Frequently Asked Questions about Voting on a Referendum

What is a referendum? The referendum is set forth in the California Constitution, in Article II, Section 9, which provides: “The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.”

What is the practical effect of a referendum? The referendum is used by the electorate to overturn a statute that was enacted by the Legislature. In other words, after the legislature has passed a law, the state’s citizens can collect signatures on a referendum petition and the voters can decide whether to maintain the law or repeal it.

What happens when a referendum qualifies for the ballot? The statute that was enacted by the Legislature is “stayed,” meaning it does not take effect and is essentially “on hold” until the state’s citizens cast their ballots on the referendum petition.

How long do proponents of a referendum have to collect signatures? The proponents of a referendum measure only have 90 days after the enactment of the statute in order to collect the requisite number of signatures on the referendum petition (the signature threshold is equal to 5% of the votes for all candidates for governor at the last gubernatorial election).

Does the referendum apply to the entire statute? The referendum petition can seek repeal of the entire statute or a part of the statute to be submitted to a vote of the electorate. Section 9 reads, in part, “approve or reject statutes or parts of statutes.” Hence, if those pursuing the referendum want to overturn the entire law or just a part of it, they can do either.

What effect does a vote for or against the referendum mean? The meaning of the “yes” or “no” vote on the referendum is counter-intuitive. Once on the ballot, the law is repealed if voters cast more no votes than yes votes on the referendum in question. In other words, if a majority votes “no,” then the law never takes effect.

Does the referendum apply to all statutes? Certain types of statutes are specifically excluded from the referendum process, meaning that certain enacted bills are not subject to a referendum at all. Those measures are urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for the usual current expenses of the State.