Ballot Initiative and Referendum
- Elizabeth McBride
- Aug 29, 2021
- 3 min read
The ballot initiative and veto referendum (also called popular referendum) are powerful tools of direct democracy in the United States. 26 states have the power of initiative or referendum.
The ballot initiative
The ballot initiative enables citizens to propose, create, amend, or repeal a state law or even a constitutional provision. All citizens have to do is to collect petition signatures from a minimum number of registered voters. Ballot initiatives are also called ballot measures, popular initiatives, voter initiatives, citizens initiatives, and propositions.
There are two main types of initiatives: direct and indirect. The direct initiative is much simpler and involves a measure being put directly to a vote after enough signatures are gathered. The indirect initiative involves a measure being referred to a state legislature first. The state legislature has a specific time limit for acting on the proposal. The legislature may accept it, reject it, submit a different proposal, or take no action. If it doesn’t accept the initiative, then what happens next depends on the state. For some states the initiative goes on the ballot and is put to a popular vote. Other states allow legislatures to submit a competing measure on the ballot that appears with the original initiative. Since indirect initiatives can consist of two rounds of signature gathering, timelines and deadlines are more complex than for direct initiatives.
Ballot initiatives have been recognized in the U.S. since 1777 when Georgia made a provision for it in their constitution. In 1897, Nebraska was the first state to allow cities to place initiative and referendum in their charts. Other states soon followed with ballot initiatives being implemented on a state by state basis. It wasn’t until 1907 that the first attempt to establish national ballot initiatives occurred. The attempt was introduced by Representative Elmer Fulton of Oklahoma in House Joint Resolution 44. The resolution ultimately failed. Other attempts were made in 1907 and 1977 but they too were unsuccessful. Right now there are still efforts to establish a national ballot initiative. For example, The National Citizen’s Initiative for Democracy (NCID) which is a proposed law by former U.S. Senator Mike Gravel that consists of a Constitutional Amendment and a federal statute.
Referendums
Veto referendums are similarly citizen initiated ballot measures that allow citizens to uphold or repeal a law. If enough signatures are collected, the targeted law does not go into effect but it is suspended pending the outcome of the statewide vote. 23 states have referendum processes that each differ in various ways. Most states have certain restrictions on what type of laws can be subjected to a referendum. Only Arkansas, Idaho, Main, and North Dakota have no restrictions. Other states have two different signature requirements; a higher requirement to suspend a law and send it to the ballot and a lower requirement to send the law to the ballot without suspension.
The timeline for gathering signatures differs from the timeline for ballot initiatives. It is much shorter at an average of 90 days. Deadlines are also generally based on the day the legislature adjourns or on the date the bill was signed by the governor.
Conclusion
Ballot initiatives and veto referendums are defining features of American democracy. They allow citizens the power to alter proposed laws or even to repeal them. The catch is that a person needs to be a registered voter to participate in both processes. It is vital for Americans to take advantage of the ballot initiative and veto referendum to ensure that state and local governments are acting in accordance with the public’s best interests. The only way to do this is to be a voter.
References
Ballotpedia. (n.d.). Ballot initiative. Ballotpedia.
Ballotpedia. (n.d.). National initiative. Ballotpedia.
Ballotpedia. (n.d.). Veto referendum. Ballotpedia.
National Conference of State Legislatures. (n.d.). Initiative process 101. NCSL.
National Conference of State Legislatures. (2021). Initiative and referendum processes. NCSL.
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