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Frequently Asked Question about What Is Subject to Referendum

Any legislative decision made by a representative body is subject to referendum

California State Capitol. (Photo: Kevin Sanders for California Globe)

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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Chris Micheli: Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.
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