Also known as: referendums · referenda · plebiscite
Written by attorneys · grounded in primary & secondary sources — see below
A mechanism of direct democracy by which a legislative act, constitutional amendment, or public issue is submitted to the electorate for approval or rejection by popular vote. The term also denotes the vote itself taken under this procedure.
Select any source to read its text and confirm it supports the definition.
Ruby Rivera, a lawyer at a firm seeking government contracts, contributes funds to support a statewide referendum on environmental regulations. Because the contribution targets a referendum election rather than a candidate campaign, the payment falls outside the definition of political contribution under the applicable professional conduct rule and does not trigger disqualification from the engagement.
Rocky Mountain Mining spends corporate treasury funds on advertisements opposing a referendum that would restrict mining permits. The expenditure addresses a public policy question rather than candidate election, so the First Amendment protects the speech from state prohibition.
Ravi Reddy's proposed group home faces a city referendum after the council defers to neighborhood opposition. The referendum outcome cannot supply a valid basis for differential treatment when the underlying objections rest on unsubstantiated fears rather than legitimate zoning criteria.
Rajesh Rao sues to invalidate a state constitutional amendment that routes all infrastructure decisions through mandatory referenda. The claim that the amendment destroys republican government presents a nonjusticiable political question committed to the political branches.
Rhea Reynolds challenges a veterans' preference statute that voters reaffirmed by referendum. The referendum history shows continued public support but does not insulate the statute from an equal-protection challenge alleging sex discrimination in its operation.
Rosa Ruiz and Raymond Ramos seek to marry after voters approve a referendum defining marriage as between one man and one woman. The referendum result cannot override federal constitutional protections for same-sex couples under the Due Process and Equal Protection Clauses.
No. Political contributions in initiative and referendum elections are expressly excluded from the definition of political contribution that triggers disqualification from government legal work.
No. Contribution caps in referendum campaigns impermissibly burden speech and association because the corruption concerns justifying candidate limits do not apply to direct issue elections.
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…In 2011, the New York Legislature enacted a similar law. In 2012, voters in Maine did the same, reversing the result of a referendum just three years earlier in which they had upheld the traditional definition of marriage. In all, voters and legislators in eleven States and the District of Columbia have changed their…
…of republican government held nonjusticiable); Pacific States Tel. Co. v. Oregon , 223 U. S. 118 (claim that initiative and referendum negated republican government held nonjusticiable); Kiernan v. Portland , 223 U. S. 151 (claim that municipal charter amendment per municipal initiative and
…differently from apartment houses, multiple dwellings, and the like. It is plain that the electorate as a whole, whether by
…Massachusetts Special Commission on Civil Service and Public Personnel Administration 37-43 (June 15, 1967), and, in 1926, to a
…However, the statute at issue here is not limited to preventing corruption. It prohibits corporations from speaking on any referendum
No. A state may require more than a simple majority for certain referendum measures without violating equal protection, even though the rule gives a minority veto power.
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Yes. Differential referendum rules reflecting distinct interests of subgroups are permissible and do not violate equal protection.
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Yes. A referendum allows the electorate to ratify or set aside legislation previously adopted by the local governing body, including zoning measures, provided the subject is legislative rather than quasi-judicial.
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No. Claims that a state initiative or referendum process violates the constitutional guarantee of a republican form of government are nonjusticiable political questions.
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