State ballots let voters decide on abortion, taxes, transgender restrictions

A scene from early voting in Maryland, where voters can decide whether to allow congressional redistricting. It's one of more than 140 state ballot questions around the country this election. Allison Robbert/AP hide caption

Allison Robbert/AP

Whether or not they live in a competitive congressional district, voters in many states will be deciding on statewide ballot measures with a chance to make law themselves.

There are 145 statewide ballot measures on the November ballot, according to Ballotpedia, which tracks elections.

In some cases the questions were put on the ballot with petition drives by citizens frustrated with the actions - or lack of action - by their state lawmakers. In many cases, legislatures go to the voters with amendments to their state constitution.

There are common themes across the country: many of the most high profile referenda are on abortion, LGBTQ+ rights, taxes, and voting.

Four years after Dobbs, states are still going back and forth on abortion

Four states have abortion on the ballot. That comes after a flurry of ballot measures on the issue since federal protections for the procedure from Roe v. Wade were overturned by the Dobbs decision in 2022.

Just two years ago, Missouri voters nullified what had been one of the strictest abortion bans in the country. But the Republican-led legislature has put the question back on the ballot. And lawmakers crafted a single question that includes both a near-total ban on abortion and prohibitions on gender-affirming medical treatments for minors.

Much of the advertising for the measure just mentions the gender-affirming care ban, which would go into the state constitution to strengthen bans already in state law.

Abortion is legal in Nevada and Virginia but voters in both states will have a chance to put those rights in the state constitution. That would make it harder for future legislatures to ban abortion.

A vote in Idaho could overturn that state's near-total ban on abortion.

States consider transgender restrictions or guaranteeing LGBTQ+ rights 

Rights for LGBTQ+ people have been hotly contested in the states in recent years. Several states have them on the ballot.

In Vermont a proposal would amend the state constitution to include an equal protection clause that would guarantee rights for gender identity and gender expression.

Virginia voters could strengthen laws allowing same-sex marriage. The state currently has an old ban on same-sex marriage in its constitution - although it is not in force due to a 2015 US Supreme Court decision. Voters are deciding whether to replace that language through an amendment that would define marriage as between any two adults regardless of race, sex, or gender.

Arizona and Colorado have proposals to ban transgender students in girls school and college sports, with Arizona expanding a current ban by including restrictions on locker rooms and other areas.

A proposal in Washington state would require that a student wanting to play girls sports have their biological sex confirmed by their healthcare provider based on, "the student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels."

In California, Prop. 40 asks voters to impose a wealth tax on billionaires to pay for healthcare programs and two other propositions would block the tax. Opponents say it would chase billionaires out of the state, costing the state money in the long run. Jae C. Hong/AP hide caption

Jae C. Hong/AP

A billionaire tax highlights fiscal measures

Taxes and state finances make up the largest category of ballot measures.

The highest-profile proposition is in California, where voters could impose a novel kind of billionaire tax. Prop. 40 asks voters to approve a one-time, 5% tax on the wealth of billionaires, including their ownership in companies.

Proponents say the Republican Congress gave tax breaks to billionaires by cutting health care programs so it's fair to tax them to make up the cuts. Opponents, including some prominent Democrats, say it will just chase billionaires to other states. Two competing measures on the same ballot would block the tax.

A coalition of progressive Coloradans is backing a proposal that could result in higher income taxes for those making over $500,000 a year.

States are also putting limits on taxation before voters: Tennessee's legislature sent voters a proposal to ban state-mandated property taxes. Iowa's General Assembly is asking voters to approve a constitutional amendment requiring certain tax law changes to go to require two-thirds of both of the legislature's chambers to pass.

Florida lawmakers put a question on the ballot that would exempt the first $150,000 of a home's value from property taxes, having huge implications for the local governments that depend on that funding.

Activists rally in support of a proposed constitutional amendment near the state capitol in Jefferson City in August. David A. Lieb/AP hide caption

David A. Lieb/AP

Many states are voting about voting

In some states, voters are facing questions that could make it harder for them to change the law through their votes in the future.

Proposals in North Dakota and South Dakota would require future amendments to the state constitution to have 60% voter approval instead of a simple majority. Utah has a similar question for tax proposals.

In Missouri, voters could go the other way – making it harder for lawmakers to overturn future voter initiatives. And they face another question about whether to allow congressional redistricting that could help Republicans flip a House seat held by a Democrat in 2028.

In Maryland, voters can approve a congressional redistricting that would likely favor Democrats.

There are several other voting issues on ballots in other states.

Coloradans are considering a proposal to require ballot questions to be written in plain, 8th grade level English.

Montanans could approve a state-level work around of the Citizens United Supreme Court decision that has led to an explosion of hard-to-track money in campaigns. The measure would do that by redefining corporations so they can't give unlimited political donations. But that could be blocked by the courts.

Several states, including California, Nevada and North Carolina have proposals to require photo ID when voting.

And in Virginia, voters will decide if some people are entitled to the right to vote at all: people convicted of felonies need to have their rights restored by the governor.

Jahd Khalil covers Virginia State Politics for VPM.