State Ballot Measure Monthly: February 2024

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February 6, 2024

By Ballot Measures Project Staff

This edition of the State Ballot Measure Monthly covers the certifications of state ballot measures, as well as notable ballot measure news, from January 10 through February 6.

HIGHLIGHTS
  • Initiatives to provide a constitutional right to abortion and legalize marijuana qualified for the ballot in Florida pending court review.
  • Signatures were submitted for an initiative to repeal ranked-choice voting (RCV) in Alaska.
  • Legislators in Mississippi consider a new initiative and referendum process.
  • 2024 ballot measures

    Overview: Nationally, 57 ballot measures have been certified in 25 states for elections in 2024.

    Signatures submitted: Signatures have been submitted and are pending verification for the following citizen-initiated ballot measures:


    Certified to the legislature: Signatures have been verified for the following indirect initiatives. The legislature has the option to approve them before certification:

    Changes in 2024 ballot measure numbers

    Comparison to earlier years

    So far, 57 state ballot measures have been certified for 2024. From 2012 through 2022, an average of 58 state ballot measures through the first week of February of a general election year. An average of 157 total ballot measures were certified for odd-numbered year ballots from 2012 through 2022.

    2024 certifications

    See also: Ballotpedia's Tuesday Count for 2024

    From January 10 through February 6, two statewide measures qualified for the ballot in Florida. Both of the initiated constitutional amendments have qualified for the ballot but must undergo an assessment by the Florida Supreme Court, which could advise the state to remove the initiatives from the ballot.

    January 25, 2024

    • Florida Amendment 3: The citizen-initiated constitutional amendment would legalize marijuana for adults 21 years old and older and allow individuals to possess up to three ounces of marijuana. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use. As a constitutional amendment, Amendment 3 requires a 60% vote for approval. Medical marijuana was adopted by Florida voters in 2016 by a vote of 71% to 29%. Smart & Safe Florida is leading the campaign in support of the initiative.[1] Trulieve, a marijuana business, has provided $40.05 million to the campaign.[2]
    • Florida Amendment 4: The initiated constitutional amendment would provide a state constitutional right to abortion in Florida by prohibiting the state from restricting abortion before viability or when "necessary to protect the patient’s health, as determined by the patient’s healthcare provider."[3] A 60% vote is required for the amendment to be approved. While initiatives to provide constitutional rights to abortion passed in Michigan and Ohio, neither received a 60% vote. Both received 57%. A University of North Florida poll found support among those surveyed at 62%.[4] Unlike Michigan and Ohio, where the initiatives addressed the broader concepts of reproductive freedom and reproductive decisions, Florida Amendment 4 only discusses abortion. The PAC Floridians Protecting Freedom is leading the campaign in support of the initiative.[5] Marsha Laufer, a philanthropist and advisory board member for the National Democratic Training Committee, provided the largest aggregate contribution to the campaign at $2.10 million.[2] Florida Voice for the Unborn is leading the campaign in opposition to the initiative.[6]

    Headlines

    Proposed amendment would return initiative and referendum in Mississippi

    See also: Daily Brew: January 31, 2024

    On Jan. 24, the Mississippi House of Representatives passed a proposed constitutional amendment, House Concurrent Resolution 11, that would create a new state initiative and referendum process. The amendment passed 80-39, with 78 Republicans voting "Yes" and one voting "No." Thirty-eight Democrats voted “No” and one voted “Yes.” The one independent representative voted "Yes."

    If the Senate approves it, the proposal will appear on the November 2024 ballot. In Mississippi, for a legislatively referred constitutional amendment to be certified for the ballot, a two-thirds vote of those present in each chamber, provided the vote is a majority of all members, is required.

    In 2021, the Mississippi Supreme Court invalidated part of Mississippi's initiative process, which was first created in 1992. Under the previous process, only initiatives amending the state constitution were allowed, and initiatives required signatures equal to 12% of the total votes cast in the last gubernatorial election.

    Here’s what the new initiative and referendum process would look like.

    Voters could repeal legislation via veto referendums and initiate state laws (but could not initiate constitutional amendments) by circulating petitions for up to 12 months and gathering signatures equal to 8% of the total number of qualified electors in the state as of the last gubernatorial election. This percentage is estimated to be around 152,000 signatures based on an estimated 1.92 million active voters.

    Certain initiative subjects would be prohibited, including abortion, the Mississippi Public Employees' Retirement System, local laws, and laws appropriating funds from the State Treasury.

    The Mississippi secretary of state would be responsible for validating petition signatures. If certified, the proposed initiative would then be submitted to the Mississippi Legislature, which could, by a simple majority vote, adopt the proposal or an amended version.

    If the initiative is adopted, amended, or rejected by the state legislature, or if the legislature takes no action on the proposal within four months, the initiative (and any alternative proposed by the legislature) would be placed on the next statewide general election ballot.

    A maximum of three initiatives could appear on the ballot. The first three initiatives submitted to the secretary of state with sufficient signatures would qualify. To be approved, an initiative or legislative alternative would need to receive a majority of votes cast on the question and no less than 40% of the total votes cast in the election.

    This isn’t the first time Mississippi legislators proposed a new initiative process. The Senate passed a constitutional amendment to re-establish an initiative process during the 2023 legislative session. The House amended and returned it to the Senate. However, the constitutional amendment was not referred to voters because the Senate and House could not agree on a final proposal.

    Under Mississippi’s recently invalidated initiative process, seven initiated constitutional amendments made the ballot. Voters approved three, with the state supreme court invalidating one. Voters rejected four of the measures.

    The following is a map of the 26 states and information on the different types of citizen-initiated measures in these states:

    See also

    Related articles

    Footnotes