Initiative and referendum are powers that allow the citizens of a city, state, or country a certain amount of direct influence over lawmaking. Through the initiative, citizens initiate (introduce) a law. Through the referendum, a legislature refers a proposed law to the people for approval, or the people vote to undo a law passed by the legislature. When the expression initiative and referendum is used, it refers to a process in which the voters both introduce a law and vote on it.
Both initiative and referendum allow the people to take direct political action if their representatives refuse to pass some legislation that the people want or have passed legislation that the people do not want. Only a tiny fraction of state and local laws have been passed by initiative or referendum. Both are too costly and difficult to take the place of a lawmaking body.
The initiative.
In cities, states, or countries that use the initiative, anyone may draw up a proposed law. If a specified number of voters sign a petition favoring it, the proposed law goes either to the voters or to the lawmaking body, which must vote on it.
The initiative is useful in cases where lawmakers refuse to enact, or even to consider, a law that the people want. However, the initiative has been criticized as a means of allowing minority groups to promote their special interests.
Laws providing for the initiative vary greatly. Some states provide for indirect initiative. An indirect initiative goes to the legislature, which can pass it, vote it down, or propose an alternative. In some states, the whole question ends if the legislature votes the bill down. In other states, the bill is submitted to the people if the legislature votes it down. If enough people vote for it, the bill becomes law. The governor cannot veto a bill passed in this way. Some states provide for direct initiative. With a direct initiative, the proposed law goes directly to the people without having first been brought to the legislature. The initiative works in much the same way in a city as it does in a state. The city council, the city commissioners, or the people must pass on the proposed law, and the mayor cannot veto it.
The referendum
puts a proposed law on the ballot at the next general election or at a special election. Most city charters and state constitutions provide for the referendum. For example, nearly all states hold a constitutional referendum on proposed amendments to their constitution. A constitutional referendum gives voters an opportunity to approve or reject the amendment. Many cities and states also hold a statutory referendum, which allows citizens to vote on laws passed by the legislature or proposed by an initiative. There are three kinds of statutory referendums: compulsory referendum, optional referendum, and referendum by petition. A compulsory referendum requires that the city or state submit certain kinds of measures to a vote by the people. An optional referendum permits the legislature to submit controversial measures to a direct vote of the people. The results of the referendum may be binding, or the legislature may use the referendum only to learn the people’s opinion on an issue. A referendum by petition takes place when a required number of citizens demand that a bill be submitted to a vote. Most states hold a referendum on a bill if 5 or 10 percent of the voters request it.
History.
The initiative is a recent development, but the referendum has been used for hundreds of years. Two cantons, or states, of Switzerland have had the referendum since the 1500’s. Australia and New Zealand adopted the initiative and referendum in 1901.
The movement for initiative and referendum in the United States grew in the late 1800’s and early 1900’s. In 1898, South Dakota became the first state to adopt initiative and referendum laws. The initiative and referendum were included in the Oregon Constitution in 1902.
The combined power of initiative and referendum is provided by laws in many cities and in about half the states. Most other states provide for use of the referendum. The laws often include an additional provision called the recall. The recall is a method of removing officials from office by vote of the people (see Recall). The use of referendums in the United States has increased since the 1970’s. Common referendum issues include attempts to limit tax increases, the death penalty, nuclear power, handgun use, and the growth of cities.
The United Kingdom has no provision for the initiative and referendum as such, but the principle of the referendum is a regular part of the British election system (see Cabinet). In Canada, the initiative and referendum have been discussed, but no steps have been taken to provide for them by law.
