Beyond the marquee races for Congress and governorships, 2026 hands voters direct power over some of the country’s most contested questions. Abortion is back on the ballot in multiple states, and dozens of state supreme court seats are up — a reminder that ballot measures and the courts can matter as much as any candidate.
Abortion on the ballot
Abortion-related measures are certified for this fall’s ballot in Missouri and Nevada, with more states possible. In Nevada, voters overwhelmingly backed a fundamental right to abortion in 2024 via Question 6; a second yes vote this year would finally enshrine it. In Virginia, lawmakers gave a constitutional amendment protecting the ‘right to make and effectuate one’s own decisions about all matters related to one’s pregnancy’ its required second approval, guaranteeing it a spot on the ballot.
Why ballot measures matter
Direct democracy lets voters bypass legislatures and decide policy outright — and on abortion, ballot measures have proven decisive since 2022, with voters in seven states passing protections. These contests often drive turnout too, energizing voters who then weigh in on the candidate races sharing the ballot. A measure can shape an entire state’s political environment for the cycle.
The courts are on the ballot too
Less noticed but hugely consequential: voters across 32 states will decide state supreme court races this year. State high courts increasingly rule on the biggest issues — abortion, redistricting, voting rules — especially as the U.S. Supreme Court returns more questions to the states. Who sits on those benches can determine how ballot measures and election laws are ultimately interpreted and enforced.
The redistricting backdrop
It all unfolds against a charged backdrop. The U.S. Supreme Court’s Louisiana ruling weakened Voting Rights Act guardrails and set off a Republican-led scramble to redraw maps — making state courts and ballot measures even more pivotal as venues where those fights play out. Direct democracy and the judiciary have become the arenas where national battles are decided locally.
Why it matters
Candidates come and go, but constitutional amendments and court majorities endure. Decisions voters make on abortion measures and supreme court seats in 2026 could outlast several election cycles, shaping rights and rules long after the midterm headlines fade.
The bottom line
2026 is not just about who wins Congress. With abortion certified for the ballot in Missouri, Nevada and Virginia and supreme court races in 32 states, voters hold direct power over rights and the courts that defend them. These down-ballot decisions may prove among the year’s most lasting.
Photo: governortomwolf / BY via flickr
