BALLOT MEASURES
Propositions, Initiatives and Referendums: What's the Difference?
by Brian Frank kcet.org
April 11, 2012
Every time an election nears, we start hearing about Prop This, That and The Other. We hear
terms like "initiative constitutional amendment" and "referendum," and we know that we're being
asked to help make a decision normally left up to legislators.
So why put something to a popular vote when we pay our representatives to make the tough
decisions on our behalf?
Corruption. That's the short answer, anyway. The idea got its start more than 100 years ago
during the height of the progressive movement. People were complaining about corruption in the
legislature (when haven't they?), and so a new system was devised that would allow the people to
bypass the legislature and make laws on their own initiative. Hence, it is called the initiative
process.
Whether or not the initiative process has reduced the overall amount of political corruption is
open for debate, but California is not unique in allowing some form of direct democracy. Twentysix states allow popular ballot measures, according to the Initiative and Referendum Institute at
the University of Southern California.
Californians are, however, uniquely prolific in their use of the system. More popular initiatives
have qualified for the ballot in this state than any other except Oregon. Between 1904 and 2010,
Californians voted on some 340 measures. Oregonians voted on more than 350, but the next
closest behind California would be Colorado, with only 215 measures, according to the IRI.
For all that extra civic engagement, one might think Californians have become experts in the
initiative process, and perhaps they have. But one of the complaints about the system is that it is
too confusing. What exactly is the difference between an initiative and a referendum? How does
the process work and who has the final say on these laws, anyway?
What is a proposition?
"Proposition" is a blanket term for any ballot measure to be voted on by the people. It can be an
initiative or a referendum.
What is an initiative?
An initiative is a brand new law or constitutional amendment proposed and voted on by the
people. It is a law initiated by the people.
In California, we use the direct initiative process, which means a petition with the required
number of signatures automatically qualifies for the ballot. Some states allow only indirect
initiatives, in which a measure that receives the necessary signatures moves next to the legislature
for further action.
What is a referendum?
A referendum is a vote by the people to approve or reject an existing law.
A referendum can be triggered in one of two ways. First, the legislature can send a proposed bill
directly to the people instead of deciding on it themselves. In other words, a referendum occurs
when a law is referred to the people. In this case, it is called a legislative referendum. In
California and most other states, constitutional amendments automatically trigger a referendum,
since they require the direct approval of the people to pass.
Alternately, the people can attempt to repeal a law even after it has been passed by the
Legislature. In this case, it is called a popular referendum. Only 24 states allow this type of
referendum. California is one of them.
How does the process work?
Initiatives and popular referendums make it onto the ballot by petition. That means a certain
number of individual voters have to back the idea by signing their name to it first. Here's how it
works:
Step One - Write the measure
A person can seek private legal counsel or simply write it him- or herself.
Step Two - Submit to the Attorney General
It's the job of the Attorney General's office to create the proposed law's official title and
summary, which will appear on petitions and, if qualified, on the ballot.
Step Three - Gather signatures
They can employ volunteers or paid circulators to actually hit the streets, talk to people and
convince voters to sign.
For initiative statutes, proponents have 150 days to gather valid signatures that add up to 5
percent of the voter turnout in the last gubernatorial election. Currently, that number is 504,760.
For referendums, proponents must gather the same number of signatures, but they only have 90
days following the passage of the law they wish to challenge or change.
For initiative constitutional amendments, proponents again have 150 days to campaign, but the
required number of signatures increases to 8 percent of the turnout, or currently 807,615.
Step Four - Submit and verify the signatures
Step Five - Vote
Unless it is written otherwise, a proposition becomes law the day after an election if it receives a
straight majority of votes. The legislature can propose an amendment or repeal, but it must still
pass a popular vote. Under the current system, only the people have the power to undo what they
have done.
Have any important laws arisen from the initiative process?
Definitely. One undeniable (and controversial) fixture of California's political climate is the
limitation on increasing property tax rates introduced by Proposition 13, which passed in 1978.
Prop 8, though its fate is still tied up in courts, has rather profound and deeply personal
implications for members of the LGBT community. That initiative amended the state constitution
to ban gay marriage.
Then there are California's legislative term limits and the new top-two primary system, which will
come into play for the first time this June. Both of these laws came from popular initiatives.
Ultimately, though, the answer will depend on who is asking the question.
"The question depends partly on what's important to you. These [ballot measures] are hugely
important to the ones involved," says Shaun Bowler, a professor and expert on initiatives at UC
Riverside.
How often do we use the system, and how often do ballot measures succeed?
According to the Secretary of State's office, 1,657 initiatives and referendums circulated between
1912 and 2010. Only 348 qualified for the ballot. Of those, 116 were approved. Accounting for a
handful that were blocked by court order, voters historically have approved popular ballot
measures only about a third of the time.
How much does it cost to run a campaign to get the required signatures?
Giving everyone the power to legislate does not mean it is suddenly cheaper or even easier to
change state law.
Getting enough signatures to qualify for the ballot in a state as large as California can cost $1
million to $2 million, says John Matsusaka, president of the IRI at the University of Southern
California.
"And that's just to get you on the ballot. After that, there's the campaign, and it's unlimited. We've
seen over $100 million [spent] on some of these things. The sky's the limit there," says
Matsusaka.
There's no magic number, either, he says. California has plenty of examples of one side vastly
outspending the other and still losing.
"It's got to make sense to the voters," Matsusaka says.