for statutory initiatives; 60% approval required for constitutional amendments; 2/3 required if a new state tax or fee would be imposed
# of attacks on the ballot initiative process in the last 5 years
10
Most recent attack: 2021
Does SCOTUS case threaten key citizen-initiated election law?
Georgia
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Hawaii
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Idaho
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Illinois
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority for statutory initiatives; 3/5 approval required for constitutional amendments
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Indiana
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Iowa
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Kansas
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Kentucky
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Louisiana
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Maine
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
1
Most recent attack: 2019
In November of 2016, Mainers voted to adopt Ranked Choice Voting for congressional elections through a ballot initiative. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Ranked Choice Voting
Maryland
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Massachusetts
Does your state have a citizens initiative process?
Yes
Simple majority, if at least 30% of voters participating in the election voted on the initiative/amendment
What is the threshold to pass a ballot initiative?
Simple majority plus turnout requirement
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Michigan
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
In 2018, Michigan voters passed Prop 3 to allow no-excuse absentee voting (also known as Vote by Mail) in federal elections. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – No-excuse absentee voting (Vote by Mail)
Minnesota
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Mississippi
The Mississippi Legislature ended the 2022 session not restoring the initiative process that allowed citizens to place issues on the ballot for voters to decide.
Does your state have a citizens initiative process?
Yes*
Simple majority, if at least 40% of voters participating in the election voted on the constitutional amendment
What is the threshold to pass a ballot initiative?
Simple majority plus turnout requirement
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Missouri
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
29
Most recent attack: 2022
Does SCOTUS case threaten key citizen-initiated election law?
Montana
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Nebraska
Does your state have a citizens initiative process?
Yes
Simple majority, if at least 35% of voters in the election voted on the initiative or amendment
What is the threshold to pass a ballot initiative?
Simple majority plus turnout requirement
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Nevada
Does your state have a citizens initiative process?
Yes
Simple majority for constitutional amendments in two consecutive general elections
What is the threshold to pass a ballot initiative?
Simple majority*
# of attacks on the ballot initiative process in the last 5 years
1
Most recent attack: 2017
In 2018, Nevada voters passed Question 5, which automatically registers eligible citizens to vote when they receive or update their driver’s license or identification card, and automatically updates their registration if they change their address, unless they choose to decline. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Automatic Voter Registration
New Hampshire
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
New Jersey
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
New Mexico
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
New York
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
North Carolina
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
North Dakota
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
5
Most recent attack: 2021
Does SCOTUS case threaten key citizen-initiated election law?
Ohio
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
2
Most recent attack: 2018
Does SCOTUS case threaten key citizen-initiated election law?
Oklahoma
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
# of attacks on the ballot initiative process in the last 5 years
5
Most recent attack: 2022
Does SCOTUS case threaten key citizen-initiated election law?
Oregon
Does your state have a citizens initiative process?
Yes
*exception for any statutory initiative that proposes a supermajority requirement, must pass by that supermajority to approve
What is the threshold to pass a ballot initiative?
Simple majority*
# of attacks on the ballot initiative process in the last 5 years
In 1998, Oregon voters passed Measure 60 which allowed for Vote by Mail in biennial primary and general elections. A Supreme Court ruling on Moore v. Harper could threaten this law passed by voters.
Does SCOTUS case threaten key citizen-initiated election law?
Yes – Vote by Mail
Pennsylvania
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Rhode Island
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
South Carolina
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
South Dakota
Does your state have a citizens initiative process?
Yes
What is the threshold to pass a ballot initiative?
Simple majority
South Dakota voters rejected a supermajority threat in June 2022.
# of attacks on the ballot initiative process in the last 5 years
3
Most recent attack: 2022
Does SCOTUS case threaten key citizen-initiated election law?
Tennessee
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Texas
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Utah
Does your state have a citizens initiative process?
Yes
*exception for laws about the taking of wildlife, which require a 2/3 supermajority vote
What is the threshold to pass a ballot initiative?
Simple majority*
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
Vermont
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Virginia
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Washington
Does your state have a citizens initiative process?
Yes
Simple majority for statutory initiatives, if at least 1/3 of voters participating in the election voted on the initiative
What is the threshold to pass a ballot initiative?
Simple majority plus turnout requirement
# of attacks on the ballot initiative process in the last 5 years
1
Most recent attack: 2019
Does SCOTUS case threaten key citizen-initiated election law?
West Virginia
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Wisconsin
Does your state have a citizens initiative process?
No
What is the threshold to pass a ballot initiative?
n/a
# of attacks on the ballot initiative process in the last 5 years
n/a
Does SCOTUS case threaten key citizen-initiated election law?
Wyoming
Does your state have a citizens initiative process?
Yes
Simple majority, if more than 50% of those participating in the preceding election cast votes on the initiative
What is the threshold to pass a ballot initiative?
Simple majority plus turnout requirement
# of attacks on the ballot initiative process in the last 5 years
Does SCOTUS case threaten key citizen-initiated election law?
RepresentUs is working to expand and defend the ballot initiative process in cities and states across the country