Initiatives and referendums in the United States facts for kids
In the politics of the United States, initiatives and referendums are special ways citizens in many U.S. states can directly vote on laws. They allow people to suggest new laws or to approve or reject laws that lawmakers have already passed. These tools are a form of direct democracy, meaning people vote on issues themselves, not just for representatives.
In the United States, these votes are often called ballot measures, propositions, or ballot questions. A referendum usually means voting to cancel an existing law.
Contents
How citizens vote on laws
The history of direct voting
The idea of initiatives and referendums became popular during the Progressive Era (around the early 1900s). This was a time when many people wanted to fix problems with big businesses and powerful groups. They believed that state lawmakers were sometimes controlled by these wealthy interests.
To fight this, reformers looked for ways for everyday people to get involved directly in making laws. Initiatives and referendums were their answer. Between 1904 and 2007, citizens proposed over 2,200 statewide referendums in the U.S. About 900 of these were approved by voters.
Different ways to vote on laws
Initiatives and referendums are different from most laws, which are usually made by elected officials. These tools let citizens vote directly on the laws themselves.
Many U.S. states use these methods. Overall, 26 states allow citizens to propose new laws (initiatives) or reject existing ones (veto referendums). All states have at least one way for lawmakers to ask citizens to vote on something. For example, 49 states require a public vote to change their state constitution.
Washington, D.C., also uses initiatives and veto referendums. Many cities and towns also have their own forms of direct democracy.
What are initiatives?
An initiative is a way for citizens or groups to propose a new law. They must collect a certain number of signatures from voters. If enough signatures are gathered, the proposed law is placed on a ballot for a future election. Voters then decide if it should become law.
Initiatives can be:
- Direct initiatives: These go straight to the ballot for a public vote once enough signatures are collected.
- Indirect initiatives: After signatures are collected, the proposed law first goes to the state or local lawmakers. If the lawmakers don't pass the law, it then goes to the ballot for a public vote. The exact rules for this vary by state.
Changing state constitutions
An initiated constitutional amendment is a way for citizens to propose changes to their state's constitution. Citizens can suggest and vote on these changes directly. They don't need lawmakers to approve the proposal first. If enough people sign a petition, the proposed change is put to a vote.
Even if voters approve a constitutional amendment, it can be challenged in court. A court might overturn it if it finds the amendment is against the U.S. Constitution. Most states that allow these changes require a two-thirds majority vote to pass them.
Not all proposed changes get enough support. For example, in Florida's 1994 election, only three out of 26 proposed changes got enough signatures to be voted on.
Indirect constitutional changes
Some states, like Massachusetts and Mississippi, have "indirect" ways for citizens to propose constitutional changes. In Massachusetts, after enough signatures are collected, the proposal goes to the state legislature. It needs approval from a quarter of state senators and representatives in two separate sessions.
What are referendums?
A popular referendum (also called a veto referendum or citizen's veto) lets citizens vote to cancel a specific state law. Citizens must collect a certain number of signatures to get the law on the ballot. This number is usually lower than what's needed for an initiative.
South Dakota was the first U.S. state to use the popular referendum in 1898. Oregon first used it in 1906.
Legislative referrals
A legislative referral is when lawmakers themselves decide to put a proposed law up for a public vote. They might do this voluntarily, or it might be required by law, especially for changes to the state constitution. Almost all U.S. states (49 out of 50) allow lawmakers to refer state constitutional amendments to voters.
Statute affirmation
Nevada is the only state that allows something called "statute affirmation." This lets voters collect signatures to ask citizens to confirm an existing state law. If most citizens vote to affirm the law, lawmakers can never change it. It can only be changed or canceled if citizens vote on it directly again.
Why some people don't like the system
The initiative and referendum process has some critics. Here are a few reasons why:
- Undermining elected officials: Some people argue that these direct votes go around elected representatives. They believe this can weaken representative government, where elected officials make decisions for the people.
- Majority rule concerns: Critics worry about "tyranny of the majority." This means a large group of voters might pass laws that harm smaller groups or minorities.
- Conflicting laws: Sometimes, different initiatives with opposing ideas can both pass. This can create legal problems.
- Cost and influence: Getting an initiative on the ballot can be very expensive. Critics say wealthy groups or individuals can use their money to push their own ideas, rather than empowering average citizens.
- Legislature changes: Voters might pass a law through an initiative, but then lawmakers could change or cancel it later. To prevent this, some initiatives try to change the state constitution, making them harder for lawmakers to undo.
- Signature challenges: Collecting signatures is a big part of the process. Sometimes, opposing groups or state officials challenge these signatures in court. This can make it hard for initiatives to even get on the ballot, especially if supporters don't have money for legal battles.
For example, in Idaho, lawmakers made it harder to get initiatives on the ballot after voters repealed some unpopular education laws. Despite the new, tougher rules, citizens successfully gathered enough signatures in 2018 to put a Medicaid expansion question on the ballot.
In recent years, some states have passed laws making it harder for citizens to propose initiatives. This has happened especially in states where one political party controls the government, and the other party has used initiatives to pass laws they couldn't get through the legislature.
Ideas for making the system better
People have suggested ways to improve the initiative and referendum system:
- Fairer signature gathering: One idea is to pay people who collect signatures by the hour, not by how many signatures they get. This could reduce cheating.
- More transparency: Another idea is to make sure people know who is giving large amounts of money to support initiatives.
- "Cooling-off" period: Some suggest a time after an initiative qualifies where lawmakers could pass a similar law. This might make the initiative unnecessary.
- Citizens' Initiative Review (CIR): This process brings together a group of regular voters. They learn about a ballot measure from experts and supporters, then discuss it. They then write statements for and against the measure, which are included in the voters' pamphlet. Oregon was the first state to make this a permanent part of its elections in 2011.
National initiative ideas
There have also been proposals to allow initiatives at the national level, for the entire United States. One historical example is the Ludlow Amendment, which was proposed in the 1930s. It would have required a national vote before the U.S. could declare war.
Steps to get an initiative on the ballot
Most states follow similar steps to get an initiative on the ballot:
- A proposed petition is filed with a state official.
- The state reviews the proposal and its wording.
- A ballot title and summary are prepared.
- People collect the required number of signatures.
- The petition is submitted to election officials to check the signatures.
- If enough valid signatures are found, the measure qualifies for the ballot.
Images for kids
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A van promoting Medicaid for Idaho, an initiative that successfully gathered signatures to be placed on the ballot.
