Voters in six states Tuesday approved sweeping constitutional amendments that restrict voting access, limit judicial discretion on bail, and constrain future legislative authority, raising concerns about the erosion of democratic flexibility and due process protections.
The most significant rule-of-law implications emerged in election administration and criminal justice. Texas voters approved a citizenship voting requirement with 72% support, despite existing statutory protections, effectively constitutionalizing what was previously subject to ordinary legislative oversight. California voters authorized abandoning the state’s independent redistricting commission in favor of a legislature-drawn congressional map, approved 64% to 36%.
Maine voters delivered the day’s defeat, rejecting 64% to 36% a measure requiring photo identification for in-person and absentee voting. The result contrasts sharply with Wisconsin’s 63% approval of a similar photo ID requirement in April, highlighting regional divisions on ballot access.
Texas Proposition 3, approved 61% to 39%, authorizes courts to deny bail for certain violent or sexual felony offenses if prosecutors demonstrate by clear and convincing evidence that release poses risks. In effect, the measure shifts the burden of proof in pretrial detention, raising due process concerns by allowing indefinite detention before conviction based on predicted future conduct. As explained by a Texas Policy Research position paper, “While aimed at improving public safety, this amendment expands pretrial detention authority and weakens the presumption of innocence.”
Judicial independence faced direct challenge in Texas Proposition 12, which passed 62% to 38% despite opposition from some legal groups. The measure restructures the 13-member Commission on Judicial Conduct, changing tribunal composition and expanding processes for sanctioning and removing judges. Critics argue the changes increase political influence over judicial discipline—particularly urgent at a time when Texas Governor Greg Abbott has decried “activist judges.”
Maine voters approved a red flag law on extreme risk protection orders by 63% to 37%, establishing civil procedures for temporarily removing firearms from individuals deemed dangerous to themselves or to others. Advocates for the measure argue the state’s current yellow flag laws, which require police officers to initiate weapons removals processes, are overly burdensome and ineffective in deterring suicide and other types of gun violence. As explained by the Maine Gun Safety Coalition, “Having the ability to take timely action when warning signs appear is critical for saving lives, especially when firearms are involved.”
Critics argue the measure creates a new category of civil proceedings that restrict constitutional rights based on predicted future behavior, raising questions about due process standards and evidentiary thresholds. In urging voters to reject the amendment, Maine Governor Janet Mills wrote that the current law was “carefully crafted to include important due process safeguards that protect both the public safety and the rights of the individual.”
Texas voters approved Proposition 15 with 70% support, constitutionally enshrining parental rights to direct children’s “upbringing, education, healthcare and religious training.” Critics note the vague language could generate litigation over the extent of parental authority versus state interests in child welfare and education. Reproductive rights advocacy group Avow Texas wrote: “Proposition 15 sounds simple, and that is because the people behind it are making it vague, on purpose. The folks pushing Proposition 15 are funded by extremist groups that want excessive political overreach into our lives, our families, and our rights. Prop 15 would set the stage for Texas politicians to pass more harmful legislation that could lead to us losing more of our rights.”
The Texas ballot included extensive fiscal restrictions that permanently limit legislative revenue options. Voters approved constitutional prohibitions on capital gains taxes (65% approval), estate taxes (72%) and securities transaction taxes (55%). These restrictions bind future legislatures regardless of fiscal circumstances, removing policy tools used by other states.
Colorado voters approved two measures reducing tax deductions for high earners to fund school meal programs, passing with 65% and 58% support. Unlike Texas’s prohibitions, these measures constitutionalize spending obligations rather than revenue restrictions.
Tuesday’s constitutional amendments reflect deep tensions in American democracy between security and access, flexibility and constraint. As these amendments take effect, their impacts on voting access, pretrial justice, and democratic responsiveness will likely fuel ongoing legal challenges and policy debates.
