By Sameea Kamal

California is one of 26 states with either an initiative process, referendum process, or both.  

While the state has had some way for citizens to initiate laws since 1898, it formally adopted the ballot initiative process after a special election on Oct. 10, 1911, when then-Gov. Hiram Johnson signed into law the ability for voters to recall elected officials, repeal laws by referendum and to enact state laws by initiative. 

The push for more direct democracy was a part of a movement across the U.S. in the late 1800s for social and political reform. In California, it was fueled by concerns over the influence that Southern Pacific Railroad and other “monied” interests had over the Legislature.

From 1911 through the most recent ballot measures in November 2020, there have been 2,068 initiatives cleared for signature collection. Of those, 392, or about 19%, qualified for the ballot. And of those that made the ballot, 137, or 35%, have been approved by voters, including 39 constitutional amendments. 

The most measures on a single ballot? 48 in 1914, followed by 45 in 1990 and 41 in 1988.

What’s the difference between a referendum and an initiative? 

A referendum allows voters to approve or reject a statute passed by the Legislature, but with some exceptions: “urgency” statutes necessary for public peace, health, or safety; statutes calling elections; or laws that levy taxes or provide appropriations for current expenses. 

Initiatives, which are more common than referenda, propose new statutes, as well as amendments to California’s constitution. Since 2011, initiatives can only appear on the November general election ballot.

In most cases, initiatives and referenda share the same signature requirements — at least 5% of the total votes cast for the office of governor at the last election. A constitutional amendment initiative, however, requires at least 8% of the total votes cast at the most recent gubernatorial election. 

For this election, that was at least 546,651 signatures to qualify an initiative, and 874,641 for a constitutional amendment.