California State Capitol. (Photo: Kevin Sanders for California Globe)
Frequently Asked Question about What Is Subject to Referendum
Any legislative decision made by a representative body is subject to referendum
By Chris Micheli, April 30, 2024 2:30 am
What is the referendum? It is “the power of the electors to approve or reject statutes or parts of statutes.”
What types of statutes are not subject to a referendum? They are urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.” As such, all statutes are subject to a referendum, except those four types of statutes.
Where is the referendum found in law? In the California Constitution, in Article II, Section 9.
Why types of measures are subject to a referendum? Any legislative decision made by a representative body is subject to referendum. As a result, a referendum may review only legislative decisions, but not matters that are strictly executive or administrative. Empire Waste Management v. Town of Windsor (1998) 67 Cal.App.4th 714
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