Ohio voters defeated a major ballot initiative on Tuesday that would have ended partisan gerrymandering in the state and curbed the lopsided majorities Republicans hold in the state legislature and US House delegation. The measure, known as Issue 1, was voted down with 54 percent of the vote.

Republicans aggressively used their power to thwart a measure that seemingly had the support of a large majority of the state’s voters. Ohio voters passed two previous redistricting reform measures, in 2015 and 2018, with more than 70 percent of the vote each time.

But when it came time to put Issue 1 on the ballot, Ohio Republicans grossly misrepresented the intention of the measure, which would have created a citizens redistricting commission to draw new maps for the state legislature and US House after GOP legislative leaders gutted the previous redistricting initiatives. The summary of the ballot initiative adopted by the Ohio Ballot Board, which has a Republican majority, implied the measure would encourage partisan gerrymandering rather than curb it, claiming the initiative would “repeal constitutional protections against gerrymandering” and “manipulate the boundaries of state legislative and congressional districts to favor the two largest political parties in the state of Ohio.” 

The board’s chair, GOP Secretary of State Frank LaRose, who lost the GOP primary for US Senate in 2024, is a member of the GOP-dominated redistricting commission that repeatedly voted for the state’s gerrymandered maps that gave Republicans supermajorities in both chambers—67 percent of seats in the state House and 69 percent in the state Senate, despite Trump only getting 53 percent of the vote in 2020. The Ohio Supreme Court struck down the gerrymandered state legislative and US House maps seven times, but Republicans like LaRose kept overriding the court’s opinions.

The group behind Issue 1, Citizens Not Politicians, which is led by former Ohio Supreme Court Chief Justice Maureen O’Connor, a Republican, immediately sued the ballot board, asking the Ohio Supreme Court to block the “biased, inaccurate, deceptive, and unconstitutional ballot language.”

But the Ohio Supreme Court, which gained a more conservative Republican majority after O’Connor’s retirement in 2022, largely approved the misleading language. That led to complaints from Ohio voters that they had been tricked into opposing a redistricting reform initiative that they actually supported.

As Bolts magazine reported:

When Songgu Kwon went to the polls earlier this month, he was eager to help Ohio adopt an independent redistricting commission. The comic book writer and illustrator, who lives near Athens, dislikes the process with which politicians have carved up Ohio into congressional and legislative districts that favor them, enabling Republicans to lock in large majorities. So he was pleased that voting rights groups had placed Issue 1, a proposal meant to create fairer maps, on the Ohio ballot this fall. 

“I’m in support of any measures that make the process more fair to reflect the will of the people, instead of letting the politicians decide how to gerrymander,” says Kwon.

In the voting booth, he reviewed the text in front of him. His ballot read that voting ‘yes’ would set up a panel “required to gerrymander the boundaries of state legislative and congressional districts,” and that it would “repeal constitutional protections against gerrymandering.” 

So Kwon voted ‘no’ on the measure—given what he’d just read, he thought, that had to be the way to signal support for independent redistricting. He’d gone in planning to vote ‘yes,’ but he was thrown off by this language he saw; he guessed that he must have been wrong or missed some recent development. “The language seemed really specific that if you vote ‘yes’, you’re for gerrymandering,” he now recalls in frustration. 

But when he left the polling station and compared notes with his wife, he quickly figured out that he’d made a mistake: He had just voted to preserve the status quo. To bring about the new independent process and remove redistricting from elected officials, as was his intention, he would have had to vote ‘yes.’

Those reports of confused voters were widespread. Eight in 10 Ohioans told pollsters they believed that it was important that “a candidate of one political party isn’t always guaranteed to win” when it comes to drawing legislative districts. But when the misleading GOP-crated ballot summary was read to voters, support dropped precipitously.

The result is a major defeat for democracy reform efforts nationwide. And it was also a sign of how Republicans were using their entrenched power to thwart direct democracy.

That happened in other states as well. In Florida, 57 percent of voters supported a measure to enshrine protections for reproductive rights in the state. But it became the first to fail to pass an abortion rights measure since the Supreme Court overturned Roe v. Wade because Florida requires a 60 percent supermajority to pass a ballot initiative and the state’s Republican Gov. Ron DeSantis campaigned heavily against it, even going so far to send his election fraud police to the homes of voters who signed a petition supporting abortion rights. That was a brazen abuse of power, but it was par for the course in the GOP’s bid to preserve minority rule.

Ohio voters defeated a major ballot initiative on Tuesday that would have ended partisan gerrymandering in the state and curbed the lopsided majorities Republicans hold in the state legislature and US House delegation. The measure, known as Issue 1, was voted down with 54 percent of the vote.

Republicans aggressively used their power to thwart a measure that seemingly had the support of a large majority of the state’s voters. Ohio voters passed two previous redistricting reform measures, in 2015 and 2018, with more than 70 percent of the vote each time.

But when it came time to put Issue 1 on the ballot, Ohio Republicans grossly misrepresented the intention of the measure, which would have created a citizens redistricting commission to draw new maps for the state legislature and US House after GOP legislative leaders gutted the previous redistricting initiatives. The summary of the ballot initiative adopted by the Ohio Ballot Board, which has a Republican majority, implied the measure would encourage partisan gerrymandering rather than curb it, claiming the initiative would “repeal constitutional protections against gerrymandering” and “manipulate the boundaries of state legislative and congressional districts to favor the two largest political parties in the state of Ohio.” 

The board’s chair, GOP Secretary of State Frank LaRose, who lost the GOP primary for US Senate in 2024, is a member of the GOP-dominated redistricting commission that repeatedly voted for the state’s gerrymandered maps that gave Republicans supermajorities in both chambers—67 percent of seats in the state House and 69 percent in the state Senate, despite Trump only getting 53 percent of the vote in 2020. The Ohio Supreme Court struck down the gerrymandered state legislative and US House maps seven times, but Republicans like LaRose kept overriding the court’s opinions.

The group behind Issue 1, Citizens Not Politicians, which is led by former Ohio Supreme Court Chief Justice Maureen O’Connor, a Republican, immediately sued the ballot board, asking the Ohio Supreme Court to block the “biased, inaccurate, deceptive, and unconstitutional ballot language.”

But the Ohio Supreme Court, which gained a more conservative Republican majority after O’Connor’s retirement in 2022, largely approved the misleading language. That led to complaints from Ohio voters that they had been tricked into opposing a redistricting reform initiative that they actually supported.

As Bolts magazine reported:

When Songgu Kwon went to the polls earlier this month, he was eager to help Ohio adopt an independent redistricting commission. The comic book writer and illustrator, who lives near Athens, dislikes the process with which politicians have carved up Ohio into congressional and legislative districts that favor them, enabling Republicans to lock in large majorities. So he was pleased that voting rights groups had placed Issue 1, a proposal meant to create fairer maps, on the Ohio ballot this fall. 

“I’m in support of any measures that make the process more fair to reflect the will of the people, instead of letting the politicians decide how to gerrymander,” says Kwon.

In the voting booth, he reviewed the text in front of him. His ballot read that voting ‘yes’ would set up a panel “required to gerrymander the boundaries of state legislative and congressional districts,” and that it would “repeal constitutional protections against gerrymandering.” 

So Kwon voted ‘no’ on the measure—given what he’d just read, he thought, that had to be the way to signal support for independent redistricting. He’d gone in planning to vote ‘yes,’ but he was thrown off by this language he saw; he guessed that he must have been wrong or missed some recent development. “The language seemed really specific that if you vote ‘yes’, you’re for gerrymandering,” he now recalls in frustration. 

But when he left the polling station and compared notes with his wife, he quickly figured out that he’d made a mistake: He had just voted to preserve the status quo. To bring about the new independent process and remove redistricting from elected officials, as was his intention, he would have had to vote ‘yes.’

Those reports of confused voters were widespread. Eight in 10 Ohioans told pollsters they believed that it was important that “a candidate of one political party isn’t always guaranteed to win” when it comes to drawing legislative districts. But when the misleading GOP-crated ballot summary was read to voters, support dropped precipitously.

The result is a major defeat for democracy reform efforts nationwide. And it was also a sign of how Republicans were using their entrenched power to thwart direct democracy.

That happened in other states as well. In Florida, 57 percent of voters supported a measure to enshrine protections for reproductive rights in the state. But it became the first to fail to pass an abortion rights measure since the Supreme Court overturned Roe v. Wade because Florida requires a 60 percent supermajority to pass a ballot initiative and the state’s Republican Gov. Ron DeSantis campaigned heavily against it, even going so far to send his election fraud police to the homes of voters who signed a petition supporting abortion rights. That was a brazen abuse of power, but it was par for the course in the GOP’s bid to preserve minority rule.

On an unusually warm Thursday afternoon three weeks before Election Day, Joe Sheehan, a Democratic candidate for the Wisconsin Assembly, took me on a tour of his hometown of Sheboygan, an industrial city of 50,000 on Lake Michigan that calls itself the “Malibu of the Midwest” and is best known for its bratwurst. We stopped on Superior Avenue, a wide, tree-lined street that runs east-west across the city, from the lake toward the countryside.

“This is one district,” Sheehan said, pointing to the north side of the block. He walked 10 feet to the other side of the street. “This is another district. Ta-da, gerrymandering!”

Both sides looked identical, with maple and oak trees and two-story homes festooned with Halloween decorations and blue Harris-Walz yard signs. But in 2011, when Republicans drew new redistricting maps in secret to give themselves lopsided majorities in the legislature, they split the city of Sheboygan in half at Superior Avenue to attach both parts to the surrounding redder rural areas. Sheboygan had been represented by a Democrat in the Assembly in all but four years between 1959 and 2011, but ever since it has elected two Republicans, becoming a poster child for the gerrymandered maps that were regarded as among the worst in the country.

Last year, however, a progressive majority took over Wisconsin’s Supreme Court and struck down the skewed lines. The Republican-controlled legislature reluctantly passed new maps proposed by the state’s Democratic Gov. Tony Evers, which gave both parties a roughly equal chance of winning control and dramatically increased the number of competitive races. Democratic-leaning Sheboygan, which Joe Biden carried by 8 points in 2020, became whole again and is now one of the 15 seats Democrats need to win to regain control of the state Assembly (the lower house) for the first time in a decade and a half.

“Wisconsin was not a democracy by any meaningful definition of that word. This year, Wisconsin is a democracy. Whoever gets more votes, will probably get more seats.”

Sheehan is running for office for the first time at 66. He served for 20 years as the superintendent of Sheboygan-area schools, but came out of retirement to help Democrats regain control of the Assembly after new maps were put in place. “That’s a huge part of me running,” he told me. “Previously, when the city was split up, Democrats had a really hard time winning because their vote was split up. Now their vote isn’t.”

Sheehan has a bushy salt-and-pepper mustache and describes himself as a Tim Walz Democrat, “not formal, more of a coach-teacher type.” His first TV ad shows him in the classroom talking, much like Walz, about the importance of free breakfast and lunch for kids, which his opponent, GOP Rep. Amy Binsfeld, voted against. He’s the type of home-grown and authentic candidate that Democrats believe can help end 13 years of hard-edged GOP control of the state.

While the presidential race consumes virtually all of the country’s political oxygen, there’s a tremendous amount at stake at the state legislative level in 2024 as well. Democrats are vying to retake or maintain control of legislative chambers in more than half of the presidential battlegrounds, including Wisconsin, Arizona, Michigan, and Pennsylvania.

The new lines in Wisconsin represent a sea change in one of the country’s most important toss-up states. Democrats have won 14 of the past 17 statewide elections in Wisconsin, but Republicans control 65 percent of seats in the Assembly and 67 percent of seats in the state Senate, just short of a supermajority in both chambers. “For over a decade, we had maps in Wisconsin that made it more likely that Republicans would have two-thirds supermajority than Democrats would have a majority in an almost perfectly 50–50 state,” said Rep. Greta Neubauer, the Democratic leader in the Assembly.

This seemingly voter-proof advantage gained through gerrymandering gave legislative Republicans a green light to entrench their power through tactics like voter suppression, dark money, and stripping Democrats of power, while the size of their inflated majorities allowed them to block, with little accountability, popular policies on issues like abortion rights, health care, gun restrictions, and education. “For more than a decade, Wisconsinites knew the victor in the state legislative races in advance,” said Ben Wikler, chair of the Wisconsin Democratic Party. “Wisconsin was not a democracy by any meaningful definition of that word. This year, Wisconsin is a democracy. Whoever gets more votes, will probably get more seats.”

In 2022, there was just one true toss-up Assembly race in the state, according to the Milwaukee-based journalist Dan Shafer, despite competitive elections for virtually every statewide office. Now, under the new lines, there are 10 districts that Biden won by 2 points or less. “We absolutely believe there’s a path to a Democratic majority here,” said Neubauer, while admitting that picking up 15 seats to regain control “is a lot to flip in one year.” (Only half of the state Senate is up this cycle, so 2026 is the earliest it could flip to Democrats.) But even if Democrats simply reduce the GOP’s advantage, that will bring the legislature more in line with the purple nature of the rest of the state. “What the gerrymander did was prevent the voters from holding Republican legislators accountable for the decisions that they were making in Madison,” said Neubauer. “I really do see these fair maps starting to restore the democratic process in Madison and hopefully increasing bipartisan work.”

Wikler believes that legislative candidates like Sheehan represent a “secret weapon” for Democrats up and down the ballot this year. Democrats recruited candidates in 97 of the state’s 99 Assembly districts and the increase in the number of competitive races could boost Democratic turnout, he argues, which could make the difference in a state that is regularly decided by 20,000 votes or less in presidential elections.

“There’s always these moments in the Fast & Furious movies when Vin Diesel hits the nitrous and pulls into the lead, and that nitrous super boost this year for Democrats could be the state legislative races,” he said.

The progressive group Run for Something, which recruits candidates for downballot races, calls it the “reverse coattails” effect. The group studied seven battleground states in 2020, including Wisconsin, and found that when Democratic state legislative candidates ran for office in districts where Republicans previously ran unopposed, the Democratic vote share for the top of the ticket increased by anywhere from 0.4 percent to 2.3 percent.

Wikler predicts there’s a small but significant number of potential Democratic voters in the state who are disillusioned by national politics but will vote in state races because of issues like Wisconsin’s 1849 abortion ban or cuts to public schools. “It’s not a huge number, but it doesn’t take a huge number of people to tip statewide elections in Wisconsin,” he said. “If you turn out a few hundred more voters in a handful of key state legislative districts that could add up to the statewide margin of victory in the presidential race in the state that tips the entire Electoral College.”

He’s betting that candidates like Sheehan can break through stereotypes of the party in a way that Harris might not be able to do, like the one splashed on a giant red-and-white sign I saw when I drove into Sheboygan: “Kamala wants to do to Wisconsin what she did to California.”

Few voters will perceive Sheehan as a California liberal, however. His yard signs are green, the color of his beloved Green Bay Packers, and the campaign material he gives to voters has the team’s schedule on the back. “That’s one thing they won’t throw away,” he said.

As Sheehan knocked on doors in Sheboygan, his crossover appeal became evident—but so did the difficulty of automatically translating his support to the rest of the Democratic ticket. He turned off Superior Avenue and passed a gray house adorned with colorful Halloween decorations, including a severed head that looked all too real. Darbie Magray, a welder who wore a purple-and-blue tie-dye sweatshirt, yelled out that she’d already voted by mail for Sheehan. She is the type of swing voter Democrats need to win if they hope to flip the legislature and carry the state—a registered Independent who is skeptical of Trump but still not sold on Harris. “I don’t like Donald Trump at all,” she said, as her son precariously climbed on the porch railing to attach a head on a skeleton. But she wasn’t a fan of Harris, either. “I don’t like some of the things she’s done either,” she said. “I don’t like that she let all these immigrants come over.”

Magray wouldn’t say which candidate she supported for president, but she openly expressed her admiration for Sheehan, citing his support for public schools and vow to protect abortion rights. “I just think he’s the best candidate,” she said.

Sheehan said he’s knocked on 3,000 doors in Sheboygan and talked to 40 voters who said they’ll vote for him and Trump. “What they told me is, ‘Joe, it sounds like you’re listening to me and want to get along,’” he said.

“If you turn out a few hundred more voters in a handful of key state legislative districts that could add up to the statewide margin of victory in the presidential race in the state that tips the entire Electoral College.”

After knocking on doors, he took me to his favorite bratwurst restaurant, Northwestern House, a former brothel next to the railroad tracks. The owner gave him a dap as he entered and said he’d voted for him. So did a number of other elderly white patrons who didn’t look like your stereotypical wine-drinking, latte-sipping, Zoom-watching Harris voter. Sheehan ordered a double brat sandwich with butter and brown mustard, a Sheboygan staple, with a side of tater tots—the type of meal that would put most candidates to sleep. “You got a familiar face,” a man visiting from Janesville told him. “You’re either running for something or a car dealer.” When Sheehan said he was running for Assembly, the man told him, “You got a friendly face. Good luck.”

With so much polarization in politics these days, maybe a friendly face eating brats is exactly what could swing the balance of power in a battleground state that will be decided by the smallest of margins.

In 2010, as Democrats were preoccupied with passing Barack Obama’s legislative agenda in Washington, Republicans blindsided them by picking up nearly 700 state legislative seats. This “shellacking,” as Obama called it, gave the GOP the power to draw four times as many state legislative and US House districts as Democrats in the subsequent redistricting cycle, including in critical swing states like Wisconsin.

Democrats have been playing catch up at the state level ever since. They unexpectedly picked up chambers in Michigan, Minnesota, and Pennsylvania in 2022, but remain at a significant disadvantage, with Republicans controlling 56 legislative chambers compared to 41 for Democrats.

The States Project, an outside group that supports Democratic state legislative candidates, is focusing on nine states in 2024: flipping GOP-held chambers in Arizona, New Hampshire, and Wisconsin; defending new Democratic majorities in Michigan, Minnesota, and Pennsylvania; preventing GOP supermajorities in Kansas and North Carolina to preserve the ability of Democratic governors to veto legislation; and winning a Democratic supermajority in Nevada that could override the vetoes of the state’s Republican governor.

Major national developments, including Trump’s attempt to overturn the 2020 election at the state level and the Supreme Court’s 2022 decision overturning Roe v. Wade, have underscored the importance of state legislative races. “2024 is potent combination of state legislatures posing a risk to a free and fair presidential election and state legislatures having been handed a fundamental constitutional right,” said Daniel Squadron, co-founder of the States Project.

In addition to the weighty issues state legislatures decide—from voting laws to abortion rights to gun control to book bans—their balance of power is often decided by a handful of votes. New Hampshire Republicans won a majority in the state house by 11 votes in three races in 2022. Control of the Virginia House of Delegates was determined by a coin flip in 2017.

Despite the outsize importance of state legislative chambers—and the fact that Republicans have used their power over state politics to roll back so many hard-won rights—Democrats continue to pay less attention to these races than Republicans.  

On October 10, one day after the Harris campaign announced that it had raised a staggering $1 billion, the Democratic Legislative Campaign Committee (DLCC) warned that it was $25 million short of money needed for “essential voter contact tactics,” including funding for TV ads, mailers, digital outreach, and door-knocking programs, despite receiving $2.5 million from the Harris-Walz ticket.

“The latest data from the field shows our party’s collective effort to win key state legislative races could fall short this cycle without a significant increase in financial support to close essential funding gaps in the final weeks of this election,” wrote DLCC President Heather Williams. “Right now, our internal data suggests we may be on an eerily similar trajectory to the 2020 election outcomes—when Democrats narrowly won the White House and took full control of Congress, yet lost more than 100 Democratic legislative seats and two chamber majorities in the states.”

Those resources are especially vital because Democrats are less likely to vote for downballot races than Republicans, who tend to vote straight-ticket for all contests. That could end up costing Democrats control of pivotal swing chambers. “It’s no secret we are still working to tell the story of what I would say is an ‘and’ strategy,” said Williams. “Democrats need to care about what is happening in the White House and the Congress and the states.”

When I asked Squadron, a former New York state senator, if state legislative races were getting enough attention amid the presidential race, he responded, “The answer is an emphatic no! Enough attention relative to the ability to impact electoral outcomes? No. Enough relative to their impact on people’s lives? No. Enough attention relative to their role in preserving a liberal democracy in this country? No.”

Even though many Democratic candidates, including Harris, have focused their campaigns on issues like abortion and fair elections, a shocking number of Democratic donors and voters still don’t seem to understand that states are far more likely to decide these issues than the federal government, especially in the wake of recent Supreme Court decisions embracing states’ rights.

“Structurally, state legislatures don’t get the attention that top of the ticket races do,” said Squadron. “There continues to be a fundamental belief, especially among Democrats, that the federal government is a greater source of harm or improvement in people’s lives than state governments in a way that just isn’t accurate.”

But deep-pocketed GOP donors do understand the importance of investing at the state level.

Two GOP megadonors, Elizabeth Uihlein (whose family has bankrolled much of the election denial movement) and Diane Hendricks (the state’s richest woman), donated $4.5 million last month to Wisconsin Assembly Republicans, giving them a $2.5 million advantage over Assembly Democrats. Republicans changed Wisconsin law in 2015 to allow unlimited donations to legislative campaign committees—one of the many ways in which they undermined the democratic process under GOP Assembly Leader Robin Vos to entrench their power. “We have no one who can write us a $1 million check,” Neubauer said. “That puts us at a competitive disadvantage.”

But what Democrats lack in money, they hope to make up in old-fashioned shoe leather. Compared to past elections, where GOP control of the legislature was predetermined, Neubauer said she’s “seen incredible enthusiasm in Sheboygan and the other districts that were significantly gerrymandered under the old maps. People are thrilled to have the opportunity to compete in a competitive election at the legislative level.”

After I visited Sheboygan, I drove an hour north to Green Bay, where Harris was holding a campaign rally across the street from Lambeau Field. Wikler spoke first to the crowd of 4,000 supporters. One of the biggest applause lines of the night came when he referenced the state legislative races. “We finally have fair maps in the state of Wisconsin!” he said to cheers. “We can make Robin Vos the minority leader in the state Assembly and Greta Neubauer the majority leader.”

Few voters nationally could name these people, but everyone at the rally in Wisconsin understood the stakes.

In June, Ohio held a special election to fill an open congressional seat in a district that voted 72 percent for Donald Trump in 2020.

On Election Day, former Ohio Supreme Court Justice Maureen O’Connor drove the length of the sprawling 200-mile district, which Republicans drew two years ago to dilute the influence of Democratic voters and boost their own power. Crisscrossing 11 counties and four media markets, she started at the fairgrounds in rural Marietta, on the West Virginia border; followed the Ohio River through the foothills of the Appalachian Mountains; stopped in Steubenville, near Pennsylvania; and ended at a polling site in urban Youngstown.

Although Democrats performed much better than expected, the outcome of the race was never in doubt. GOP state Sen. Michael Rulli, a grocery store owner who called himself “the Trump candidate,” won easily. “This was drawn to make the 6th Congressional District as favorable to a Republican as possible,” a dismayed O’Connor said after. “That’s the definition of gerrymandering.”

O’Connor, 73, has short gray hair and an affinity for pearls, with the tough, no-nonsense demeanor of a former prosecutor. She’s been a Republican for four decades, serving as the first female chief justice in Ohio and the longest-tenured female statewide politician. But, now retired, she was traveling the state like a Johnny Appleseed for democracy, rallying voters against gerrymandering and taking on leaders of her own party, who have aggressively used the tactic to give Republicans lopsided majorities in the legislature and the state’s US House delegation. (Nationally, gerrymandering gives Republicans an advantage of 16 House seats, according a new report by the Brennan Center for Justice.) She was visiting the 6th District to collect signatures for an initiative on the November ballot that would create a citizens redistricting commission to draw district maps free from political interference. “The system doesn’t work because of the involvement of the politicians,” O’Connor told me. “Let’s get politicians out of the mix and return that power, like it was at the beginning of the country, to ‘we the people.’”

“This is part of a larger story of whether we truly have a representative democracy and how the rules are being written in a way where people don’t have as much of a say. And so the response has been people turning to the ballot measure process.”

Half of all states allow citizens to place constitutional amendments and other initiatives on the ballot, and the importance of direct democracy extends well beyond Ohio. The initiative and referendum process originated at the turn of the 20th century, when Jim Crow was firmly entrenched in the South and robber barons held sway over much of the North and West, leading to growing complaints that democratic institutions were no longer responsive to popular demands. “I believe in the initiative and the referendum, which should be used not to destroy representative government, but to correct it whenever it becomes misrepresentative,” former President Teddy Roosevelt said when he visited Columbus, Ohio, in 1912 to endorse an effort to amend the state’s constitution through ballot initiatives.

Direct democracy does not always lead to good public policy—see Brexit, for example. Special interests and ideologues have often hijacked the ballot initiative process, putting complicated issues before voters that could be better handled by the legislature. But in hyper-gerrymandered states like Ohio, the only way to ensure that the will of the majority is followed is to override representative democracy and go directly to the people. This strategy has taken on renewed urgency in response to recent US Supreme Court decisions taking away fundamental rights, from the gutting of the Voting Rights Act to the overturning of Roe v. Wade. These initiatives can garner support across party lines in a way that is otherwise impossible in a highly polarized partisan political climate.

Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, seven states have voted directly on abortion, and in all seven—red and blue alike—abortion-rights advocates have won. This year, voters in 10 states, a record number, will vote on whether to enshrine protections for reproductive rights, including in battlegrounds such as Arizona, Florida, Montana, and Nevada. “Dobbs gave people a real clear example of rights that we thought were guaranteed not being secure,” says Chris Melody Fields Figueredo, executive director of the Ballot Initiative Strategy Center (BISC), a progressive advocacy group. “Right now, in a number of states, this is the only way to protect reproductive rights.”

This election cycle, voters will weigh in on 153 statewide measures, including 57 initiated by citizens, according to BISC. In addition to fighting gerrymandering and protecting reproductive rights, they will have the opportunity to adopt ranked-choice voting (Colorado, Idaho, Nevada, Oregon), enshrine no-excuse absentee voting (Connecticut), protect marriage equality (California, Colorado, Hawaii), and raise the minimum wage (Alaska, California, Massachusetts, Missouri).

Not all these measures will lead to progressive policies. State-level Republicans are also using the initiative process to advance their own priorities, such as tougher immigration laws, private school vouchers, and new voting restrictions. Meanwhile, they are also pushing proposals that would make it harder for citizen-led groups to get future initiatives on the ballot.

At a time when so much attention is focused on the presidential race, what happens at the frequently overlooked bottom of the ballot will be just as consequential. If Trump regains power, states will become the last line of defense for protecting fundamental rights. And if Kamala Harris wins and Democrats recapture both houses of Congress, the states can once again become “laboratories of democracy,” in the words of former Supreme Court Justice Louis Brandeis, showing how to regain freedoms that have been ripped away by Republicans in Washington and a regressive Supreme Court.

“This is part of a larger story of whether we truly have a representative democracy and how the rules are being written in a way where people don’t have as much of a say,” Fields Figueredo says. “And so the response has been people turning to the ballot measure process where they can to make decisions that govern their lives.”

The fight against gerrymandering is personal for O’Connor.

In 2015, 71 percent of Ohio voters approved the creation of a redistricting commission that was supposed to stop gerrymandering in the state. It included the state’s most powerful politicians—the governor, secretary of state, auditor, and leaders of the state legislature—and tasked them with ending “the partisan process” for drawing state legislative maps. Three years later, an even larger percentage of Ohio voters approved a similar initiative applying to congressional districts.

But when Republicans on the commission, which had a 5–2 GOP majority, drew new legislative maps after the 2020 census, they flagrantly ignored this assignment. The lines they approved gave Republicans a supermajority in both chambers of the legislature—67 percent of seats in the state House and 69 percent in the state Senate. GOP members of the commission laughably asserted that because Republicans had won 13 of the past 16 statewide elections, they were entitled to up to 81 percent of legislative seats, even though Republican candidates hadn’t gotten anywhere close to that percentage of votes statewide.

Under O’Connor’s leadership, the Ohio Supreme Court did not buy that argument. By a 4–3 vote, it struck down the maps in January 2022; O’Connor joined her Democratic colleagues to cast the deciding vote.

But Republicans on the redistricting commission, instead of following the court’s orders, kept defying them—not once, but seven times. Every time the court struck down a gerrymandered map, Republicans passed a new one, until a separate federal court stepped in and said there was no time to rectify the gerrymandering before the 2022 election, forcing Ohioans to vote in districts that had been deemed illegal over and over. With a legislative supermajority, “we can kind of do what we want,” bragged commission member Matt Huffman, the Republican state Senate president. And they did, passing one extreme policy after another, from a six-week abortion ban to a bill allowing Ohioans to carry a concealed handgun practically anywhere without a permit or background check to stripping the Republican governor and his health director of the authority to manage the Covid-19 pandemic. Some far-right members of the legislature even floated impeaching O’Connor.

O’Connor grew up as one of eight kids in an Irish Catholic family in suburban Cleveland and rose through the ranks of Ohio politics, from county prosecutor to lieutenant governor, before joining the court in 2002 and becoming chief justice in 2011. She was known for her blunt manner and maverick streak, bucking her party on issues like abortion and criminal justice reform. “When I first met her, I was a bit scared of her, too,” joked former Ohio Supreme Court Justice Yvette McGee Brown, “and the reputation is well-deserved.” In a concurring opinion in the gerrymandering case, O’Connor made clear her disappointment with the GOP-led redistricting commission and outlined how Ohioans could reform the process.

“Having now seen first-hand that the current Ohio Redistricting Commission—comprised of statewide elected officials and partisan legislators—is seemingly unwilling to put aside partisan concerns as directed by the people’s vote, Ohioans may opt to pursue further constitutional amendment to replace the current commission with a truly independent, nonpartisan commission that more effectively distances the redistricting process from partisan politics,” she wrote.

At the end of 2022, O’Connor was forced to retire from the court at age 71 due to term limits. A more conservative justice replaced her, shifting the court’s Republican majority well to the right and ensuring that the gerrymandered legislative maps would not be struck down again. Days after leaving the bench, O’Connor channeled her anger into action, leading a new group, Citizens Not Politicians, in a bid to create what she had called for in her opinion—a citizens redistricting commission divided equally among Democrats, Independents, and Republicans.

Citizens Not Politicians submitted 535,000 valid signatures in July to qualify for the ballot, and this November, Ohio voters could finally end gerrymandering once and for all. “This is the most important thing I’ve ever done,” O’Connor says.

Supporters of the initiative argue that it will bring Ohio’s legislature and US House delegation more in line with the rest of the state, which leans toward Trump and hometown running mate JD Vance, but is more purple than deep red, with a few Democrats, like US Sen. Sherrod Brown, still able to win statewide office.

“It would change the state in a huge way, not because it means Democrats are going to have some guaranteed majority,” says David Pepper, former chair of the Ohio Democratic Party and author of Laboratories of Autocracy: A Wake-Up Call From Behind the Lines. “What it will mean is a majority that generally leans Republican, quite close, reflecting Ohio’s closeness, but most importantly, because you have the safety valve of fair districts and competitive races, the driving force of Ohio politics will not be the extremists in the statehouse.”

The pushback against direct democracy has been just as fervent as the push for it.

In August 2023, Republicans in the Ohio Legislature forced a vote on a ballot initiative, known as Issue 1, that would have made it much harder to pass future initiatives. It called for changing the threshold for passing a ballot measure from a simple majority vote to a 60 percent supermajority, and it required organizers to gather signatures from 5 percent of voters in all of the state’s 88 counties instead of the 44 currently needed. Republicans scheduled the vote in the dead of summer, when many people were on vacation and students were out of town, to try to sneak it through with little public scrutiny.

That move was part of a larger trend. In 2017, BISC tracked 33 bills seeking to alter the ballot measure process. In 2023, lawmakers in 39 states introduced 165 bills to change the process, 76 of which sought to restrict or undermine initiatives. “After the Dobbs decision, conservatives in Republican-trifecta states have doubled down on trying to undermine the will of the people,” Fields Figueredo says.

“You put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out and vote,” former Pennsylvania Republican Sen. Rick Santorum complained.

Republicans claimed the 2023 Ohio initiative was meant to stop “out-of-state special interests,” but one legislator admitted privately that it was designed to preempt passage of an abortion-rights measure that had qualified for the November 2023 ballot, as well as O’Connor’s redistricting reform effort. And, in fact, “out-of-state special interests” were the very people behind the GOP effort. The largest individual donor to the Issue 1 cause was far-right Illinois megadonor Richard Uihlein, who helped bankroll the “Save America” rally that preceded the January 6 insurrection and has funded scores of candidates and groups promoting election denialism. When the bill received a ­hearing­ in the legislature, the only person who testified in favor of it was a representative from a little-known think tank in Florida, the Foundation for Government Accountability, that received nearly $18 million from Uihlein. The foundation, which has led the behind-the-scenes push to limit direct democracy around the country, is affiliated with the State Policy Network, an alliance of conservative think tanks, and it has received more than $5 million from the dark-money network led by Federalist Society Co-Chair Leonard Leo.

The Republicans’ gambit in Ohio backfired spectacularly. The anti-initiative initiative was defeated with 57 percent of the vote, and that November, Ohioans passed new measures enshrining the right to abortion in the state constitution and legalizing recreational marijuana by similarly decisive margins. “You put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out and vote,” former Pennsylvania Republican Sen. Rick Santorum complained afterward.

But the popularity of direct democracy in Ohio hasn’t stopped Republicans from continuing to try to undermine it. After the Citizens Not Politicians initiative qualified for the ballot this year, the Ohio Ballot Board, which like the redistricting commission has a Republican majority, grossly misrepresented the intention of the measure. The summary of the ballot initiative adopted by the board implied the measure would encourage partisan gerrymandering rather than curb it, claiming the initiative would “repeal constitutional protections against gerrymandering” and “manipulate the boundaries of state legislative and congressional districts to favor the two largest political parties in the state of Ohio.” Shortly thereafter, Speaker of the House Mike Johnson (R-La.) came to Ohio to raise money for the campaign working to defeat the anti-gerrymandering initiative.

Citizens Not Politicians immediately sued the ballot board, asking the Ohio Supreme Court to block the “biased, inaccurate, deceptive, and unconstitutional ballot language.” The board’s chair, GOP Secretary of State Frank LaRose, who lost the GOP primary for US Senate in 2024, is a member of the redistricting commission that repeatedly voted for the state’s gerrymandered maps and previously voiced support for impeaching O’Connor. He was also a leading proponent of the effort to make it harder to amend the Ohio Constitution, which he admitted was “100 percent about keeping a radical pro-abortion amendment out of our constitution.”

Republicans are using the initiative process to undermine voting rights in other ways, too. Republican-controlled legislatures have placed initiatives on the ballot in eight states mandating that only US citizens can vote in state elections.

“The self-dealing politicians who have rigged the legislative maps now want to rig the Nov. 5 election by illegally manipulating the ballot language,” O’Connor said in a statement at the time. On September 17, in a 4-3 decision, the conservative majority on the Ohio Supreme Court upheld the bulk of the board’s ballot summary.

That’s indicative of how Republicans across the country are responding to citizen-­initiated measures they don’t like. Take Arizona, where voters will consider an initiative that would repeal the state’s near-total abortion ban and establish a constitutional right to the procedure. The Republican-led legislature put 11 of its own initiatives on the ballot, which supporters of abortion rights call a “voter exhaustion tactic.”

Some of them are particularly egregious. After the Arizona Supreme Court reinstated an abortion ban dating back to 1864 earlier this year, abortion-rights supporters targeted two of the justices for removal at the ballot box. So the legislature placed a referendum on the ballot that would eliminate six-year terms for Supreme Court justices and allow them to serve indefinitely if they adhere to “good behavior.” It would apply retroactively to October 31, meaning that if voters decide not to retain the anti-choice justices but also approve the initiative eliminating fixed terms, the judicial election will be effectively nullified.

At the same time, Arizona Republicans are trying to impose new obstacles to getting future citizen-led initiatives on the ballot, like Ohio Republicans attempted last year, following the playbook developed by the Foundation for Government Accountability and the right’s dark-money network. Currently, voters must collect signatures equal to 10 or 15 percent of the vote in the last gubernatorial election to place a statute or constitutional amendment on the ballot. But another referendum advanced by the legislature would require organizers to collect that number of signatures in all the state’s 30 legislative districts, essentially allowing voters in just one district to veto the wishes of the other 29.

A similar law passed in Arkansas last year, increasing the number of counties in which initiative supporters must collect signatures from 15 to 50 of the state’s 75 counties. Voters rejected a nearly identical proposal in 2020, introduced after initiatives raising the minimum wage and legalizing medical marijuana passed over the objections of GOP lawmakers. Arkansas Republicans also blocked an initiative this year that would have overturned the state’s near-­total abortion ban, with the state Supreme Court disqualifying it from appearing on the November ballot because it said organizers did not properly submit an obscure bit of paperwork.

Utah Republicans have gone even further, asking voters to give the legislature the explicit power to undermine the will of the voters. In 2018, Utah voters, like in Ohio, passed a measure creating an independent redistricting commission to draw new legislative maps and ban partisan gerrymandering. But Utah Republicans passed a new bill that effectively repealed the initiative and drew a map that divided Salt Lake City among all four of the state’s congressional districts to prevent Democrats from winning any of them. After the Utah Supreme Court ruled in July that the legislature had violated the state constitution, Republicans authorized a new ballot initiative asking voters to grant the legislature the authority to amend or repeal citizen-led initiatives. Democratic leaders called it a “blatant power grab.”

Republicans were hoping to convince voters to side against their own interests by including a provision banning foreign entities from donating to initiative campaigns, even though legislative leaders could not cite any evidence of that occurring. But as in Ohio, the move to erode direct democracy backfired on Republicans. On September 25, the Utah Supreme Court unanimously ruled that the measure violated the state constitution and votes for it would not be counted in November.

Republicans are using the initiative process to undermine voting rights in other ways, too. Republican-controlled legislatures have placed initiatives on the ballot in eight states mandating that only US citizens can vote in state elections. The proposals, developed based on model legislation drafted by the American Legislative Exchange Council, which connects corporations with conservative state legislators, furthers Trump’s lie that noncitizens are illegally voting in US elections, and could lay the groundwork for future restrictions on ballot access.

When voters have used the initiative process to expand voting rights, Republicans have frequently gutted those efforts. The most notable instance occurred in Florida, where 65 percent of voters in 2018 approved Amendment 4, repealing one of the country’s worst felon-disenfranchisement laws, dating back to Jim Crow. But months later, the GOP-controlled legislature passed another law requiring ex-offenders to pay off all fines, fees, and restitution before casting a ballot, which prevented about 700,000 people from voting even after they had served their time. Voting-rights advocates called it a “modern-day poll tax.” In a highly publicized crackdown on voter fraud that seemed designed to have a chilling effect on voter participation, Republican Gov. Ron DeSantis’ election police force arrested 20 ex-offenders, even though some had no idea they were ineligible to vote. (More recently, the election police force has gone door to door questioning the signatures of people who supported putting an abortion­-rights referendum on the ballot.)

The Amendment 4 fight showed how passing a ballot measure is one thing, but successfully implementing it is another struggle altogether. State and federal supreme courts regularly rule on their constitutionality, and state legislatures often seek to undermine or repeal them.

“Republicans voted for a number of these ballot measures and then went on to vote for candidates that don’t support reproductive rights,” Fields Figueredo of BISC says of abortion-rights initiatives that have passed since Dobbs. “This year, folks are having to do more work to make that connection. To make sure the will of the people is heard, we need to have people in governing power to follow through on what voters did.”

Democrats plan to draw attention to ballot initiatives in 2024 as a way not just to boost turnout for the top of the ticket, but to emphasize the importance of down-ballot races that tend to receive little attention but go hand in hand with the initiative process. That’s a tricky balancing act, because if Democrats promote the initiatives too aggressively, it could limit their bipartisan appeal.

In Ohio, supporters are bullish that the anti-gerrymandering initiative will pass—and survive legislative and judicial attempts to kill it. “Would you rather have citizens draw the maps than the politicians?” asks Pepper, the former Democratic Party chair. “That contrast strikes a really strong chord.”

While top Republicans in Ohio view O’Connor as a Liz Cheney-esque figure, a former leading light of the GOP establishment who became an apostate, she has no regrets about taking on powerful forces in her own party for the good of democracy. “I’m not going to let these misguided, self-serving politicians define what kind of Republican I am,” she says.