Most states require a simple “50 percent plus one” majority to pass a ballot measure. Only three states have supermajority requirements similar to what’s on the table in Arkansas — Florida, Washington and Oregon, in some circumstances.
The State of the 2022 Midterm Elections
With the primaries over, both parties are shifting their focus to the general election on Nov. 8.
- Standing by Herschel Walker: After a report that the G.O.P. Senate candidate in Georgia paid for a girlfriend’s abortion in 2009, Republicans rallied behind him, fearing that a break with the former football star could hurt the party’s chances to take the Senate.
- Wisconsin Senate Race: Mandela Barnes, the Democratic candidate, is wobbling in his contest against Senator Ron Johnson, the Republican incumbent, as an onslaught of G.O.P. attack ads takes a toll.
- G.O.P. Senate Gains: After signs emerged that Republicans were making gains in the race for the Senate, the polling shift is now clear, writes Nate Cohn, The Times’s chief political analyst.
- Democrats’ Closing Argument: Buoyed by polls that show the end of Roe v. Wade has moved independent voters their way, vulnerable House Democrats have reoriented their campaigns around abortion rights in the final weeks before the election.
In Arizona, there are three proposed restrictions to ballot measures on this year’s ballot: Proposition 128, which would allow the Legislature to amend or repeal ballot measures even after they are approved if a judge rules that provisions within them are unconstitutional; Proposition 129, which would limit citizen-initiated ballot measures to a single topic; and Proposition 132, which would require any ballot initiative that would raise taxes to pass by 60 percent.
As in Arkansas, the supporters of these ballot measures say they are necessary to rein in abuses of the process. Critics say they are intended to lock in the power of a Legislature that was gerrymandered to favor Republicans despite an independent redistricting commission’s best efforts to make the maps fairer.
Liberal groups have found ballot measures to be a powerful, if expensive, tool to promote their policies — even in red states. They say their successes in raising the minimum wage and expanding health care coverage via what they call “direct democracy” have caused Republicans to push back by changing the rules. In Maine, Idaho, Missouri, Nebraska, Oklahoma and Utah, voters have expanded access to Medicaid via ballot measure, going over the heads of the states’ legislatures.
In South Dakota, voters this year decisively defeated Republicans’ push to pass a constitutional amendment requiring most voter-initiated referendums to pass with 60 percent of the vote, rather than by a simple majority. More than two-thirds of voters rejected the measure.
Most, but not all, of the legislatures trying to limit the use of ballot measures are Republican-held. Democratic-run Colorado raised the requirement for passing constitutional amendments to 55 percent in 2016, for instance.
Kelly Hall, the executive director of the Fairness Project, a progressive group that focuses on winning ballot measures, hailed the results of the recent referendum in Kansas, where voters rejected a proposal to add a ban on abortion to the state’s Constitution.