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A referendum is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with and also known as plebiscite, votation,popular consultation, ballot question, ballot measure, or proposition.
California Proposition 187 was a 1994 ballot initiative to establish a state-run citizenship screening system and prohibit illegal immigrants from using non-emergency health care, public education, and other services in the State of California. Voters passed the proposed law at a referendum on November 8, 1994. The law was challenged in a legal suit the day after its passage, and found unconstitutional by a federal district court on November 11. In 1999, Governor Gray Davis halted state appeals of this ruling.
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West. It is a form of direct democracy.
Proposition 200, the "Arizona Taxpayer and Citizen Protection Act", was an Arizona state initiative passed in 2004 that basically requires: (a) persons to provide proof of citizenship to register to vote; (b) voters to present a photo identification before receiving a ballot at the polling place; and (c) state and local agencies to verify the identity and eligibility, based on immigration status, of applicants for non-federally mandated public benefits. The proposition also makes it a misdemeanor for public officials to fail to report violations of U.S. immigration law by applicants for those public benefits and permits private lawsuits by any resident to enforce its provisions related to public benefits. The requirement to provide proof of citizenship to register to vote was later ruled invalid in federal court.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
The California Border Police Initiative was a proposed state ballot initiative seeking to amend the California Constitution to create a new state law enforcement agency called the "California Border Police." Proponents of the initiative failed in their effort to gather enough signatures to get it on the June 2006 statewide ballot.
Plyler v. Doe, 457 U.S. 202 (1982), was a landmark decision in which the Supreme Court of the United States struck down both a state statute denying funding for education of undocumented immigrant children in the United States and an independent school district's attempt to charge an annual $1,000 tuition fee for each student to compensate for lost state funding. The Court found that any state restriction imposed on the rights afforded to children based on their immigration status must be examined under a rational basis standard to determine whether it furthers a substantial government interest.
Same-sex marriage has been legally recognized in Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.
Defend Colorado Now (DCN) was a ballot initiative introduced in January 2006 to amend the constitution of Colorado to deny non-emergency public services that are not required by federal law to illegal immigrants in Colorado. It was similar to the recently approved Arizona Proposition 200 (2004), which denied public services to illegal aliens and California Proposition 187 (1994) which was declared unconstitutional by the Federal Appeals Court.
A sanctuary city is a municipality that limits or denies its cooperation with the national government in enforcing immigration law. Leaders of sanctuary cities say they want to reduce fear of deportation and possible family break-up among people who are in the country illegally, so that such people will be more willing to report crimes, use health and social services, and enroll their children in school.
Russell Keith Pearce was an American far-right politician who was a Republican (GOP) member of the Arizona State Senate. He rose to national prominence as the primary sponsor of Arizona SB1070, a controversial anti-illegal immigrant measure that was signed into law in 2010. He was elected President of the Arizona Senate when the Senate began its January 2011 term but then suffered a dramatic reversal of fortune when he was ousted in a November 2011 recall election, the first legislator in Arizona history to be so removed from office. He served as Vice-Chair of the Arizona GOP, but he resigned the position in September 2014 after controversy over a eugenicist comment about forced sterilization of poor women on Medicaid.
The right of non-citizens to vote in the United States has historically been a contentious issue. Since 1997, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 has prohibited non-citizens from voting in federal elections, with the threat of fines, imprisonment, inadmissibility and deportation. Exempt from punishment is any noncitizen who, at the time of voting, had two natural or adoptive U.S. citizen parents, who began permanently living in the United States before turning 16 years old, and who reasonably believed that they were a citizen of the United States. At one point or another before 1926 40 states had non-citizens voting in elections. While federal law does not prohibit noncitizens from voting in state or local elections, no state has allowed noncitizens to vote in statewide elections since Arkansas became the last state to outlaw noncitizen voting in state elections in 1926. As of December 2022, at least thirteen local jurisdictions allow non-citizen voting, namely Winooski and Montpelier in Vermont, and eleven in Maryland near Washington, D.C. In 2023, D.C. itself started allowing local non-citizen voting. Additionally, the U.S. territories of American Samoa and the Northern Mariana Islands allow non-citizen US nationals to vote, a status granted to all persons born in American Samoa. All persons born in the Northern Mariana Islands automatically become US citizens at birth, as opposed to becoming US nationals at birth. Guam and Hawaiʻi, by contrast do not allow non-citizen US nationals to vote.
The 2009 Washington Referendum 71 (R-71) legalized domestic partnership in Washington state, the first statewide referendum in the United States that extended to LGBT people the rights and responsibility of domestic partnership. The bill had passed State Legislature, and it was signed into law by the Governor in May 2009, but opponents gathered enough signatures to put the measure before the voters, who returned ballots by mail over three weeks ending on November 3, 2009, approving the measure 53% to 47%. The new law went into effect 30 days later, on December 3, 2009.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
The Support Our Law Enforcement and Safe Neighborhoods Act is a 2010 legislative Act in the U.S. state of Arizona that was the broadest and strictest anti-illegal immigration law in the United States when passed. It has received international attention and has spurred considerable controversy.
In the US state of Montana, cannabis has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.
2020 Missouri Amendment 2, also known as the Medicaid Expansion Initiative, was a ballot measure to amend the Constitution of Missouri to expand Medicaid under the Affordable Care Act. The initiative was on the August 4, 2020, primary ballot and passed with 53.27% of the vote. Following similar successful ballot initiatives in other states, Republican lawmakers added work requirements to Medicaid expansions, which supporters aimed to prevent by proposing state constitutional amendments for future Medicaid expansions. Opponents sued to prevent the measure from being voted on, but courts ruled in the measure's favor. The measure was supported most in urban areas and opposed in rural areas. After a delay due to a lack of funding and resulting litigation, the initiative was implemented in October 2021, albeit slowly. Republican lawmakers attempted to roll back the program and add a work requirement through a state constitutional amendment, which failed after the United States Supreme Court did not grant certiorari to similar cases.
U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. It can still be found on his campaign website under sentencing reform. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons.
The Senate Concurrent Resolution 1044 or Arizona In-Sate Tuition for Non-Citizen Resident Measure is a legislatively referred state statute on the ballot for the November 8, 2022 election in Arizona. SCR 1044 would repeal provisions of Proposition 300 passed in 2006. SCR 1044 would give voters the opportunity to allow all students, including Arizonan Dreamers, to receive in-state college tuition when a student (a) attended a school in Arizona for a minimum of two years and (b) graduated from a public school, private school, or homeschool in Arizona.
References
- ↑ 2012 Montana Voters Pass Referendum 121 – Denying Certain State Funded Services to Illegal Aliens, KGVO.com
- ↑ Montanans largely approving ballot measures, Great Falls Tribune
- ↑ State ballot questions to shape landscape on social issues, marijuana policy and more, Foxnews
- ↑ "Archived copy" (PDF). Archived from the original (PDF) on July 5, 2016. Retrieved May 20, 2013.
{{cite web}}: CS1 maint: archived copy as title (link) - ↑ "Court strikes down Montana immigration law". USA Today .
- ↑ "Court strikes down Montana immigration law". USA Today .
- ↑ "Workbook: Docket Home_P".
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