Legal Definitions - referendum

A referendum is a direct vote by the entire electorate (all eligible voters) on a particular proposal, law, or constitutional amendment. It is a mechanism of direct democracy that allows citizens to either approve or reject legislative acts or significant public policy issues that have typically been passed by a legislative body or proposed for consideration. Essentially, it gives the people the final say on certain governmental decisions or proposed changes.

Here are a few examples to illustrate how a referendum works:

• Rejecting a New State Law: Imagine a state legislature passes a new law that mandates all public schools adopt a specific, controversial curriculum. A group of parents and educators, believing this law is detrimental, successfully gathers enough signatures on a petition to challenge it. This triggers a referendum, placing the new curriculum law on the statewide ballot for voters to decide. If the majority of voters cast their ballot to reject the law, it will not go into effect, demonstrating the power of citizens to overturn legislative decisions.

• Approving a Constitutional Amendment: Suppose a state's legislative body proposes an amendment to the state constitution that would establish an independent commission to redraw electoral district boundaries every ten years, aiming to reduce partisan gerrymandering. Before this significant change can be incorporated into the state's foundational document, it is often required to be put before the state's voters in a referendum. Citizens would then vote to either approve or reject this proposed constitutional amendment, directly determining whether it becomes part of their state's constitution.

• Deciding on a Local Bond Measure: A city council might approve a plan to issue municipal bonds to finance a major new public transportation system, which would be repaid through a slight increase in local property taxes. However, local ordinances or a citizens' initiative may require that such a substantial financial commitment and tax implication be put to a public vote. In this referendum, the city's residents would vote on whether to approve the issuance of these bonds and the associated tax increase, giving them direct control over a significant local expenditure and infrastructure project.