Election Policy on the November 2018 Ballot

On November 6, voters in some states did not just vote on the policymakers who will represent them. They also made policy themselves, by approving or rejecting ballot measures.

Some of the measures on state ballots included provisions that would affect the conduct of federal elections. Most of those measures succeeded. Thirteen state measures with implications for federal elections were on the ballot in 10 states, and 12 were approved.

What Are Ballot Measures?

Ballot measures are policy questions that are decided by popular vote. Local measures are voted on by residents of a locality, such as a city or county, and can make changes only for that locality. State measures, like the ones discussed in this Insight, get a statewide vote and can change policy for the whole state.

The types of measures available vary by state and in two main ways:

• how they reach the ballot; and
• their effects if approved.

State measures may be referred to the ballot by the state legislature or, less commonly, a state commission or constitutional convention. In some states, they can also be initiated by citizens. Direct citizen initiatives and popular referendums go directly to the ballot if they get enough signatures. Indirect initiatives are submitted to the state legislature for possible adoption first. They typically go to the ballot if the legislature does not adopt them, although additional signature-gathering may be required.

Some state measures create new policies if approved, by adding or amending state statutes or amending the state constitution. Others affect existing laws. They can be used to repeal or, in some cases, affirm previously enacted legislation.

What Was on the Ballot?

This chart provides an overview of the state measures related to federal elections that were on the ballot on November 6.

What Has Congress Proposed?

Many of the election issues addressed by state ballot measures on November 6 have been the subject of legislation in the 115^th Congress. Proposals include bills that would make the following changes for federal elections:

• establish a commission to report legislation to automatically register voters when they turn 18 or gain citizenship and to restore voting rights to voters with criminal convictions on release from incarceration (H.R. 893);
• restore voting rights to voters with criminal convictions except while incarcerated for a felony (H.R. 12, H.R. 5785, H.R. 6612, S. 1437, S. 1588);
• require states to either automatically register voters when they turn 18 or offer Election Day registration (S. 2106);
• provide for automatic registration at motor vehicle agencies and/or other agencies (H.R. 12, H.R. 2669, H.R. 2840, H.R. 2876, H.R. 3848, H.R. 5785, S. 1231, S. 1353, S. 1437, S. 1880);
• require states to offer same-day registration (H.R. 12, H.R. 1044, H.R. 3537, H.R. 3848, H.R. 5785, S. 360, S. 1437, S. 1880);
• prohibit states from requiring an excuse and/or setting other conditions for mail voting (H.R. 12, H.R. 946, H.R. 2669, H.R. 3132, H.R. 5785, S. 1231, S. 1437, S. 1510, S. 1880);
• require states to establish independent redistricting commissions (H.R. 145, H.R. 711, H.R. 712, H.R. 1102, H.R. 2981, H.R. 3057, H.R. 3537, H.R. 3848, S. 1880);
• prohibit officials from providing ballots to voters who do not present photo ID (H.R. 2090);
• amend the U.S. Constitution to prohibit unduly burdensome proof of identity or proof of citizenship requirements (H.J.Res. 28);
• prohibit officials from requiring voters to present photo ID to register or vote (H.R. 607);
• require states to accept specified submissions as voter ID (H.R. 2854, H.R. 5785, H.R. 7127, S. 3543); and
• prohibit states from registering voters who do not present proof of citizenship (H.R. 6723).

As of this writing, none of the above bills had advanced beyond subcommittee referral.