The national government is a representative democracy: voters choose officials, and the officials make the laws. Many states add tools of direct democracy, adopted mostly during the Progressive Era (South Dakota was first, in 1898).
| Tool | Who starts it | What happens |
|---|---|---|
| Initiative | voters, by petition (gathering a set number of signatures) | a proposed law or state constitutional amendment goes on the ballot, and voters decide; about half the states allow some form |
| Referendum | usually the legislature (or, in a "popular referendum," voters petitioning against a new law) | voters approve or reject a measure the legislature passed or referred; many state constitutions require a referendum for amendments or bonds |
| Recall | voters, by petition | a special election may remove an official before the term ends; 19 states allow recall of state officials |
Why it works
Supporters say these tools let citizens act when legislatures will not, check special interests and keep officials answerable. Critics say ballot measures can be confusing, are shaped by whoever pays for signature drives and ads, and skip the committee work and compromise of a legislature. Recalls are rare but sometimes succeed: California voters recalled Governor Gray Davis in 2003, while a recall attempt against Governor Scott Walker of Wisconsin (2012) failed. There is no national initiative or referendum: federal laws are made only by Congress and the President, and amendments only by Article V.
Key idea
The initiative lets voters propose laws or amendments by petition; the referendum lets voters approve or reject a measure, often one from the legislature; the recall lets voters remove an official early. These exist in many states, but there is no national initiative or referendum.
Worked example: Initiative or referendum?
The legislature passes a bill to borrow money for new bridges, and the state constitution requires voters to approve it. What is the vote called?
- The measure came from the legislature and goes to voters for approval.
Answer: A referendum.
Worked example: National ballot?
Can American voters put a federal law on a nationwide ballot by petition?
- The Constitution gives federal lawmaking to Congress and the President.
- There is no national initiative.
Answer: No.
Common mistake
Mixing up the initiative and the referendum. The initiative starts with the voters' petition; a referendum sends a measure, often from the legislature, to the voters. Check: where did the measure start?