Also known as: initiatives and referendums · initiative & referendum · I&R · direct democracy · ballot initiative
Written by attorneys · grounded in primary & secondary sources — see below
A mechanism of direct democracy by which citizens propose and enact legislation or constitutional amendments through petition and popular vote or approve or reject measures passed by a legislative body.
Green Precision contributed funds to support a statewide initiative limiting emissions. Because the contributions were made in an initiative election rather than a candidate race, the firm could accept the engagement without violating the rule on political contributions for government work.
CodeShield sponsored a data-privacy initiative that voters approved. After a federal court enjoined the measure the state attorney general declined to appeal. CodeShield attempted to appeal on its own but lacked the concrete injury required for standing at the appellate stage.
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Forest City obtained a rezoning from the city council for its eight-acre parcel. Opponents gathered signatures and placed the rezoning on the ballot under the city charter's referendum provision. Voters rejected the rezoning and the developer challenged the referendum process itself.
Northstar Builders sued after voters passed an initiative that replaced the legislature's budget role with online referenda. The complaint alleged the change destroyed the state's republican form of government. The federal court dismissed the claim as a nonjusticiable political question.
John Doe No. 1 and other signers of a referendum petition to repeal a domestic-partner law challenged the state's public-disclosure requirement. They argued disclosure would subject them to harassment. The Court upheld the disclosure rule as applied to referendum petitions.
California voters approved a referendum that repealed an open-housing statute and barred future fair-housing legislation. Landlords relied on the referendum to refuse rentals to minority applicants. The Court held the referendum violated the Equal Protection Clause.
No. The definition of political contribution in Rule 7.6 expressly excludes contributions made in initiative and referendum elections. A lawyer or firm may therefore make or solicit such contributions without triggering the rule's prohibition on accepting government legal engagements.
No. Article III standing must exist at every stage of litigation. Private proponents lack standing to appeal when they suffer no personal concrete injury and assert only a generalized interest in the enforceability of the voter-approved measure.
Yes. In jurisdictions that reserve initiative and referendum powers to the people, voters may place zoning amendments on the ballot by petition or approve or reject council-enacted rezonings. The resulting voter action constitutes valid legislative action.
No. Claims that a state's adoption of direct-democracy mechanisms violates the republican-form-of-government guarantee present nonjusticiable political questions committed to the political branches.
…this chapter shall be construed to condone, authorize, or approve mercy killing . . . ." In 1991, Washington voters rejected a ballot initiative which, had it passed, would have permitted a form of physician-assisted suicide. Washington then added a provision to the Natural Death Act expressly excluding physician-assisted…