Referendum definition

A referendum is a vote in which the public approves or rejects a law. Voters may be asked to accept a measure their legislature has passed, or to overturn a law already on the books. These votes take place at the state and local levels.

Does the US have national referendums?

No. The Constitution gives all federal lawmaking power to Congress, so voters do not decide laws directly. They elect the senators and representatives who write them.

Amending the Constitution does not involve a national vote either. Congress proposes an amendment, and three-fourths of the states must ratify it through their legislatures or state conventions for it to take effect. Only one amendment has been ratified by state conventions: the 21st, in 1933.

How does a referendum work?

In a referendum, voters approve or reject one specific measure on a ballot. A measure reaches the ballot in one of two ways: lawmakers send it to voters, or voters petition to overturn a law the legislature already passed. Each state sets its own rules through its constitution and election laws, so deadlines, signature counts, and vote thresholds differ from state to state.

For example, in California, voters approve a statewide ballot measure by majority vote.

In Ohio, voters cannot challenge tax levies, spending for routine state expenses, or emergency laws by referendum.

And in Maine, a referendum to overturn a law is called a people’s veto.

What is a legislative referendum?

In a legislative referendum, lawmakers send a measure to the voters rather than deciding it themselves. Washington state calls these referendum bills, proposed laws that the state legislature refers to the voters.

Cities hold referendums too. In Ohio, voters can petition for a referendum on a city ordinance, and the ordinance does not take effect unless a majority of voters approve it.

What is a popular referendum?

A popular referendum starts with voters instead. In Washington, a registered voter can file a referendum measure that puts a recently passed law on the ballot before it takes effect. The petition to put it on the ballot needs signatures equal to 4% of the votes cast for governor in the last regular gubernatorial election. It must be filed within 90 days of the legislature's final adjournment.