WASHINGTON, D.C. — Lawmakers in more than 15 states have introduced over 100 bills targeting the ballot measure process in the opening days of 2026, raising concerns about potential disruptions to voters’ fundamental rights, according to the Fairness Project, a national organization focused on ballot initiatives.
As of February 2025, the Fairness Project also reported that lawmakers have introduced over “40 draft constitutional amendments” to restrict voters’ access to ballots, with six states seeking to raise the threshold for ballot measures to 60% in an effort to enact what critics describe as “minority rule.”
Oklahoma, Arizona, Missouri, North Dakota, South Dakota and Idaho are among the states where legislators are attempting to raise the winning threshold for ballot issues to a 60% supermajority.
According to an Idaho Capital Sun report by Mia Maldonado on Jan. 8, 2025, Rep. Bruce Skaug and other representatives introduced a bill in the House State Affairs Committee that would change the voting threshold for statewide ballots.
Under current Idaho law, “no measure shall be adopted unless it shall receive an affirmative majority of the aggregate number of votes cast on such measure,” meaning an initiative can pass if it receives 50% of the vote plus one. The bill currently has 11 co-sponsors in the Senate and could be considered in 2026.
Reacting to these developments, the executive director of the Fairness Project stated, “We’re sounding the alarm: direct democracy is being threatened right under our noses.” She added, “While most Americans are rightfully focused on the horrors being committed by the federal government, their state governments are seizing this moment to attack their rights closer to home.”
State legislators are advancing proposals that would “attack direct democracy,” according to reports by the Fairness Project. Concern has grown since lawmakers in more than 15 states introduced over 100 new bills aimed at restricting the ballot measure process and limiting the percentage of voices that can be heard.
According to the report Direct Democracy Under Assault, the Fairness Project records that these same “extremist legislators” have long-term plans to block progressive initiatives. The report also highlights the Fairness Project’s efforts to counter these bills, including serving as the largest funder of abortion rights campaigns in 2024 and helping voters protect reproductive rights, raise wages and secure other rights through the ballot.
Legislators are advancing measures that would affect citizen-initiated ballot initiatives. Proposals include giving lawmakers more control over ballot language, introducing additional delays that increase campaign costs and raising the approval threshold for measures to pass.
After reviewing legislators’ proposed actions, Hall stated that “ballot measures have provided a way for working people in red and purple states to effect change, even when elected officials do not address their interests. Legislators are taking steps that could limit this process.” After conducting research for the Fairness Project, she continued, “That’s why the Fairness Project is again leading the charge to protect direct democracy across the country by directly funding campaigns to fight back against these legislative attacks.”
The Fairness Project has worked with partners to challenge “anti-democratic bills” and efforts to raise ballot measure approval thresholds in Ohio, South Dakota and Arkansas.
The proposed laws and constitutional changes are coming from states where the Fairness Project and its partners have previously supported measures on reproductive rights, economic issues and other policies.
Legislators in several states, including Oklahoma, Missouri, Oregon, South Dakota, Michigan, Montana, Washington, Nebraska, Florida, Arkansas and Arizona, are advancing bills that would change the signature requirements for qualifying measures for the ballot.
Hall stated, “When the people are given the opportunity to claim their power and use ballot measures to improve their own lives, they act on it. As a result, politicians are trying to take their power away. All Americans deserve to be represented by leaders who stand for our democracy.” She pledged to continue defending against ballot measure attacks nationwide.
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Prop 13 is the prime case of why we should be skeptical of unlimited use of direct democracy through initiatives. Somehow a majority vote was able to amend the constitution to give opponents of taxes 2 votes for every 1 vote supporting an increase. We are now flooded in California with initiatives put forward by special interests (e.g., dialysis and ambulance companies). We need limitations on how initiatives are put on the ballot and how they can be amended much as legislatively passed statutes are open to amendment. Also we need much higher signature and vote thresholds for constitutional amendments vs statutes and bonds.