Elections

What are ballot initiatives and referendums?

The short answer

A ballot measure is a question voters decide directly, instead of choosing a candidate. Citizens can start a statewide initiative or referendum in 26 states, and every legislature can send measures to voters.

  • Facts checked November 4, 2026
  • 5 sources
  • 2 min read
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Key facts

26 states

States with a statewide initiative, popular referendum or both, 2025–2026 cycle

Ballotpedia

24 states

States with a citizen initiative process (Mississippi’s is unusable)

NCSL; Ballotpedia

23 states

States that allow a popular (veto) referendum

Ballotpedia

Three main types

  • : citizens gather signatures to put a proposed law or state constitutional on the ballot.
  • Popular () : citizens gather signatures so voters can keep or repeal a law the legislature recently passed.
  • Legislative referral: the legislature itself sends a measure to voters. In every state except Delaware, a change to the state constitution needs voter approval.

Which states allow citizen measures

In the 2025–2026 election cycle, 26 states allowed a statewide initiative, a popular referendum or both. Of these, 24 have an initiative process, though Mississippi’s has been unusable since a 2021 state Supreme Court ruling. Popular referendums are allowed in 23 states. Some initiative states allow only new laws, a few allow only constitutional amendments, and most allow both. Voters may also decide local measures.

How a measure reaches the ballot

For a citizen measure, supporters collect a set number of voter signatures by a deadline. The number differs by state. In some states, the proposal goes to the legislature first and reaches the ballot only if lawmakers do not adopt it. An official, often the attorney general or the secretary of state, writes the title and summary that voters see.

Reading the question

The meaning of a “yes” vote depends on the measure. On an initiative, “yes” means you approve the proposal. On a veto referendum, “yes” keeps the law in most of the 23 states that allow one, but in Alaska, Maine and Wyoming, “yes” repeals it. Read the official ballot wording, and any voter guide your state publishes, before you vote.

No national ballot measures

US voters cannot pass a federal law or amend the US Constitution by national vote. Federal laws are passed by Congress. Amendments to the Constitution are proposed by Congress or by a convention, and then ratified by three-fourths of the states, through their legislatures or conventions.

From the Constitution

when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof

U.S. Constitution · Art. VRead the full text

Questions people ask

Can voters pass a federal law by ballot initiative?
No. There is no national initiative or referendum. Only Congress passes federal laws, and amendments to the US Constitution are ratified by the states.
Does my state allow ballot initiatives?
Only some states do. In the 2025–2026 cycle, 24 states had a citizen initiative process, though Mississippi’s has been unusable since 2021. Your state election office can tell you which types of measures it allows.
What is the difference between an initiative and a legislative referral?
Citizens start an initiative by gathering signatures. A legislative referral is a measure the legislature itself places on the ballot.

Sources

Checked November 4, 2026. Primary sources first, then official records, then nonpartisan research.

How these facts were checked: our promise. Every substantive fix is listed on the corrections page.

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