The
referendum is a direct democratic procedure through which proposed legislation is submitted to the electorate for approval. Referendum proposals may originate from the initiative process or from a legislature.
Three basic types of referendums exist:
Petition Referendum. A referendum by petition follows the initiative process in which a statutory number of signatures is collected in order to qualify the measure for the ballot. The voters then decide the measure's fate.
Optional Referendum. The optional referendum is the means for a legislature to refer a controversial matter (e.g. a new tax) to the electorate for a vote.
Constitutional (or Statutory) Referendum. Some states and localities require that certain types of measures (often constitutional amendments, bond measures and some types of taxes) be submitted to the electorate in a referendum. These measures often require more than a simple majority for approval.
In 1898, South Dakota became the first state to provide both the optional and petition referendums. One form or another of this process is used today in many Midwestern and Western states, and in numerous cities and local governments.
There is no provision for the use of referendums for federal legislation.
The referendum, along with the initiative and recall, won public attention because of the Populist Party platforms of the 1890s and were advanced as means to stimulate unresponsive government.
The
initiative is a democratic procedure that allows laws or amendments to be initiated directly by the voters.
The practice dates back to ancient Greece. It appeared in America in 1777 when the Georgia state constitution provided a means to adopt amendments with the voters' consent. In 1898, South Dakota granted its voters the right to initiate all forms of legislation. The initiative is available today at the state, county and local levels in many areas.
An initiative, which can be drafted by anyone, generally requires the signatures of a specific percentage of the district’s registered voters, often between five and 15 percent, to qualify for the ballot. If sufficient signatures are received and verified, then the measure is placed on the ballot for the next scheduled election or at a special election.
Two types of initiative exist:
Direct Initiative: A direct initiative is the standard form of this process. Interested parties prepare the initiative and collect the necessary signatures. If they are successful, the issue is placed on the ballot. If approved by the voters, the measure becomes law.
Indirect Initiative: Indirect initiatives (mandated in some localities) require that measures receiving a sufficient number of valid petition signatures are then submitted to the legislature for action. Usually, if the legislature fails to pass the proposed legislation, it is submitted to the electorate for final disposition; however, in other areas, the proposal dies if defeated in the legislature.
No provision exists for the use of the initiative in federal legislation.
The initiative, along with the referendum and recall, won public attention because of the Populist Party platforms of the 1890s. They were promoted as means to stimulate unresponsive government.
The
recall is a direct democracatic procedure that provides for removal of elected officials before their terms expire.
In most circumstances, a petition drive is held to collect a statutory number of signatures from registered voters. If sufficient valid signatures are verified, the matter is placed on the ballot and submitted to the electorate. Depending upon the election results, the official in question is either allowed to complete his term or is removed from office.
The Los Angeles city charter of 1903 was the first in the United States to adopt the recall. In 1908, Oregon became the first state to approve the practice. Today 11 states and hundreds of local governments include recall provisions in their constitutions or charters.
The recall, along with the referendum and initiative, won public attention because of the Populist Party platforms of the 1890s and were advanced as means to stimulate unresponsive government.
The
Populist (or People's) Party platform in 1892 incorporated a host of popular reform ideas, including the following:
Australian (or Secret) Ballot. Voting was still conducted publicly in many areas, potentially subjecting voters to pressure or recrimination by employers and landlords. (This proposal was adopted almost everywhere in the United States in the early 20th century.)
Popular Election of U.S. Senators. As provided in the Constitution (Article I, Section 3), senators were selected by the state legislatures, not by popular vote. It was believed that business lobbies exerted inordinate influence over the selection of these officials. (This plank would become part of the Constitution in 1913 when Amendment XVII was ratified.)
Direct Democracy. The Populists urged the adoption of the initiative, referendum and recall as means to give the people a more direct voice in government. (Some or all of these procedures became part of the constitutions of many states during the early 20th century.)
Banking Reform. The Populists believed that much of their economic hardship had been caused by bankers' unfair practices. They proposed to end the national banking system, a point of view not widely held. (The Populists failed with this proposal and a Federal Reserve System was established by law in 1913.)
Government Ownership of the Railroads. Anger against the railroads for alleged price discrimination was so intense that the Populists advocated for federal appropriation. (Opponents charged the Populists with socialism and little public support existed for this plank. However, during the Theodore Roosevelt administration, steps were taken toward reform of the railroads.)
Graduated Income Tax. The Populists viewed the graduated income tax as a means to pry loose a portion of the tremendous wealth of the nation's most prosperous citizens. A "graduated" tax meant that the rate of taxation would increase as one's income increased. (A step was made in this direction in the Wilson-Gorman Tariff of 1894 when a uniform tax was imposed, but that portion of the law was declared unconstitutional by the Supreme Court the following year. Authority to impose such taxation was granted to Congress under Amendment XVI in 1913.)
Free and Unlimited Coinage of Silver. The Populists in 1892 raised the silver issue, but not with the same fervor that would emerge four years later. (The free silver crusade would die a natural death in the years following 1896 as prosperity returned and the world's gold supply increased.)
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