California Referendums

CALIFORNIA REFERENDUMS

California’s system of direct democracy allows voters to do more than propose laws, they can also approve or reject laws passed by the state legislature (or a local city council or county board of supervisors). This power is known as the referendum process. Alongside the initiative and recall, the referendum is one of the three major tools Californians use to hold their government accountable and influence public policy directly. Legal assistance is helpful in navigating the California referendum process.

Purpose and History

The referendum process was added to the California Constitution during the Progressive Era, the same reform movement that introduced the initiative and recall. At that time, reformers wanted to give ordinary citizens a way to check the power of the legislature and to overturn unpopular laws passed by politicians.

The referendum ensures that voters, not just elected officials, have the final say on important or controversial legislation.

What Is a Referendum

A referendum is a vote by the people on a law or part of a law passed by the California State Legislature (or a local city council or county board of supervisors). In simple terms, it gives voters the power to approve or reject laws that have already been enacted.

There are two main types of referenda in California:

Petition (Popular) Referendum – Citizens gather signatures to place a recently passed law on the ballot for voter approval or rejection.

Legislative Referendum – The Legislature itself places a proposed law or constitutional amendment on the ballot for voter approval.

The Petition (Popular) Referendum Process

This is the most common type of referendum and allows citizens to challenge a new law.

Step-by-Step Process for a State Referendum

1. Law Is Passed
   • The state legislature passes a law and the governor signs it.
   • Most laws go into effect on January 1 of the following year, unless designated as urgency or budget-related measures.
2. Petition Filed
   • Within 90 days after the governor signs the bill, voters who oppose the law can file a referendum petition with the California Attorney General.
   • The Attorney General prepares an official title and summary for circulation.
3. Signature Gathering
   • Proponents have 90 days from the law’s enactment to collect signatures from registered voters.
   • The number of valid signatures required equals 5% of the votes cast for governor in the most recent gubernatorial election.
4. Signature Verification
   • County election officials check the signatures.
   • If enough valid signatures are gathered, the law is suspended and does not take effect unless voters approve it.
5. Election and Voter Decision
   • The referendum appears on the next statewide ballot.
   • A “Yes” vote means the voter wants to keep the law.
   • A “No” vote means the voter wants to repeal the law.
6. Outcome
   • If a majority votes “No,” the law is overturned and does not go into effect.
   • If a majority votes “Yes,” the law remains in force.

Legislative Referendum

In addition to citizen petitions, the California Legislature can place certain measures before voters:

Constitutional amendments proposed by the Legislature must be approved by a two-thirds vote in both the Assembly and Senate and then submitted to voters for final approval.

Occasionally, lawmakers may also put other laws or bond measures on the ballot for voter confirmation.

Limitations

Not every law can be challenged by referendum. The California Constitution exempts:

• Urgency laws (take effect immediately)
• Statutes calling for elections
• Laws relating to appropriations for the usual current expenses of the state

These exemptions ensure the government can continue essential operations without interruption.

Advantages and Criticisms

Advantages

• Provides a check on legislative power
• Encourages public participation and oversight of state laws
• Can reverse unpopular or controversial laws

Criticisms

• Short time frame (90 days) makes it difficult for grassroots groups to organize
• High signature requirements often favor well-funded organizations
• Complex ballot language may confuse voters
• Can lead to policy instability if frequently used

Examples of Referendums in California

Referendum	Year	Subject	Outcome
Proposition 67	2016	Statewide plastic bag ban	Voters upheld the law (Yes: 53%)
Proposition 25	2020	Replace cash bail with risk-based system	Voters rejected the law (No: 56%)
Proposition 40	2012	State Senate district boundaries	Voters approved the new districts (Yes: 71%)

These examples show how Californians have used the referendum power to confirm or overturn legislative decisions.

The California referendum process is a cornerstone of the state’s tradition of direct democracy. It gives citizens the power to act as a check on their representatives and ensures that major policy decisions can ultimately rest in the hands of voters. While the process can be complex and expensive, it remains a vital tool for keeping California’s government accountable to the people it serves.

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