A statewide measure reaches the ballot in one of two ways. The legislature can refer it, which every state allows and which is how most constitutional amendments get there. Or citizens can petition it on, which only 26 states allow: supporters write the measure, get it approved for circulation, collect a set number of valid voter signatures by a deadline, and have election officials certify them.
The citizen route is where most of the cost, legal fighting and recent law changes are. Here’s how it works, step by step.
What are the two routes to the ballot? #
Legislative referrals #
The legislature votes to put a measure before voters, often by a supermajority or in two consecutive sessions for constitutional amendments. No signatures are needed. In 49 states, any amendment to the state constitution that the legislature proposes must be approved by voters; Delaware is the only exception.
The November 3, 2026 ballot has plenty of these. Virginia voters will decide four amendments passed by the General Assembly, including ones on redistricting and restoring voting rights to people with felony convictions. Missouri’s legislature referred an amendment on abortion and on gender-transition care for minors.
Citizen initiatives and referendums #
Twenty-six states give citizens some statewide petition power, mostly in the West and Midwest. They come in a few types:
| Type | What it does | Examples |
|---|---|---|
| Direct initiative | Citizens’ proposal goes straight to the ballot once it qualifies | California, Colorado, Oregon, Arizona, Ohio (for amendments) |
| Indirect initiative | The proposal goes to the legislature first; if lawmakers don’t pass it, it goes to voters | Maine, Massachusetts |
| Veto referendum | Citizens petition to put a law the legislature just passed to a public vote | Maryland and New Mexico allow only this type |
Some states allow initiatives only for statutes, others only for constitutional amendments, and some for both. Florida, for example, allows citizen initiatives only for constitutional amendments.
Step-by-step: how does a citizen initiative qualify? #
1. Draft the measure #
Supporters write the exact legal text. Precision matters, because vague or conflicting language invites lawsuits before and after the vote. Many states have a single-subject rule, which means a measure can deal with only one topic.
2. File it and get a title #
The text is filed with the secretary of state, attorney general or another official, who reviews the form and writes an official ballot title and summary. This step is often fought over, because the summary is what many voters read in the booth, and wording can sway a vote. Some states also require a fiscal impact statement.
3. Collect signatures #
Once approved for circulation, the clock starts. Supporters need signatures from registered voters, usually a percentage of the votes cast in the last governor’s race:
- California: 5% of the last gubernatorial vote for a statute and 8% for a constitutional amendment, which worked out to 546,651 and 874,641 signatures for measures in the current cycle.
- Ohio: 10% of the last gubernatorial vote for a constitutional amendment, including 5% in at least 44 of the state’s 88 counties.
- Colorado: For constitutional amendments, signatures from at least 2% of registered voters in each of the state’s 35 senate districts, on top of the statewide total.
Rules like Ohio’s and Colorado’s are distribution requirements. They keep a campaign from qualifying on the strength of one or two big cities. Signatures are gathered by volunteers, paid circulators or both, and many states regulate who can circulate and how circulators are paid.
4. Submit and verify #
Campaigns turn in their petitions by the deadline, usually several months before the election. Officials check signatures against voter rolls, either one by one or by testing a random sample and projecting the valid rate. California, for instance, uses random sampling and moves to a full count when the projection is close to the requirement.
Signatures get thrown out when the signer isn’t registered, signed twice, gave an address that doesn’t match their registration or can’t be read. That’s why campaigns aim for a large cushion above the minimum.
5. Certification #
If enough signatures are valid, the secretary of state certifies the measure for the ballot. Opponents often sue at this point, arguing the summary is misleading, the measure breaks the single-subject rule or signatures were collected improperly.
What’s changed in recent years? #
Several legislatures have made the citizen process harder, and supporters of those changes say they’re protecting it from fraud and out-of-state money. Critics say the changes are meant to keep measures off the ballot. The main approaches:
- Circulator and petition rules. Florida’s HB 1205, signed in May 2025, requires petition circulators to be US citizens and Florida residents who register with the state, gives campaigns just 10 days to turn in signed petitions, adds fines for late or faulty petitions and requires signers to provide identifying information. It was quickly challenged in court.
- Higher bars to pass. Florida already requires 60% approval for constitutional amendments, and Colorado requires 55%. Ohio voters rejected a 2023 proposal to raise their threshold to 60%.
- Stricter single-subject and review rules in several states, which give officials and courts more grounds to block measures.
Because these laws keep changing, check your state’s current requirements before signing or circulating a petition.
Why do ballot measures matter? #
Ballot measures let voters settle questions legislatures won’t, and they’ve decided major policy on minimum wages, marijuana, Medicaid expansion, abortion, ranked-choice voting and independent redistricting commissions, which change how House districts are drawn. High-profile measures can also raise turnout, which can affect the candidate races on the same ballot.
Ballot measures don’t get much public polling, and results can swing late as campaigns spend. For the candidate races on your ballot, Election Tracker groups Senate and governor polls by race and averages the generic congressional ballot, and it can remind you on your phone as Election Day approaches. It’s free on iPhone. For every date between now and November 3, see our 2026 midterm calendar.
Frequently asked questions #
How many states allow citizen-initiated ballot measures? #
Twenty-six states have some form of statewide citizen initiative or veto referendum. The other 24 only let the legislature put measures on the statewide ballot.
What’s the difference between an initiative and a referendum? #
An initiative is a new law or constitutional amendment proposed by citizens. A veto referendum lets citizens force a public vote on a law the legislature already passed. The term “referendum” is also used loosely for any measure the legislature refers to voters.
Can a legislature overturn a voter-approved measure? #
It depends on the state. California’s legislature can’t change a voter-approved initiative statute without voter approval unless the measure allows it. In many other states lawmakers can amend or repeal an initiated statute, sometimes only after a waiting period or with a supermajority. Constitutional amendments generally need another public vote to change.
Why do petition signatures get rejected? #
The most common reasons are that the signer isn’t a registered voter in that state or county, signed more than once, listed an address that doesn’t match their registration, or wrote something illegible.
Can I sign more than one petition? #
Yes. You can sign petitions for as many different measures as you like, as long as you’re a registered voter in that state. Signing the same petition twice can get both signatures thrown out.