What is a ballot measure? Initiatives, referendums, and legislative referrals explained
A ballot measure lets voters decide a law or constitutional change directly. Learn how initiatives, referendums, and legislative referrals differ and pass.
Most of an election ballot is about choosing people. But on many ballots there is another kind of decision: a ballot measure — a question about a proposed law, a change to the state constitution, or whether to approve or reject something the legislature did. Instead of electing someone to cast that vote for you, you cast it yourself.
If you remember one thing, remember this: “ballot measure” is the umbrella term. The main varieties are the initiative (citizens propose), the popular referendum (citizens respond to a law), and the legislative referral (the legislature sends it to you) — and exactly which of these a state allows is set by that state, not by federal law.
The umbrella term
A ballot measure is any question of public policy placed on the ballot for a direct vote of the people. It is a state-and-local tool; there is no federal ballot measure. The National Conference of State Legislatures tracks statewide measures — initiatives, referendums, and others — across the 50 states and U.S. territories, and the categories below cover the common types.
Initiatives: citizens put it on the ballot
An initiative lets citizens bypass the legislature by placing a proposed statute — and in some states, a constitutional amendment — directly on the ballot. South Dakota adopted the first statewide initiative process in 1898, and about two dozen states now have one, according to NCSL.
Getting an initiative on the ballot runs through petition drives governed by state law. In general the steps are: supporters file the proposed measure, obtain an official ballot title and summary, circulate petitions to collect the required number of signatures from registered voters (usually a percentage of the votes cast for a statewide office in the last general election), and submit them to a state election official who verifies the signatures.
Initiatives come in two forms:
- Direct initiative — a proposal that gathers enough valid signatures goes straight onto the ballot for a vote.
- Indirect initiative — a qualifying proposal is first submitted to the legislature, which may adopt it (or something substantially similar). If the legislature does not act within a set period, the question in general goes on the ballot (in a few states, the sponsors must gather additional signatures first); in some states the legislature may also propose a competing measure.
Popular referendum: the citizen veto
A popular referendum is the inverse of an initiative. Instead of citizens proposing a new law, they respond to one the legislature already passed. If voters object to an enacted law, they may gather signatures — generally within a short, state-set window after the law passes (commonly about 90 days) — to force it onto the ballot for approval or repeal. Pending that vote, the law typically does not take effect: if voters approve it, it takes effect; if they reject it, it is voided. About two dozen states allow the popular referendum.
Legislative referral: the legislature sends it to you
A legislative referral (or legislative referendum) is a measure the legislature itself places on the ballot for voter approval. This is the most universal type — legislative referenda can appear on the ballot in all 50 states, because many state constitutions require voter approval before certain changes take effect. The classic examples are amendments to the state constitution (which generally must be approved by voters), bond measures, and some tax changes. In some states the legislature may also (or the governor may) place a non-binding advisory question on the ballot to gauge opinion; those advisory referenda are rare, and their results are not legally binding.
Recall is a different tool
One clarification worth making: recall — the removal of an elected official before their term ends — is a separate direct-democracy tool, not a ballot measure about a law or policy. It often appears in the same “initiative and referendum” discussions, but it targets officeholders, not laws.
What it takes for a measure to pass
Once a measure is on the ballot, the general requirement for passage is a majority of the votes cast, though there are exceptions. Some measures — especially certain constitutional amendments or bond measures — require a higher threshold in some states. And states impose subject-matter limits on what may be proposed, such as single-subject rules and restrictions on the initiative directing particular spending. These rules are set state by state, so the same general process looks different from place to place.
Where to get official information
- Your state or local election office — the authority on which measures are on your ballot, the qualification rules, and passage thresholds. The EAC’s state lookup points to each one: eac.gov/vote.
- NCSL’s Statewide Ballot Measures Database — a nonpartisan tracker of statewide measures across the 50 states and U.S. territories.
- vote.gov — the official federal voting-information site, in place since 2016 and administered by the General Services Administration until the EAC assumed management of the site in 2025; the EAC now operates and hosts it.
- The network’s Voting & Elections topic page collects these explainers, alongside How Midterm Elections Work, What Happens After Election Day, What Is a Contested Election?, and Who Certifies Election Results?.
The bottom line
A ballot measure is a question of policy that you vote on directly rather than a candidate you elect. The three main types are the initiative (citizens propose a law or amendment), the popular referendum (citizens vote on a law the legislature passed), and the legislative referral (the legislature refers a measure to voters, common for constitutional amendments, bonds, and taxes). Which of these a state allows, the signature requirements, the subject limits, and the passage threshold are all set by state law. To see what measures are on your ballot and how they must pass, go to your state or local election office or vote.gov.
Counsel is the law site of the Omni Mundi Compendium network. How federal agencies describe their own role in civic life is covered in What Is America.gov? The New Federal Front Door, Explained.
This article is general information about ballot measures in U.S. state and local elections, not legal advice, and not official voting information. Ballot-measure types, thresholds, and procedures are set by each state and can change. Confirm current details with your state or local election office or at vote.gov before relying on them. It is AI-written and independently AI-reviewed before publication; the review standard and this article’s findings are recorded in the network’s editorial review log.
Frequently asked questions
- What is a ballot measure?
- A ballot measure is a question put to voters on election day that proposes a law, a change to the state constitution, or the approval or repeal of something the legislature did. It is the generic umbrella term: initiatives, referendums, and legislatively referred measures are all kinds of ballot measures. Instead of electing a person to vote on the issue, voters decide the question themselves.
- What is the difference between an initiative and a referendum?
- An initiative is citizens gathering signatures to place a proposed law or constitutional amendment on the ballot. A popular referendum is the mirror image: citizens gather signatures to force a vote on a law the legislature already passed, so the public can approve or reject it. One proposes new law; the other hands a just-enacted law back to the voters.
- How do initiatives get on the ballot?
- Through petition drives run under state law. In general, supporters file a proposed measure, obtain an official title and summary, circulate petitions to collect a required number of registered-voter signatures (usually a percentage of votes cast in a prior general election), and submit them to a state election official who verifies the signatures. In a direct-initiative state, qualifying proposals go straight to the ballot; in an indirect-initiative state, they go to the legislature first.
- Who can put a measure on the ballot?
- Two routes: citizens, through the initiative or popular-referendum petition process (available in only some states), and the legislature, by referring a measure to voters — which happens in all 50 states, most often for constitutional amendments, bonds, and tax changes. The specific rules — who, how many signatures, what subjects — are set by each state.
- How much does a ballot measure need to pass?
- Generally a majority of votes cast, although exceptions exist and some measures — such as certain constitutional amendments or bond measures — require a higher threshold in some states. The threshold is set by the state's constitution or law, so it varies by state and by measure.
Sources
Each source is a primary or official reference, checked before publication. Links open the original.
- National Conference of State Legislatures (NCSL) — 'Initiative and Referendum Overview and Resources': the initiative lets citizens place proposed statutes and, in some states, constitutional amendments on the ballot; about 24 states have an initiative process (South Dakota first, in 1898); the popular referendum lets voters approve or repeal an act of the legislature (24 states); legislative referenda may appear on the ballot in all 50 states; advisory referenda are non-binding — ncsl.org/elections-and-campaigns/initiative-and-referendum-overview-and-resources
- National Conference of State Legislatures (NCSL) — 'Statewide Ballot Measures Database': tracks all statewide ballot measures in the 50 states and U.S. territories, including type (legislative referendum, initiative, popular referendum, other), status, and summary — ncsl.org (Statewide Ballot Measures Database)
- National Conference of State Legislatures (NCSL) — 'Citizen Initiative Subject Rules': states impose subject-matter limits on the initiative process, including single-subject and appropriations restrictions, which vary by state — ncsl.org/elections-and-campaigns/citizen-initiative-subject-rules