WHAT YOU NEED TO KNOW ABOUT THE BALLOT MEASURE LANDSCAPE RIGHT NOW
May 2026
The Toplines
- BISC is tracking a total of 464 ballot measures, including 100 measures certified for the 2026 ballot as of May 12.
- As of May 19, BISC is currently tracking 68 bills related to direct democracy actively moving through legislatures across the country.
- Four supermajority threshold proposals appearing on 2026 ballots could allow for minority rule to overpower popular initiatives.
- This November, Nevadans will have the chance to place the final vote on an initiative to enshrine abortion rights in their state constitution.
- A legislatively-referred measure in Missouri is attempting to overturn the will of the people by restoring a near-total abortion ban and barring gender-affirming care for young people.
- After a slate of major reproductive rights wins at the ballot box since 2022’s Dobbs ruling, bodily autonomy opponents are now shifting their attacks to target the trans community.
Emerging Trend
Using Supermajority Requirements to Entrench Minority Rule: This November, four states will be considering antagonistic ballot measures to require ballot measures to be approved by some form of supermajority in order to pass. In some states the requirement would only apply to citizen-led measures and in others only to proposed constitutional amendments, but in each case the result is the same: minority rule.
Unfortunately, the trend isn’t new. At least 11 states already impose some form of supermajority or heightened threshold for approval for constitutional amendments. But this year’s four simultaneous proposals are a coordinated response to the growing use of the People’s Tool to effect meaningful change. Now it appears that direct democracy opponents in four states are hoping that a supermajority requirement could be the secret to crushing popular movements at the ballot box. As thresholds rise, a smaller share of voters effectively gains outsized veto power over popular policies. The cumulative effect is a gradual tightening of direct democracy systems without necessarily eliminating them outright — preserving the appearance of voter choice while increasing the difficulty of achieving policy change.
On the Ballot
- Missouri Amendment 4: Require citizen-initiated constitutional amendments to pass statewide and in each congressional district.
- As few as 5% of Missouri voters could defeat a popular measure
- North Dakota HCR 3003: 60% supermajority for constitutional amendments
- South Dakota Amendment L: 60% supermajority for constitutional amendments
- Utah SJR 2: 60% supermajority for citizen-led initiatives making certain tax-related changes
As opponents look to copy-paste their attacks on direct democracy from one state to the next, proponents of collaborative governance must innovate our own tactics to defend and expand the process. One interesting way that proponents of the People’s Tool are fighting back: California’s ACA 13 would require that any ballot measure proposing a supermajority must itself pass by that same supermajority. For example, if Prop. X is requiring a 60% threshold then it must be passed by at least 60% of voters.
2026 Ballot Measure Landscape
As of May 12, BISC is tracking a total of 464 ballot measures, including 100 measures certified for the 2026 ballot.
2026 Ballot Measures to Watch: Bodily Autonomy
Nevada Question 6: Right to Abortion (CI)
- What It Does: Amends the Nevada state constitution to provide for a right to abortion up to the point of fetal viability.
- Why It Matters: While state law already protects the right to abortion in statute, the proposed constitutional amendment would be an added layer of protection. As reproductive rights continue to be under attack at the federal level, state-based safeguards are critical.
Missouri Amendment 3: Repeal Reproductive Rights Amendment and Ban Gender-Affirming Care for Minors (LR)
- What It Does: Repeals 2024’s voter-approved reproductive rights amendment in order to restore a near-total abortion ban with limited exceptions. Grants legislators authority to regulate abortion procedures, clinics, and providers. Bans gender-affirming healthcare for minors, including puberty blockers and hormone therapy.
- Why It Matters: The legislature’s measure is using an anti-trans proposal as bait to convince voters to overturn a reproductive rights initiative Missourians had previously passed. This strategy is known as ‘ballot candy’ and it’s an attempt to sweeten the deal in order to sway voters to support a measure they would likely oppose otherwise. With this amendment, extremist lawmakers are hoping to severely limit Missourians’ right to private healthcare decisions and sending a strong message that they refuse to respect the will of the people when it comes to voter-approved, citizen-led ballot initiatives.
BISC ANALYSIS: Bodily Autonomy is on the Ballot
After the fall of Roe, bodily autonomy advocates took the fight for reproductive rights straight to the ballot box: since 2022, voters in 10 states have passed abortion rights measures and defeated anti-abortion measures in Kansas and Kentucky. But now, frustrated after years of suffering resounding defeats, the opposition is shifting their anti-autonomy strategy to crack down on a new target: the transgender community.
Voters in as many as seven states could see anti-trans measures on their ballot this year with proposals to permanently outlaw gender-affirming care for young people in Missouri, to require teachers and school counselors to ‘out’ LGBTQIA+ students in Washington state, and more. And while the 2026 proposals focus largely on trans youth, this dangerous trend of threats to bodily autonomy will only spread to target more groups and more healthcare if we don’t stop it in its tracks.
Direct democracy is about delivering life-changing policies for communities, not hijacking it for political gain at the expense of vulnerable groups or to overturn our voter-approved rights. BISC is committed to supporting our partners’ bodily autonomy campaigns — both for reproductive rights and against attacks on trans people — because when we protect all people’s rights, we all win.
For more information on our analysis or to schedule an interview with one of our policy experts, please email [email protected].