Initiatives and referendums in the United States

Legislative initiatives and referendums allow citizens to put a piece of legislation to a vote, or directly pass legislation through a citizen vote. Because these actions allow citizens to directly enact or prevent legislation, they are commonly referred to as "direct democracy." Each municipality may have different regulations regarding how an initiative or referendum is created, put on a ballot, and voted on. This ability for municipalities and states or provinces to have different laws and policies is known as "federalism." The topics addressed by initiatives and referendums in the United States have included amending a constitution, removing a political figure from office, increasing taxes, legalizing same-sex marriage, and banning the use of disposable plastic shopping bags. A referendum addressing a dramatic change, such as altering the constitution or asking for state status, is called a "plebiscite."

Brief History

The concept of direct democracy dates back to ancient Greece. In the United States, direct democracy was common during the colonial era when town hall meetings were called to establish local regulations and projects. Today, many US states require a referendum vote to amend a state constitution. However, requiring a referendum was not always fully egalitarian; for much of American history, only White land-owning men were allowed to vote. Only after suffrage was expanded to landless men, people of color, and women could initiatives and referendums be said to truly reflect the will of the entire public.

The American system of initiatives and referendums is traced back to the use of direct democracy in Oregon, where it was enshrined in the state constitution. For this reason, the use of initiatives and referendums is sometimes known as the "Oregon system." This system emerged in Oregon in an attempt to address corruption in the state government. Initiatives were also used in Oregon to expand voting rights to women in 1912, eight years before the Nineteenth Amendment enabled all women in the United States to vote in all elections. This method of citizen-driven elections and legislation was then copied by many states, especially those in the West that were still designing their laws in the late 1800s and early 1900s.

Initiatives and referendums allow citizens to participate in the creation of local and state laws. Sometimes these laws contradict federal laws. In those cases, article 6, paragraph 2 of the US Constitution, commonly called the "supremacy clause," states that the federal constitution, laws, and treaties prevail when there is a discrepancy between state and federal law. However, this clause has been put to the test by referendums and initiatives that have passed measures at the state level but not at the federal level. Examples of this include state laws legalizing marijuana use and state laws concerning same-sex marriage. In such instances, the US Supreme Court often hears cases brought against the state law and then serves as final arbiter in deciding between the state and federal law. For example, the US Supreme Court overturned the federal Defense of Marriage Act of 1996, upholding the legal and historical precedent of deciding marriage laws at the state level, when it decided the case of United States v. Windsor in 2013. Then, in 2015, the Supreme Court ruled in the case of Obergefell v. Hodges that state bans on same-sex marriages are unconstitutional.

Initiatives

Initiatives allow citizens either to enact laws directly or to put forward a law for the legislature to vote upon. This method of law making was first used in South Dakota in 1898. Each state has different rules about what types of initiatives can be submitted. As of 2025, nineteen states allowed "direct initiatives," or initiatives to the people; nine states and the US Virgin Islands territory allowed "indirect initiatives," or initiatives to the legislature; and five states did not have laws allowing initiatives on statutes. Each state has special regulations about what can be proposed. For example, Washington State only allows initiatives to address one topic, and Alaska does not allow initiatives on topics of taxation, judges, peace, health, or safety. Only Utah and Washington State allow either direct or indirect initiatives.

Citizens submit initiatives to the ballot by first coming up with an idea for a new piece of legislation, or targeting an existing piece of legislation which they would like to change. Next, citizens submit a proposal to the government explaining their idea. The state or local government reviews the idea, and in many states, a government official checks to make sure that the action is constitutional and within the range of actions which the state or local government can take. Then, the citizen group is informed that they may begin collecting signatures in support of the initiative in order for it to be added to the ballot. Each state sets a minimum number of signatures that must be collected. These signatures are used to indicate that a reasonable number of citizens are interested in voting on the initiative. Once the citizen group has collected enough signatures, they submit those signatures to the state or local government. Usually, government officials check some, but not all, of these signatures to make sure that they are real. Finally, after signatures have been checked, the initiative is placed on the next local or statewide ballot. In some states, if the initiative is an especially pressing issue, it is possible to call for a special public vote at a time other than the regularly scheduled election cycle.

Two outcomes are possible for initiatives that achieve a majority of votes from the public. If it is a direct initiative and is constitutional, the idea becomes a law; in that case, the legislature does not vote on the law. If it is an indirect initiative, the idea must then be submitted to the legislature for a vote in order to become law.

Referendums

Referendums are pieces of legislation that are put to a ballot vote. There are two types of referendums: legislative and popular. Legislative referendums are pieces of legislation that have been passed by the legislature and then must be approved by a citizen vote. For example, if a legislature is attempting to change the state constitution, it must put the question to a statewide ballot. Legislative referendums are permitted in every state.

Popular referendums are used by citizens to respond to legislation. Citizens who oppose the legislation may collect signatures opposing the law. If they do this quickly enough, usually within ninety days, the proposed legislation may be stalled and put to a citizen vote to determine whether it should become law. If collecting signatures takes more time, citizens can still oppose the law through a referendum designed to overturn the new law. Popular referendums are different from initiatives in that they are in response to an action taken by the state legislature. Initiatives, on the other hand, are used to prompt action by the state legislature. Popular referendums are permitted in twenty-four states.

In California, ballot propositions are a type of referendum or initiative used as a way for voters to approve or reject legislation. A ballot propositions can be submitted by citizens through a petition that is supported by the signatures of 5 percent of the California electorate as of the last gubernatorial election. These signatures must be submitted at least 131 days before a general election. Topics of ballot measures have included legalizing medical marijuana (1996), banning same-sex marriage (2000, 2008), and abolishing the death penalty (2012, 2016). Californian ballot propositions are interesting for policy analysts because of the large number of referendums and initiatives proposed on both the local and statewide ballots and because ballot initiatives are sometimes passed in one election and then overturned in the next.

Citizens’ Initiative Review

Oregon frequently has one of the largest numbers of initiatives in the United States. This requires citizens to be knowledgeable about what is appearing on their ballot. To help Oregon citizens make sense of the many different options on their ballots, the Healthy Democracy’s Citizens’ Initiative Review was established. Over four days, two dozen citizens from across the state meet to read, consider, and debate the year’s proposed initiatives. These participants are selected in an attempt to create a cross-section of Oregon residents that ensures that people of different genders, educational backgrounds, races and ethnicities, political affiliations, and locations are represented. Participants are called in much the same way a jury is constructed; they are paid for their time serving on the review board and their travel expenses. Experts, including neutral parties, supporters, and opponents of the initiative, are brought in to meet with the review board, provide additional information about the initiative, and answer the participants’ questions. At the end of the Citizens’ Initiative Review, participants summarize their findings and publish a pamphlet that is circulated to Oregon voters.

Plebiscites in US Territories

A plebiscite is a referendum vote of particular importance. These are used for topics such as amending a state constitution or requesting statehood. Puerto Rico, which is an unincorporated territory of the United States, has held seven such referendums on the question of statehood. These votes are put to all residents of Puerto Rico asking them for an opinion on Puerto Rico’s territorial status.

The 2012 plebiscite was prompted by the United Nations Special Committee on Decolonization. In response to the United Nation’s prompting, the legislature of Puerto Rico presented a referendum to residents of Puerto Rico using a two-question method. The first question asked whether Puerto Rico should continue its current territorial status. Fifty-four percent of voters said no. Voters then were prompted to answer which non-territorial option they preferred. There were three options: statehood, sovereign free association, and independence. Sixty-one percent of voters selected the statehood option. However, nearly 500,000 ballots were left blank for the second question, calling into question whether statehood is the choice preferred by the majority of Puerto Ricans. Following this vote, the Legislative Assembly of Puerto Rico passed a resolution finding the plebiscite to be inconclusive. The island voted again on the issue in 2017, 2020, and 2024, with the majority of respondents supporting statehood. Despite this, Puerto Ricans were still unable to vote for a president in the 2024 election.

A plebiscite vote has also been planned for another United States unincorporated territory, Guam, which is located in the Pacific. Residents of Guam will be asked similar questions regarding their territorial status and whether they prefer statehood, free association, or independence. When the plebiscite vote will be held and whose votes (those of native or non-native residents) will count remain matters of debate, however.

Residents of US territories, including Puerto Rico and Guam, are already US citizens. While US territories are permitted to propose and vote on these nonbinding referendums, the US Congress is not obligated to accept or act on those votes. Should those plebiscites both pass and be accepted, residents would be given the right to vote in US presidential elections, their islands would gain full congressional representation, and they would be required to pay all federal taxes, as citizens of other states do.

Bibliography

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