Explain the difference between a legislative referendum and a popular referendum.

What are ballot propositions, initiatives, and referendums?

Ballot measures or ballot propositions are proposals to enact new laws or constitutional amendments or repeal existing laws or constitutional amendments that are placed on the ballot for approval or rejection by the electorate. There are several different kinds of ballot measures:

An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. Twenty-four states have the initiative process (list). Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to propose statutes. In most cases, once a sufficient number of signatures has been collected, the proposal is placed on the ballot for a vote of the people ("direct initiative"). In some cases, the proposal first goes to the legislature, and if approved by the legislature, is not voted on by the people ("indirect initiative"). For constitutional amendments, 16 states allow direct initiatives and two allow indirect initiatives. For statutes, 11 states allow direct initiatives for statutes, seven allow indirect initiatives, and two states (Utah and Washington) allow both direct and indirect initiatives.

A referendum (sometimes "popular referendum") is a proposal to repeal a law that was previously enacted by the legislature, and that is placed on the ballot by citizen petition. A total of 24 states permit referendums, most of them states that also permit initiatives. Although the Progressives considered the referendum as important as the initiative, in practice, referendums are fairly rare, especially compared to initiatives.

A legislative measure or legislative proposition (or sometimes "referred" measure) is a proposal placed on the ballot by the legislature. All states permit legislative measures (list) and all states except for Delaware require constitutional amendments to be approved by the voters at large. In some states, legislatures place nonbinding advisory measures on the ballot. Legislative measures are much more common than initiatives and referendums, and are about twice as likely to be approved. Some states, such as Florida, also allow certain commissions to refer measures to the ballot.

There is no provision for any sort of ballot proposition at the national level in the United States. However, the initiative and referendum are available in thousands of counties, cities and towns across the country and are utilized far more frequently than their statewide counterpart.

"Referendum" is the term given to a direct vote on a specific issue, in contrast with votes cast at elections, which are made in relation to parties or individual candidates and generally reflect voters' preferences over a range of different issues. Referendums may be held in relation to particular circumstances (e.g., to amend a country's constitution) or in relation to particular political issues (e.g., whether or not to join an international organisation) but are in general held in relation to issues of major political significance. The terms used to define referendums may differ in different countries; the following are the most common types of referendums held in countries across the world.

Types of referendum

Referendums fall into one of two main categories: the mandatory referendum or the optional referendum.

Mandatory referendum

A mandatory referendum is a referendum that must be held in certain circumstances, or in relation to certain issues. The outcome of a mandatory referendum is usually binding.

Mandatory referendums may be required in relation to pre-determined issues. Typically, these are issues of major national significance, for example joining a supra-national organisation (as in Switzerland). In addition, in many countries, proposed amendments to the constitution must be affirmed by a referendum. Alternatively, mandatory referendums may be required in pre-determined situations. One example is in a Presidential system, where in the case of disagreement between the President and Legislature, a referendum may be required to resolve the dispute.

The requirement for mandatory referendums is usually specified in a country's constitution or other law.

Optional referendum

The second category of referendum is the optional referendum. These are referendums which do not by law have to be held, but can be initiated by the government, and in some cases by other parties. Optional referendums may or may not be binding.

A government can decide to initiate a referendum on a major political issue. It might do so because public pressure for a referendum forces it to hold one, or it might choose to hold a referendum because it is divided on the issue at hand. Optional referendums initiated by the government have been held frequently in Europe on the issue of European Union integration (although in some cases, such referendums have been mandatory because they involve an amendment to a country's constitution). These referendums may not be legally binding, although it may be politically difficult for a government to ignore the outcome.

In addition, in some countries, Parliament or a Parliamentary minority may also be able to call a referendum.

A further type of optional referendum is the abrogative referendum. Abrogative referendums are held when citizens force a vote on a piece of new law passed by the legislature, usually by collecting a certain number of signatures in support of a vote, see citizen initiatives. In some countries, abrogative referendums can also be used in relation to existing legislation. If the law is defeated in a vote on the issue, it may be required to be repealed or amended.

Design features

There are therefore key design features that help to define different types of referendums. The first and perhaps most important is how the referendum fits within a country's overall legal system; are referendums mandatory under a country's constitution or other laws? Is a referendum required to be held, or has it been initiated by the government, legislature, or citizens?

A second key feature is the issues in relation to which referendums can be held. If the circumstances in which referendums can be held are clearly specified in a country's legal framework, the issues on which referendums will be held will be known. Typically, these will relate to issues of major constitutional or political significance, such as a country's constitution, sovereignty, or international relations. A large proportion of referendums held in Europe, for example, have been connected to the issue of European integration.

However, where referendums are optional, the subject matter on which they are held may vary. Without restrictions, abrogative referendums could relate to any issue that is the subject of legislation. Some countries that provide for holding referendums therefore place restrictions on the issues that can be the subject of referendums. In Uruguay, for example, referendums cannot be held in relation to fiscal policy or laws relating to the executive, whilst in Colombia, political amnesty is barred from being the subject of a referendum.

Issues

A number of issues arise in regard to the politics, administration and logistics of holding a referendum.

Combination of polls

When a referendum is held, it must be decided whether or not it is to be combined with another poll (e.g., an ordinary general election), or whether the referendum is to be held separately. It is sometimes argued that combining polls can increase the risk that voters will confuse separate issues (e.g., the performance of the incumbent government can be confused with the issue on which the referendum is being held). However, from an administrative point of view, it may be more cost effective to hold a referendum at the same time as an election.

The referendum question

A second important issue relates to the wording of the referendum question. Studies suggest that the wording of the question can have an important effect on the outcome of a referendum; who determines the exact question that appears on the ballot is therefore significant. Is the government responsible for framing the question, even in cases when the government initiates the referendum and therefore has an interest in designing the question to increase the chances of achieving its own desired outcome? Does the Electoral Management Body have oversight of the question? Whoever designs the question, it is important that the question put to voters must be clear and straightforward.

For information on the UK Electoral Commission's approach to referendums questions, click here.

Campaign regulations

In relation to the referendum campaign, campaign regulations may be implemented to try to ensure that there is a level playing field between organisations campaigning for and against the referendum. These might include limits on campaign expenditure although in some countries, these may be deemed unconstitutional; see United States) and/or controls on the acceptance of campaign contributions. Alternatively, public funds may be allocated to campaign groups to ensure a minimum level of campaign spending on each outcome.

The role of the government and provision of information

The role of the government in a referendum campaign can also be important. Is the government allowed to campaign for the outcome it supports (in Ireland, the government is not allowed to campaign); does it distribute its own promotional material or run government broadcasts outlining its views? Similarly, is there a neutral source of information, separate to the government and referendum campaigners, and/or are there requirements providing for the dissemination of non-partisan information about the issue to voters? Does the Electoral Management Body have a role in providing information to voters? If information is provided through a neutral channel, who can put information into this channel? Voters may be more inclined to trust information from sources other than campaigners, and a source of information that is perceived to be neutral will be important to many voters.

For an example information booklet from Ireland, please click on the link below:

The Referendum on Irish Citizenship

Turnout/majority requirements

Finally, a critical issue is when a referendum is judged to have passed. In some countries, a referendum will pass if a simple majority of voters vote "yes." In others, a referendum vote is only binding if a specified turnout threshold is reached: a recent referendum in Taiwan was defeated because turnout did not reach the minimum threshold required. Finally, some countries require a double or super majority to pass (e.g., when a referendum must achieve an overall majority and a majority in a number of states for it to pass, or when the yes vote must achieve a certain percentage of the overall vote), or an overall majority of registered electors (rather than voters who actually turnout to vote). Clearly, the requirements for a successful referendum have an impact on the likelihood of whether a referendum passes or not.

For information on the requirements for Australian referendums to pass and details of successful Australian referendums, click on the link below:

1999 Referendum Reports and Statistics

Arguments for and against referendums

Several arguments are advanced in support of and in opposition to referendums.

Supporters of the use of referendums argue that, in the context of increasing voter apathy and disenchantment with traditional forms of democracy, direct democracy can help to re-engage voters with politics and democracy. Another argument advanced in favour of referendums is that they can be used to resolve political problems, particularly for incumbent governments; where a governing party is divided over an issue, for example, holding a referendum can help reach a solution on the issue without splitting the party (one example of this is the 1975 UK referendum on whether the UK should remain in the EC, over which the ruling Labour government was deeply divided).

There are also a number of arguments made against the use of referendums. One is that it weakens representative government by undermining the role and importance of elected representatives. Another is that voters do not always have the capacity or information to make informed decisions about the issue at stake, and instead may make ill-informed decisions based on partial knowledge or on the basis or unrelated factors such as the economy or support for the government. This trend may be exacerbated in the case of referendums on complex issues such as constitutional change or international treaties, with which voters are likely to be unfamiliar.

Opponents of referendums also argue that, if the executive has the power to determine when referendums are held, they can be used as a political tool to suit the needs of the governing party rather than in the interests of democracy. They also claim that, since in many countries turnout at referendums is lower than at national elections, the argument that referendums increase the legitimacy of political decisions does not stand up. However, experts in Switzerland (where a number of direct democracy votes take place each year) believe that, although turnout at referendums is around 45%, more than 45% of electors participate in direct democracy, since different voters participate in the different votes that interest them.

Next: Citizen Initiatives

What are the two kinds of referendum?

What is the process of a popular referendum?

What is a popular referendum quizlet?

What is the difference between a referendum and an initiative quizlet?