SD4 - Report of the Joint Subcommittee Studying the Initiative and Referendum

  • Published: 1981
  • Author: Joint Subcommittee Studying the Initiative and Referendum
  • Enabling Authority: Senate Joint Resolution 96 (Regular Session, 1980)

Executive Summary:

The initiative and referendum allow citizens of a state to propose legislation for consideration directly by the entire electorate or to subject measures passed by the legislature to a popular vote. Because of the recent widespread interest in these mechanisms, the 1979 General Assembly requested that a study be made of them (SJR 167).

This subcommittee submitted an interim report to the 1980 General Assembly (Senate Document No. 30). That report contained a summary of the arguments advanced for and against initiatives and referendums.

After meeting and discussing the question thoroughly, the majority of the subcommittee decided that Virginia should not adopt the initiative and referendum. The primary reason for this recommendation is the nature of the legislative process itself. Within that process, proposed statutes are subject to extensive scrutiny. This scrutiny often results in the refining of the language in a measure so as to better reach a consensus and protect the interests of all involved. Such would not be possible with an initiative.

The further fragmentation of public policy is another concern weighing against initiatives. The ability to enact laws independently of the regular structure could well lead to uncoordinated efforts or the crippling of whole programs. For all these reasons, Virginia should not enable the voters to legislate directly through the initiative and referendum.