Referendum: a question put directly to voters

A referendum is a vote in which the electorate decides or advises on a specific question, rather than choosing a representative. Referendums come in several forms: some are required by a constitution, some are sent to voters by a legislature, and some are triggered by citizens’ signatures to approve or repeal a law. Switzerland holds them several times a year; 23 U.S. states have the popular referendum.

Definition

The U.S. Voluntary Voting System Guidelines 2.0 treat “referendum” as one of several synonyms for a ballot measure: “a question that appears on a ballot with options, usually in the form of an approval or rejection”.⁠¹ The National Conference of State Legislatures (NCSL) distinguishes two U.S. forms:⁠²

• Legislative referral (legislative referendum): measures a legislature sends to voters, including some it must send, such as constitutional changes, bonds, and some tax changes. “These measures are called legislative referrals or legislative referenda.”
• Popular referendum: “A popular referendum allows voters to approve or repeal an act of the legislature,” triggered by citizen petition.

A third form, the mandatory referendum, applies when a constitution requires a public vote on certain changes.

Origin and history

Switzerland is a frequently cited example of regular referendums. The Swiss Federal Department of Foreign Affairs explains that “all constitutional amendments approved by Parliament are subject to a mandatory referendum,” and that for an optional referendum on federal legislation, “50,000 valid signatures must be collected within 100 days of publication of the new legislation”.⁠³ “The Swiss electorate are called on approximately four times a year to vote on an average of fifteen such issues,” with turnout “a little over 40% on average” in recent decades.⁠³

In the United States, NCSL reports that “twenty-three states, the District of Columbia and the U.S. Virgin Islands have the popular referendum”.⁠² The site’s Cases chapter discusses Switzerland, including its turnout and its limits.

How referendums are assessed

Referendums are judged on the question, the campaign, and the rule for approval.

• Question wording. As with any survey, wording shapes answers. Pew Research Center’s documentation shows how adding one consideration to a question can reverse majority support.⁠⁴ A referendum question is fixed in law, so disputes over its wording matter.
• Information. Voters often decide complex questions with limited information, which supporters of deliberation and citizens’ assemblies seek to address.
• Thresholds. A simple majority, a supermajority, a turnout minimum, or a double majority (people and regions) each produces a different standard of consent. British Columbia’s 2005 electoral reform referendum, for example, required “60% of all voters” and majorities in 60% of districts.⁠⁵
• Binding effect. Some referendums bind; others advise, and governments decide what to do next.

Supporters argue referendums give citizens the final word on fundamental questions and confer legitimacy. Critics argue they reduce complex choices to yes or no, invite campaigns built on simplification, and can let a majority decide minority rights. Both arguments depend on design.

Common confusions and neighboring terms

• Referendum vs. initiative. An initiative starts with citizens proposing new law; a popular referendum responds to a law already passed.
• Referendum vs. ballot measure. “Ballot measure” is the umbrella term for any question on a ballot, including referendums.
• Referendum vs. plebiscite. Usage of “plebiscite” varies between countries and writers, so this site uses “referendum” and states whether a given vote binds.
• Referendum vs. poll. A poll samples opinion; a referendum is an official vote of all eligible voters.

How My Vote Forward uses the term

My Vote Forward uses “referendum” only for official votes. Collected priorities and opinions are not referendums and are never presented as results of one. The framework’s Participation between elections chapter advises against promising a pending vote: priorities can be gathered when no referendum is scheduled, and that should be said plainly.

Unresolved questions

• Should referendum questions be pretested with representative samples for clarity before they are fixed in law?
• What approval threshold best balances legitimacy with the ability to change anything?
• How can minority rights be protected when they are the subject of a majority vote?