Malcolm Rivera
This year, voters in several states will decide on a range of constitutional amendments, including those related to voting rights, abortion, and judicial reform. One notable amendment on the ballot in Wisconsin proposes changing the language of the state constitution from guaranteeing the right to vote for every U.S. citizen to only eligible citizens, which has sparked controversy and opposition from Democratic parties. Another amendment in Connecticut aims to enable no-excuse absentee voting. Additionally, voters in Virginia will decide on an amendment to expand property tax exemptions for surviving spouses of military members who died in the line of duty. With a focus on abortion rights, election procedures, and minimum wage policies, these constitutional amendments are significant topics for voters to consider in the upcoming elections.
| Characteristics | Values |
|---|---|
| Date | November 5, 2024 |
| States | Connecticut, Virginia, Wisconsin, Florida, Nevada, Arizona, Nebraska, Missouri, South Dakota, New Hampshire, Colorado, North Dakota |
| Topics | Voting rights, abortion, election procedures, minimum wage policy, ethics requirements, retirement mandates, veteran tax exemption |
| Political Stance | Republicans are encouraging voters to vote for the amendment, while Democrats are encouraging voters to vote against it |
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Voting rights
The original Constitution did not explicitly safeguard the right to vote, instead leaving the matter largely to the states. As a result, for much of American history, voting rights were granted to some while being denied to others. The 15th Amendment, ratified in 1870, was a significant step forward, guaranteeing that the right of citizens of the United States to vote shall not be denied or abridged by any state on account of race, colour, or previous condition of servitude. However, this amendment was interpreted narrowly by the Supreme Court, and discriminatory practices and laws in some states effectively prevented many African Americans from exercising their right to vote.
The 19th Amendment, ratified in 1920, was another milestone, prohibiting discrimination at the ballot box based on sex and granting American women the right to vote. This followed a long struggle for women's suffrage, with generations of reformers advocating for change at the national, state, and local levels.
Subsequent amendments continued to strengthen voting rights. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections, ensuring that young citizens could participate in the democratic process.
In addition to these amendments, federal laws such as the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act of 1984, and the National Voter Registration Act of 1993 have further safeguarded and expanded voting rights. These laws have improved access to voting for people with disabilities, created new ways to register to vote, and established minimum standards for voter education, registration, and ballots.
While voting rights have been expanded over time, ongoing debates and proposed constitutional amendments indicate that the fight for equal voting rights in the United States is ongoing.
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Abortion rights
In 2024, 11 US states voted on abortion measures, with 10 of these votes concerning state constitutional rights to abortion. Voters approved abortion rights in seven states: Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada. Voters in three states—Florida, Nebraska, and South Dakota—rejected abortion rights.
In Arizona, the Abortion Access Act, or Proposition 13, will permit abortions up to the point of fetal viability, around 24 weeks of pregnancy. In Colorado, Amendment 79, or the Right to Abortion and Health Insurance Coverage Initiative, will ensure the constitutional right to abortion and repeal a previous amendment prohibiting the use of state funds for abortion care. Maryland's Question 1, or the Right to Reproductive Freedom Amendment, establishes a right to reproductive freedom in the state constitution, defined as "the ability to make and effectuate decisions to prevent, continue or end one's own pregnancy." Missouri's Amendment 3, or the Right to Reproductive Freedom Initiative, will allow abortion up to the point of "fetal viability," with some ambiguity in the language that could permit abortions up to birth. Montana's ballot measure, CI-128, is similar to Missouri's, allowing abortions through viability but with the potential to allow abortions until birth. Nevada's Question 6, or the Reproductive Rights Amendment, solidifies abortion rights in a state that already supports abortion rights. New York's Equal Protection of Law Amendment would amend the state constitution to outlaw discrimination based on "pregnancy, pregnancy outcomes, and reproductive health care and autonomy." While the amendment does not explicitly mention abortion, some warn that it could allow abortion for any reason and potentially enable infanticide.
In Florida, the abortion rights measure received more than 57% support but did not meet the 60% threshold required to pass a constitutional amendment. Nebraska's two conflicting measures included one seeking to protect abortion rights and another seeking to ban abortion after the first trimester. The measure to ban abortion after the first trimester passed, while the measure to protect abortion rights failed. South Dakota also rejected abortion rights.
In previous years, abortion rights have been on the ballot in states like California, Kentucky, Michigan, Ohio, and Vermont. In 2022, California proposed an amendment to its state constitution to explicitly protect the right to abortion, which was approved by voters. In Kentucky, voters rejected a proposal to amend the state constitution to state that it does not "secure or protect a right" to abortion or its funding. Michigan, Ohio, and Vermont approved measures amending their state constitutions to protect the right to abortion.
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Election procedures
In the upcoming election, voters in multiple states will consider proposals related to voting and election procedures. These proposals include amending state constitutions to state that only US citizens can vote. While federal and state laws already limit voting in federal elections to citizens, some states are considering removing the ability of local governments to allow non-citizens to vote in local elections.
In Connecticut, voters will consider a proposed amendment to the state constitution dealing with no-excuse absentee voting. If approved by a majority of voters, the amendment will become part of the state constitution, allowing the General Assembly to permit each voter to vote by absentee ballot.
Some states have limits on the number of constitutional amendments that can be referred to voters in a single election. For example, in Arkansas, the General Assembly can refer no more than three constitutional amendments to an election ballot, while in Kansas, the Legislature can refer up to five amendments. In most states, measures need a simple majority of the vote to pass, but some states have more stringent requirements. Florida, for instance, requires 60% approval for constitutional amendments. In Nevada, ballot measures must receive public approval twice, with the same initiative appearing on the ballot for final approval two years after initial passage.
Ballot measures can provide insight into the political landscape at both the state and national levels. They are typically placed on the ballot through citizen initiatives or legislative processes, but they can also be placed automatically by a special commission or a state constitutional convention.
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Minimum wage policy
Minimum wage laws are a common topic for state ballot measures, with states often considering measures related to state minimum wages, including increases, inflation-based adjustments, exemptions, and other changes.
In 2020, Florida Amendment 2, a $15 Minimum Wage Initiative, was on the ballot and was passed by voters. This amendment aimed to increase the state minimum wage from $8.56 in 2020 to $15 by 2026, with annual adjustments based on increases to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from 2027 onwards.
In the same year, a new Section 38 was added to Article I of the Constitution, subject to voter approval. This amendment established a minimum wage of $12 per hour, with annual adjustments based on the increase in the cost of living. It also entitled citizens to a minimum wage that would provide a decent and healthy life for them and their families, protecting them from unfair low-wage competition and reducing reliance on taxpayer-funded public services.
In 2024, voters in Alaska and Missouri approved minimum wage increases to $15 per hour. Additionally, Ohio is currently collecting signatures to place a proposed constitutional amendment on the ballot to raise the minimum wage to $12.75 an hour in 2025 and $15 an hour in 2026. This amendment would also eliminate the state's tipped wage.
Looking ahead to 2025 and 2026, Oklahoma and Ohio have potential ballot measures to increase the minimum wage to $15. These measures reflect ongoing efforts to ensure that workers receive a living wage that keeps pace with the cost of living and promotes economic recovery.
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Judicial ethics
In 2024, voters in 41 states will consider various ballot measures, many of which concern state constitutional amendments. Voters in Texas, for instance, will vote on 17 proposed amendments to the Texas Constitution, including SJR 27, which seeks to "effectively sanction judges and justices for judicial misconduct". Arizonans are considering an amendment to eliminate regular retention elections for state supreme court justices, except under certain circumstances, such as a finding of unsatisfactory performance. New Hampshire is voting on increasing the mandatory retirement age for state judges from 70 to 75. Following an ethics scandal, Colorado is voting on restructuring how judicial ethics complaints are handled, including the creation of a disciplinary board to issue sanctions.
In the past, several constitutional amendments have been proposed and voted on to address judicial ethics. In 2018, North Carolina voters considered a constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement to administer ethics and elections law. The same year, a proposed constitutional amendment in North Carolina sought to change the process for filling judicial vacancies, giving the Legislature more control over judicial appointments.
At the federal level, there is growing bipartisan support for term limits for Supreme Court justices, with 78% of Americans backing the idea. This would ensure regular turnover and prevent justices from holding too much public power for too long. In 2024, President Biden backed 18-year term limits for justices, with regular appointments every two years. He also called for binding ethics rules to replace the toothless ethics code the Court posted online.
Other proposals for Supreme Court reform include the SCERT Act, which would require the Supreme Court to adopt a binding code of conduct and create an investigatory mechanism to probe conduct in breach of that code. Another proposal seeks to bar federal judges from accepting gifts valued at over $50 on a single occasion or gifts totalling more than $100 in a year, aligning with rules for members of Congress and other federal officials.
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Frequently asked questions
Wisconsin voters have had five confusing constitutional amendments on the ballot this year. One of these is a change from "every" to "only" in the context of voting rights, which some believe could be used to erode voting rights.
Virginia has a proposed constitutional amendment that would extend an existing property tax exemption for surviving spouses of military members who died in the line of duty to those whose spouses died while serving but not in combat.
There is a proposed amendment to the Connecticut Constitution dealing with no-excuse absentee voting.
There are a variety of other amendments on ballots across the US this year, including abortion-related amendments in 10 states, amendments related to the ethics requirements and retirement mandates for state supreme court justices, and amendments to remove outdated language regarding mental illness and gendered pronouns.
