Most Notable Changes to Laws Regarding Ballot Measures in 2021

Most Notable Changes to Laws regarding Ballot Measures that were either Passed or Proposed in 2021:

Idaho Legislature passed a Bill to Change the State's Distribution Requirement to Require Signatures from 6% of Voters from All 35 Legislative Districts for Ballot Initiatives and Veto Referendums instead of the Existing Requirement of 6% of Voters from 18 of the State's Legislative Districts. In 2019, the Idaho Legislature passed but the Governor Vetoed a pair of Bills that were Designed to Increase the State's Initiative Signature Requirement and its Distribution Requirement, among other Changes.

South Dakota - Legislature referred a Constitutional Amendment to the 2022 Ballot that would require a 60% Supermajority Vote for Future Ballot Measures that Increase Taxes or Fees or that Require the State to appropriate $10 Million or more in the First Five Fiscal years.

Legislation to enact or increase supermajority requirements for ballot measures was introduced this year in seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota. These proposed requirements range from 60% to two-thirds (66.67%) of voters in favor for approval. Some of these proposals apply only to citizen-initiated measures but not referrals, some to constitutional amendments—both citizen-initiated and legislatively referred, and some to measures proposing tax increases or certain levels of funding allocation.

Utah - Enacted a Proposal to Ban Pay-per-Signature as a Method of Compensating Signature Gatherers who Collect Signatures for Ballot Initiatives and Veto Referendums. Utah’s Legislation also made other Changes to the Initiative Process.

- Bills to Increase Initiative and Referendum Signature Requirements or Signature Distribution Requirements were introduced in: Idaho, Missouri, Montana, and Oklahoma.

- Proposals to establish Statewide Initiative, Referendum, or Recall Processes were introduced in: Connecticut, Hawaii, Kansas, Kentucky, New Jersey, New York, South Carolina, and Tennessee.

- The Last State to establish a Statewide Process for Initiatives that didn’t have one Previously was, Mississippi, which Adopted its Process in 1992.










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