How Gambling Ballot Measures Work in the United States

A gambling ballot measure is a question placed before voters that can legalize, restrict or change how gambling is authorized, and as of October 2026 the route it takes to the ballot depends on the state. The National Conference of State Legislatures (NCSL) describes three forms of ballot measure that “allow citizens to vote directly on statutes and constitutional amendments”: citizen initiatives, popular referenda and legislative referrals. In gambling policy, these measures matter because, in some states, a change to gambling law requires voter approval of a constitutional amendment. Two recent examples show the range. Missouri voters decided a sports wagering initiative in November 2024, and Florida voters decided in November 2018 whether to give themselves exclusive control over authorizing casino gambling. This article explains the three kinds of ballot measure, the steps an initiative generally follows, what happened in those two cases, and why a ballot result is only part of the legal picture. It is a general explanation and does not take a position on any measure or tell readers how to vote.

Why Some Gambling Decisions Go to Voters

Gambling is regulated largely at the state level, so each state’s own constitution and statutes decide how it can be authorized. Where a change requires a constitutional amendment, the question must go to voters, because NCSL notes that changes to a state constitution must be approved by voters before they can take effect in every state except Delaware.

That is one reason some gambling questions are decided at the ballot box rather than in a legislative chamber. A citizen group can gather petition signatures to place a proposal before voters in states that allow initiatives, and a legislature can refer a proposal to the ballot itself. The result is a legal route that runs alongside the ordinary bill process explained in the USGamingLaw article on how a gambling bill becomes law.

The ballot route is also used to restrict gambling. Florida’s 2018 Amendment 3, discussed below, did not legalize any form of gambling; its text states that it ensures voters have the exclusive right to decide whether to authorize casino gambling. The common thread is who holds the decision: voters, rather than the legislature alone.

The Three Kinds of Ballot Measures

Citizen initiatives

NCSL states that, as of its November 2025 update, 24 states, the District of Columbia and the U.S. Virgin Islands have an initiative process. In the direct process, proposed measures that qualify go directly on the ballot. In the indirect process, the proposal goes to the legislature first, which can approve the measure or a substantially similar one, and if it does not, the question goes on the ballot. NCSL says that no two states have the same requirements, but the process generally includes a preliminary petition, an official review, a ballot title and summary, signature collection (usually a percentage of the votes cast for a statewide office in the preceding general election) and signature verification. Once an initiative is on the ballot, the general requirement for passage is a majority vote, though a few states have higher thresholds.

Popular referenda

A popular referendum lets voters approve or repeal an act of the legislature. NCSL explains that petitions generally must be submitted within a 90-day period after a law is passed, that the law may not take effect between passage and the popular vote, and that if voters reject it, the law is void and does not take effect.

Legislative referrals

A legislative referral is a measure the legislature places on the ballot, either because the state constitution requires it or by choice. NCSL says legislative referrals can be used in all 50 states, and that citizen initiatives and popular referenda are used in about half the states. A state without an initiative process can therefore still send a gambling question to voters, but only the legislature can start it.

Two Examples: Missouri in 2024 and Florida in 2018

Missouri’s Amendment 2 was proposed by initiative petition and certified for the November 5, 2024 general election. According to the Missouri Secretary of State’s official ballot materials, it would amend the state constitution so that licensed sports wagering, including online sports betting, would be regulated by the Missouri Gaming Commission. The measure restricted betting to individuals physically located in the state and over the age of 21, and set a 10% wagering tax on revenues with proceeds appropriated for education after specified expenses. The official fair ballot language said a “yes” vote would amend the constitution to “permit licensed sports wagering regulated by the Missouri Gaming Commission.” The Board of State Canvassers announced the official results on December 5, 2024: 1,478,652 votes in favor and 1,475,691 against, a margin of 2,961 out of 2,954,343 votes cast.

Florida’s Amendment 3, titled Voter Control of Gambling in Florida, was also a citizen initiative. Before it reached voters, the Florida Supreme Court issued an advisory opinion on April 20, 2017 approving it for the ballot, concluding that it complied with the single-subject requirement, that its title and summary did not affirmatively mislead voters, and that its financial impact statement complied with state law. The amendment’s text states that it requires a vote by citizens’ initiative for casino gambling to be authorized under Florida law, and that it does not limit the ability of the state or tribes to negotiate compacts under the federal Indian Gaming Regulatory Act. A Florida House staff analysis notes that the state constitution requires 60 percent voter approval for a proposed amendment to pass. Associated Press results published by The Commercial Appeal reported 5,674,609 votes in favor and 2,265,873 against, or 71.5 percent in favor.

What Ballot Results Do and Do Not Settle

The table compares the two measures, as of October 2026, using the official ballot materials and results cited in this article.

A ballot result settles the question put to voters, but other steps still follow. Missouri’s amendment directs the Missouri Gaming Commission to adopt and enforce rules to implement it, and Florida’s amendment states that it is self-executing and requires no legislative implementation. Which of those models applies depends on how each measure is drafted.

Several questions also vary by state: which routes to the ballot exist, what vote threshold applies, and whether a gambling measure can be placed on the ballot by voters, the legislature or both. Measures change from one election to the next, so the current ballot and the secretary of state’s official materials are the reliable references for any measure not covered here.

Common Misconceptions About Ballot Measures

Misconception: every state lets voters put gambling questions on the ballot by petition. NCSL states that citizen initiatives are used in about half the states, while legislative referrals can be used in all of them. In a state without the initiative process, only the legislature can send a question to voters.

Misconception: a ballot result takes effect on its own everywhere. Florida’s amendment text says it is effective upon approval by the voters and is self-executing. Missouri’s amendment instead directs the Gaming Commission to adopt rules, so what happens after the vote depends on the measure’s own text.

Misconception: a ballot measure always legalizes gambling. Some measures restrict who may authorize it. Florida’s Amendment 3, for example, concerns who decides whether casino gambling is authorized, not whether any particular game is legal, and its text says it does not limit the Legislature’s authority to restrict, regulate or tax gambling.

Where to Find Official Ballot Information

The primary source for any ballot measure is the state’s own election authority. The Missouri Secretary of State, for instance, publishes the official ballot title, the fair ballot language, the full text, and the official returns announced by the Board of State Canvassers, and the Florida Department of State publishes the full text of proposed amendments. These official ballot materials show exactly what voters were asked to approve.

Readers who want to understand how a measure affects their own circumstances should consult a licensed attorney in their state. General summaries, including this one, cannot account for how a particular measure is worded or how a regulator later applies it, and the text of the measure itself is what controls.

Related Laws and Next Reading

For the legislative side of the same process, see how a bill moves through a statehouse in the explainer on how a gambling bill becomes law, which also touches on ballot measures and shows where the two routes differ.

For one result of the legislative and ballot routes, the post-2018 legalization wave, see the article on how states legalized sports betting after Murphy v. NCAA, which explains the federal ruling that opened the door to state decisions like Missouri’s. Together these articles show how a legalization question moves from a court decision to a legislature or a ballot and then to a regulator.

Sources & References

• National Conference of State Legislatures — Initiative and Referendum Processes (updated November 24, 2025)
• Missouri Secretary of State — 2024 Ballot Measures
• Missouri Secretary of State — Official Election Returns, General Election, November 5, 2024
• Florida Department of State — Proposed Constitutional Amendments and Revisions for the 2018 General Election
• Supreme Court of Florida — Advisory Opinion re: Voter Control of Gambling in Florida (April 20, 2017)
• Florida House of Representatives — Staff Analysis of HJR 7113 (2016)
• The Commercial Appeal (Associated Press results) — Florida Constitutional Amendment 3, Voter Control of Gambling (2018)