Is the Referendum in California Two Centuries Old?

Joe Mathews
Journalist and Irvine senior fellow at the New America Foundation, Fellow at the Center for Social Cohesion at Arizona State University and co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).

Next year, 2011, brings the 100th anniversary of statewide initiative, referendum and recall. And the city of Los Angeles adopted direct democracy a decade before it was adopted statewide.

But referendum may be even older than that in California -a century older.

Michael Warnken, a reader who has been engaged in the question of whether California’s legislature is of sufficient size, unearthed a passage from a 1912 history of Solano and Napa Counties that shows the referendum being used in California in the first half of the 19th century-before statehood. Here’s the passage, with one note (an ayuntamiento is a term used to refer to the council of a municipality, or sometimes the municipality itself).

"The jurisdiction of an ayuntamiento might be confined to a small village or a county, and its authority was often as extensive as its jurisdiction.

Its members, serving without pay, were liable to fine for non-attendance, and resignations were difficult. Even under the government of the Spanish king, three-quarters of a century ago, California had the referendum. When a question of importance was before the ayuntamiento, and there was a division of opinion, the alarma publica bell was rung and every citizen gathered immediately at the assembly hall. Those who failed without reason were fined $3. Then and there the public by the simple raising of hands, voted and decided the question."

- Tom Gregory, History of Solano and Napa Counties California, 1912, Pg. 32

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