Ballot Measure Wins

The people voted on Tuesday for their choice of candidates and in many states they also voted on Ballot measures or ballot initiatives. Ballot measures offer voters a way to participate in direct democracy and can be a powerful tool for change. On this episode, we will discuss some of the ballot measures that were up for a vote in 2024 and the results. 

As regular listeners will know ballot measures, initiatives, propositions, or bond measures are lobbying. Although they are on the ballot, they are lobbying activity and voters are the lawmakers. Many nonprofits, both c3 public charities and c4 social welfare organizations participate in ballot measure advocacy within their lobbying limits.    

Today we are going to discuss what happened – what did voters decide when it came to the issues of choice, democracy, LGBTQ rights, and worker protections. We are traveling across this nation from ME to OH – to FL, then head west AZ and CA, CO, and HI, and finally NE, to learn what voters decided.   

Lawyers for this episode 

Sarah 

Melissa 

Susan 

Show notes 

LGBTQ Ballot Measures  

Thanks! I would like to start us off by lifting up a number of ballot measure victories in the LGBTQ space.  

We frequently talk about litigation as an impactful, non-lobbying, form of advocacy. In fact, we had a recent pod episode on that very topic. Well, there were several ballot measures that were introduced to get ahead of potential litigation – specifically cases that might threaten the right to marry. 

Here, I want to highlight how voters in CA, CO, and HI used their ballots to approve constitutional amendments that will enshrine the Freedom to Marry into their state constitutions.  

• Although the 2015 Obergefell decision has made state laws banning same sex marriage moot, lessons learned from the Dobbs decision overturning abortion rights; the proactive, legislatively referred measures are intended to safeguard their states’ freedom to marry if a conservative-majority U.S. Supreme Court were to overturn existing protections 

• likely that these 3 ballot measures are the first in a wave of proactive measures to fend off (or respond to) any such attacks by a conservative-majority court 

Reproductive Rights Ballot Measures 

• Voters in seven states approved ballot measures to enshrine reproductive rights in their state constitutions, including in two states with abortion bans. 

• Missouri Amendment 3 establishes a constitutional right to reproductive freedom, which is defined as "the right to make and carry out decisions about all matters relating to reproductive health care,” including but not limited to childbirth, birth control, and abortion care. The amendment also provides that the state may only enact laws regulating abortion after the point of fetal viability.  

• Similar abortion rights measures failed in Florida, South Dakota, and Nebraska. 57% of Floridian voters supported their state’s right to abortion measure, but Florida requires at least 60% of voters to support a constitutional amendment for it to succeed, which is a uniquely high bar. 

• Arizona Proposition 139 amends the state constitution to guarantee a right to abortion and prohibi