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A legislative referral (or legislative referendum) is a
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
in which a
legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a
mandatory Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics), the power granted by an electorate Mandate may also r ...
part of the procedure for passing a law. These referrals, depending on the location, can either amend a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
or enact a change in
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
. It is a form of
direct democracy Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are repres ...
. In some places it is known as an authorities referendum, authorities plebiscite, government initiated referendum, or top-down referendum It may originate from the
legislative branch A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
,
executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ...
, or a combination of the two. An instrument of
direct democracy Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are repres ...
, it is in contrast to citizens (or "bottom-up")
initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
that is initiated from the public. With initiated statutes and amendments, voters both initiate and decide on the change of law. In a legislative referral, they only approve or reject laws which their legislature votes to place before them.


United States

Bond issue In finance, a bond is a type of security under which the issuer (debtor) owes the holder ( creditor) a debt, and is obliged – depending on the terms – to repay the principal (i.e. amount borrowed) of the bond at the maturity date as well as ...
s are a common type of legislatively referred ballot measure. In some states, such as
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, if the
state legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...
in both chambers vote to put a measure on the ballot, the governor is not allowed to veto their action.


State statute

23 American states have a provision for referring statutory measure to the public as a ballot measure.


State constitutional amendment

Almost all legislatures in states and territories in the United States have the power to put state constitutional amendments to a referendum. In most cases these are mandatory referendums, meaning that a referendum is a legal requirement in order for the amendment to be ratified.
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent ...
is the only state in which the people do not have the power to vote on constitutional amendments. Only the
Delaware legislature The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 senators and the Delaware House of Representatives with 41 representatives. It meets at Legisl ...
may vote on amendments.


See also

*
Initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
*
Recall election A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a referendum before that official's term of of ...
* Popular referendum


References


External links


The Legislatively Referred State Statute
as defined on Ballotpedia

Direct democracy Ballot measures Legislatively referred ballot measures {{law-stub