A “referendum” is a direct vote by the people of a state or nation, on a proposed statute or constitutional amendment that has been referred to them for approval (or rejection), either by a legislature or through the initiative process. The “initiative” allows citizens to initiate legislation without the involvement or approval of a legislature by gathering signatures on petitions.
Referendums and the initiative commonly work in tandem, with the gathering of the required number of signatures on petitions leading to a referendum on a proposed statute or constitutional amendment. In some cases, referendums can be conducted without going through the initiative process. And in some cases, initiative petitions may be only advisory. In which case they do not lead to a referendum.
Expanding the use of referendums and the initiative to the federal government and to the states that do not yet utilize these powerful forms of direct democracy and allowing citizens to sign petitions securely online would be a major victory in our efforts to make America a more perfect democracy.
Referendums can be called for through the initiative process, by legislatures, or mandated by constitutions. A “veto referendum” allows citizens to repeal legislation or constitutional amendments enacted by a legislature.
In many cases, government officials or legislatures have employed a variety of measures to limit the use of referendums (and make them less truly democratic), including restrictions on the issues or topics that can be addressed through referendums, requiring a super majority with regard to signatures or for approval or ratification, requiring a high threshold with regard to the number of voters participating, making the results “advisory” rather than binding, allowing the government to set aside the results, time limits on gathering signatures, or other restrictive measures related to signature collection.
The most common form of the initiative is the “direct initiative”, which places proposed legislation on the ballot if the required number of signatures are collected, submitted, and verified. If approved by voters (most commonly by a simple majority vote), the statute is adopted, or constitutional amendment ratified. An “indirect initiative” submits a proposed statute or amendment to a legislature for consideration if the required number of signatures are obtained. The legislature then either approves or rejects the proposed legislation.
The details of the initiative process vary from state to state, but getting legislation passed through the initiative process is never easy. The number of signatures petitioners are required to obtain varies from state to state but gathering the required number is a significant obstacle in every state. The signatures that are obtained are typically verified by election officials and enough are rejected for various reasons that petitioners know they must gather far more than the required number to be assured of a place on the ballot. And it is impossible to know in advance what percentage of the signatures will be rejected. If there is serious opposition to the proposed legislation, the campaign to put a proposal on the ballot and then get a proposal ratified through a referendum can involve raising millions of dollars, especially if the opposition is coming from corporate interests or wealthy individuals.
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