2020 Ballot Measures: What kind of Democracy are we now?

Prominent voices on both sides of our political divide insisted that 2020 was the year democracy itself was on the ballot. Voters seemed to agree: In the end, a higher percentage of Americans voted this year than in any election since 1900. Beyond the presidency and other major races, what does this surge in voter participation suggest we can expect next?

One source of answers is to the results yielded by our most direct form of democracy, ballot measures. What voters approved by ballot illustrates where the winds of money, messaging, and change are picking up speed in the United States.

This year, voters weighed in on 129 statewide ballot measures across 34 states. When a policy proposal appears as a ballot measure, ordinary Americans have the opportunity to vote on the fate of a law, rather than a candidate.
Of the 129 policy questions that made it onto state ballots in 2020, 93 passed. A full list of the results can be found here. Some of the highest-profile and most heavily contested measures to pass include:

Oregon’s Measure 110- This measure decriminalizes the non-commercial possession of virtually all recreational drugs. While efforts to sell and manufacture these drugs will still carry criminal penalties, Measure 110 makes the personal possession of a controlled substance in the state of Oregon no more than a Class E violation carrying a maximum fine of $100. The measure also establishes an addiction treatment and recovery program funded in part by revenue from the state’s tax on recreational marijuana (which has been legal in Oregon since 2015), as well as by projected savings from the state prison budget through reduced incarceration. Some opponents of the measure argued that its supporters played down the dangers that decriminalization poses for young people and undersold the value of legally compelled rehabilitation.

2020 ballot measures to legalize or decriminalize the use of either medical or recreational marijuana (or both) were also successful in Arizona, Mississippi, Montana, New Jersey, and South Dakota.

California’s Prop 22 - After California lawmakers passed a bill which would have required companies like Uber, Lyft, and DoorDash to re-classify the employment status of their drivers, the app-based giants of the gig economy struck back with Prop 22. Prop 22 carves out an exemption for these companies, allowing them to continue to treat their drivers as contractors, without providing those workers with the benefits and wages given to full employees. Advocates of Prop 22 outspent their opponents 10-1.

The Washington Post, among other media outlets, has chronicled how the far-reaching campaign, which touted its support for worker “flexibility,” may have misled some voters, including the drivers themselves, as to what the ballot measure actually proposed. If California lawmakers want to amend the result they’re going to have a difficult time of it - a provision of Prop 22 holds that it can only be reversed by a 7/8ths supermajority of the state’s legislature. The tech titans at Uber and Lyft have already signaled their intention to recreate the measure’s success in other states.

Ironically, the development of ballot initiatives and referenda as a new way for voters to change laws and policies directly grew out of the Progressive Era (1896-1916) and its efforts to fight against entrenched corporate power and the grip of monopolistic “trusts” on policy makers. But if Prop 22 demonstrates that ballot measures are no less susceptible to corporate takeover than any other part of our democracy, a narrow victory in Alaska suggests that these measures also still hold the potential to create radical reforms...

Alaska’s Ballot Measure 2 - Squeaking by with just 50.55% of the statewide vote, this measure may have been the most ambitious electoral reform effort to succeed in 2020. As a result of Measure 2, Alaska will no longer hold party-based primary elections for the governorship, the state legislature, and congressional seats. Democrats and Republicans, and whoever else can get on the ballot, will all run together, and whoever wins one of the top four slots will move on to the general election--whether they belong to a major party or not. Alaska’s general elections, including the presidency, will be decided by ranked choice voting, a method its supporters argue will reduce political polarization and increase voter empowerment. Finally, this measure creates stricter campaign finance rules, intended to shine a stronger light on people and organizations who try to hide their political influence through indirect financial contributions.

The ballot question campaigns show that the flow of money is a crucial factor in almost every aspect of our politics. Oregon’s Measure 110 was authored by its primary funder, the Drug Policy Alliance, a non-profit advocacy organization based in New York. Prop 22’s more than $200 million campaign was one of the most expensive in California’s history, uniting fierce business rivals like Uber and Lyft. A rundown of campaign support for Alaska’s Ballot Measure 2 can be found on ballotpedia.org.

The Progressive Era popularized ballot measures to counter the influence of money and restore political power to the people. But more than 100 years later, it is clear that the influence of money now can and does flow in all directions. Many businesses are demonstrating they are as committed to politics as they are to profits and will pay handsomely to flood the public discourse with their preferred messages.

As a non-profit, nonpartisan organization, the Edward M. Kennedy Institute for the United States Senate is committed to seeking new and compelling ways to help people equip themselves with the tools necessary to make well-informed political decisions, whether voting for candidates or ballot questions, and to be educated and engaged participants in our democracy.

Additional resources:

One of the best resources we can highlight for voters in future ballot questions is the free, online Ballotpedia. Click here to learn more about potential 2022 ballot measures.
In recent years, the Institute has also hosted several programs, viewable online, to help Massachusetts voters educate themselves about issues that are now also coming up in many other states:

• The Citizens’ Choice: Ranked Choice Voting (September 17, 2020)
• The Citizens’ Choice: Raising the Cap on Charter Schools (October 27, 2016)
• The Citizens’ Choice: Legalizing Recreational Marijuana (September 21, 2016)