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What you need to know

From left: then U.S. Senators Hiram Johnson of California, William Borah of Idaho and Joseph T. Robinson of Arkansas, in Washington DC on January 17, 1935. AP Photo

From Samia Kamal

California is one of 26 states that uses either an initiative process, a referendum process, or both.

Although the state has had an opportunity for citizens to initiate legislation since 1898, the popular initiative process was not officially introduced until after a special election on October 10, 1911, when then-Governor Hiram Johnson signed a law that allowed voters to recall elected officials, repeal laws by referendum, and pass state laws by popular initiative.

The push for more direct democracy was part of a nationwide movement for social and political reform in the late 19th century. In California, it was fueled by concerns about the influence of the Southern Pacific Railroad and other “financial” interest groups in the legislature.

From 1911 to the most recent vote in November 2020, 2,068 initiatives were released for signature collection. Of these, 392, or about 19%, qualified for the ballot. And of those that made it onto the ballot, 137, or 35%, were approved by voters, including 39 constitutional amendments.

Most bills passed in a single vote? 48 in 1914, followed by 45 in 1990 and 41 in 1988.

What is the difference between a referendum and an initiative?

In a referendum, voters can approve or reject a law passed by the legislature, although there are some exceptions: “emergency” laws that are necessary for public peace, health, or safety; laws that call elections; or laws that levy taxes or appropriate funds for current expenditures.

Initiatives, which are more common than referendums, propose new laws as well as changes to the California Constitution. Since 2011, initiatives can only appear on the general ballot in November.

In most cases, initiatives and referendums require the same signatures: at least 5% of the total votes cast in the last gubernatorial election. However, a constitutional amendment initiative requires at least 8% of the total votes cast in the last gubernatorial election.

In this election, at least 546,651 signatures were needed to approve an initiative and 874,641 for a constitutional amendment.

Anna Harden

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