A Powerpoint explaining the Initiative and Referendum Process and how it functions in the U.S Government.

1. The
Initiative and Referendum
Process

2. What is the Initiative/Referendum
Process?
In political terminology, the initiative is a
process that enables citizens to bypass
their state legislature by placing proposed
statutes and, in some states,
constitutional amendments on the ballot.
The first state to adopt the initiative was
South Dakota in 1898. Since then, 23
other states have included the initiative
process in their constitutions, the most
recent being Mississippi in 1992. That
makes a total of 24 states with an
initiative process.

3. There are two types of initiatives: direct and
indirect. In the direct process, proposals that
qualify go directly on the ballot. In the indirect
process, they are submitted to the legislature,
may act on the proposal. Depending on the state,
the initiative question goes on the ballot if the
legislature rejects it, submits a different proposal
or takes no action. In some states with the
indirect process, the legislature may submit a
competing measure that appears on the ballot
along with the original proposal. States with
some form of the indirect process are Maine,
Massachusetts, Michigan, Mississippi, Nevada
and Ohio. In Utah and Washington, proponents
may select either the direct or indirect method.

4. Examples of a Referendum
 Montana -- Initiative Referendum No. 124: Asks voters to repeal state
law (SB 423) that weakens a voter-approved initiative allowing
medical use of marijuana.
 -Pass - 57-43
 Washington -- Referendum Measure No. 74: Asks voters to repeal SB
6239 that legalized same-sex marriage (if Fails, Gay marriage is legal
there).
 -Fail - 52-48
 Montana – Legislative Referendum No. 122: Prohibits individuals and
businesses from being required to participate in health care system.
 -Pass - 66-34

5. Brief History of the Process
 The ideals of voter initiative started as early as 1775, when Thomas
Jefferson mentioned the principle during the pre-American Continental
Congress.
 Fast forward to the progressive era (1890s-1920s) where voters felt
they had little sovereignty in making decisions that would solve
problems.
 In 1897, the first voter initiative policy was passed in Nebraska.
 By 1918, 24 states and many more cities had adopted initiative and
referendum policies, mostly in the Western half of the US.

6. Pros and Cons of the Process
PROS

7. CONS

8. How to get an Initiative on the Ballot
 No two states have exactly the same requirements for qualifying
initiatives to be placed on the ballot. Generally, however, the process
includes these steps:
 (1) preliminary filing of a proposed petition with a designated state official;
 (2) review of the petition for conformance with statutory requirements
and, in several states, a review of the language of the proposal;
 (3) preparation of a ballot title and summary;
 (4) circulation of the petition to obtain the required number of signatures
of registered voters, usually a percentage of the votes cast for a
statewide office in the preceding general election; and
 (5) submission of the petitions to the state elections official, who must
verify the number of signatures.

9. Recall Process
A recall is a petition process
where voters can vote to
remove an elected official from
office during their term.
If a designated percentage (like
%25) of voters from the last
election sign a recall petition, a
special election can be held to
either keep or remove the
official.
Only two governors have been
recalled ever: Frazier(D) of N.D.
1921 and Gray Davis (R) of Cali
2003.

10. California Influence/Proposition 13.
 On June 6th, 1978, nearly two-thirds of California’s voters passed Proposition
13,
 reducing property tax rates on homes, businesses and farms by about 57%.
 The Environment Prior to Proposition 13
 Prior to Proposition 13, the property tax rate throughout California averaged a
little
 less than 3% of market value. Additionally, there were no limits on increases
for
 the tax rate or on individual ad valorem charges. (“Ad valorem” refers to taxes
 based on the assessed value of property. ) Some properties were reassessed
50%
 to 100% in just one year and their owners’ property tax bills increased
accordingly.

11. California Proposition 8
 Proposition 8, before it was declared null and void by the federal
courts, created a new amendment to the California Constitution which
said, "only marriage between a man and a woman is valid or
recognized in California." Before it passed, same-sex marriage was a
constitutionally-protected right in California; a majority of the justices
of the California Supreme Court affirmed this understanding of the
constitution in May 2008.
California Proposition 8
Result Votes Percentage
a Yes
7,001,08
4
52.3%
No 6,401,482 47.7%

12. Major 2012 Voter Initiatives
 Some interesting 2012 initiatives across the board.
 Colorado allowed voters to vote on a marijuana legalization initiative
in 2012, which passed in the national spotlight.
 In Florida, voters have a referendum to repeal a law that allowed
public funds to be used for religious organizations.
 Obama-care nullification initiatives are on the ballot in Alabama,
Florida, Montana, and Wyoming.

13. Questions
1.) How many states have an initiative program?
A. 50
B. 42
C. 24
D. 36
2.) When can a referendum be enacted?
A. After state legislature has passed the law
B. Before state legislature has passed the law
C. Never, referendums are banned in the U.S.
D. Only 2 times a year
3.) How much needed to pass referendum?
A. 52%
B. 47%
C. 89%
D. 51%
4.) Colorado just passed amendment 64 allowing the use of:
A. Cocaine
B. LSD
C. Marijuana
D. Alcohol
5.) What are the types of initiatives?
A. Direct & indirect
B. None
C. Reflexive
D. Stationary

14. Links/Citations
 http://www.ncsl.org/legislatures-elections/elections/initiative-referendum-and-
recall-overview.aspx
 http://www.californiataxdata.com/pdf/Prop13.pdf
 http://ballotpedia.org/wiki/index.php/California_Proposition_8,_the_%22Eliminate
s_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)
 http://www.iandrinstitute.org/New%20IRI%20Website%20Info/Drop%20Down%2
0Boxes/Quick%20Facts/History%20of%20IR.&pdf
 http://thinkprogress.org/justice/2012/06/19/501401/10-issues-to-watch-on-state-
ballot-initiatives-this-november/?mobile=nc
 http://ballotpedia.org/wiki/index.php/California_Proposition_8,_the_%22Eliminate
s_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)
 http://www.cartoonstock.com/newscartoons/directory/p/polling.asp
 http://jondornart.com/2011/12/10/referendum-within-a-referendum-within-a-
referendum-within-the-matrix/
 http://www.cartoonstock.com/newscartoons/directory/e/eu_referendum.asp