Superseding initiative

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A superseding initiative is the initiative that prevails when two or more conflicting initiatives are approved at the same election. There are two common approaches to resolving the outcome when two conflicting initiatives are both approved. In some states, the measure with the most affirmative votes takes effect and the other measures do not. In other states, the measure with the most affirmative votes prevails only on points of conflict.

HIGHLIGHTS

Seventeen (17) of the 25 states with active initiative and referendum processes have statutory or constitutional provisions addressing superseding initiatives.

Related legislation: In 2018, South Dakota passed Senate Bill 10 to provide that when initiated measures or constitutional amendments passed at the same election conflict with one another, the measure receiving the highest number of votes becomes enacted.

Requirements by state

Seventeen (17) states have statutory or constitutional provisions addressing superseding initiatives, including:

• Eight states provide that the entire ballot initiative that received the most affirmative votes supersedes the competing initiative;
• Seven states provide that the initiative with the most affirmative votes supersedes the competing initiative on any points of conflict; and
• Two states—Maine and Washington provide that the ballot be organized so voters must choose between the two or neither.

Eight states do not provide any provisions addressing superseding initiatives.

The following map provides information on superseding initiative provisions: