Legislative referral

A legislative referral (or legislative referendum) is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a mandatory part of the procedure for passing a law. These referrals, depending on the location, can either amend a constitution or enact a change in statute. It is a form of direct democracy. In some places it is known as an authorities referendum, authorities plebiscite, government initiated referendum^[1], or top-down referendum^[2][3][4] It may originate from the legislative branch, executive branch, or a combination of the two.^[1]

Not to be confused with Popular referendum.

An instrument of direct democracy, it is in contrast to citizens (or "bottom-up") initiative that is initiated from the public.^[2][5] With initiated statutes and amendments, voters both initiate and decide on the change of law. In a legislative referral, they only approve or reject laws which their legislature votes to place before them.

United States

See also: Initiatives and referendums in the United States

Bond issues are a common type of legislatively referred ballot measure. In some states, such as Oregon, if the state legislature in both chambers vote to put a measure on the ballot, the governor is not allowed to veto their action.

State statute

23 American states have a provision for referring statutory measure to the public as a ballot measure.^[6]

States allowing legislatively referred statutes

Arizona Arkansas California Colorado Delaware

Illinois Kentucky Maine Maryland Massachusetts

Michigan Missouri Montana Nebraska Nevada

New Mexico North Dakota Ohio Oklahoma Oregon

South Dakota Utah Washington

State constitutional amendment

Almost all legislatures in states and territories in the United States have the power to put state constitutional amendments to a referendum. In most cases these are mandatory referendums, meaning that a referendum is a legal requirement in order for the amendment to be ratified.

Delaware is the only state in which the people do not have the power to vote on constitutional amendments. Only the Delaware legislature may vote on amendments.^[6]

See also

• Initiative
• Popular referendum
• Recall election

References

1. Breuer, Anita (2009). "The Use of Government-Initiated referendums in Latin America. Toward a Theory of Referendum Causes" (PDF). Revista de Ciencia Política. 29: 26.
2. Cheneval, Francis; el-Wakil, Alice (2018). "The Institutional Design of Referendums: Bottom-Up and Binding". Swiss Political Science Review. 24 (3): 294–304. doi:10.1111/spsr.12319. ISSN 1662-6370.
3. "Plebiscite - Navigator". www.direct-democracy-navigator.org. Retrieved 2021-07-17.
4. Kaufmann, B., Büchi, R., & Braun, N. (Eds.). (2007). Guidebook to direct democracy: In Switzerland and beyond (2008 ed.). pp. 193–4. Bern: Benteli Hallwag Druck AG.
5. "Typology - Navigator". www.direct-democracy-navigator.org. Retrieved 2021-07-17.
6. "DDL -- States DD Chart". 2008-09-22. Archived from the original on 2008-09-22. Retrieved 2021-08-29.

External links

• The Legislatively Referred State Statute, as defined on Ballotpedia
• State chart of direct democracy options