Location of the referendum in the institutional framework
There are therefore key design features that help to define different types of referendums. The first and perhaps most important is how the referendum fits within a country's overall legal system; are referendums mandatory under a country's constitution or other laws? Is a referendum required to be held, or has it been initiated by the government, legislature, or citizens?
Issues
A second key feature is that of the issues in relation to which referendums can be held. If the circumstances in which referendums can be held are clearly specified in a country's legal framework, the issues on which referendums can be held will be known. Typically, these will relate to issues of major constitutional or political significance, such as a country's constitution, sovereignty, or international relations. A large proportion of referendums held in Europe, for example, have been connected to the issue of European integration. However, where referendums are optional, the subject matter on which they are held may vary. Without restrictions, abrogative referendums could relate to any issue that is the subject of legislation.
Some countries that provide for holding optional/abrogative referendums therefore place restrictions on the issues that can be the subject of referendums. In Uruguay, for example, referendums cannot be held in relation to fiscal policy or laws relating to the executive, whilst in Colombia, political amnesty is barred from being the subject of a referendum.
Combination of polls
When a referendum is held, it must be decided whether or not it is to be combined with another poll (e.g., an ordinary general election), or whether the referendum is to be held separately. It is sometimes argued that combining polls can increase the risk that voters will confuse separate issues (e.g., the performance of the incumbent government can be confused with the issue on which the referendum is being held). However, from an administrative point of view, it may be more cost effective to hold a referendum at the same time as an election.
The referendum question or ballot text
A second important issue relates to the wording of the referendum question or ballot text put on the ballot paper. Studies suggest that the wording of the question can have an important effect on the outcome of a referendum. Who determines the exact question that appears on the ballot is therefore significant. Is the government responsible for framing the question, even in cases when the government initiates the referendum and therefore has an interest in designing the question to increase the chances of achieving its own desired outcome? Does the Electoral Management Body have oversight of the question? Whoever designs the question, it is important that the question put to voters is clear and straightforward. Studies have generally shown that when voters are in doubt about a referendum issue, they tend to be conservative and maintain the status quo.
Campaign regulations
In relation to the referendum campaign, it is vital to make sure that the voters hear the case put forward on both sides of an issue. Hence, campaign regulations may be implemented to try to ensure that there is a level playing field between organisations campaigning for and against the referendum. These might include limits on campaign expenditure (although in some countries limits may be deemed unconstitutional) and/or controls on the acceptance of campaign contributions, and control on the access to the media. In Quebec, all interested organisations must group themselves into two umbrella groups, while elsewhere any number of organisations can campaign independently for or against an issue being referred to the voters.
The role of the government and provision of information The role of the government in a referendum campaign can also be important. Is the government allowed to campaign for the outcome it supports? Does it distribute its own promotional material or run government broadcasts outlining its views? Similarly, is there a neutral source of information, separate from the government and referendum campaigners, and/or are there requirements providing for the dissemination of non-partisan information about the issue to voters? Does the Electoral Management Body have a role in providing information to voters? If information is provided through a neutral channel, who can put information into this channel? Voters may be more inclined to trust information from sources other than campaigners, and a source of information that is perceived to be neutral will be important to many voters.
Turnout/majority requirements
Finally, a critical issue is when a proposal is judged to have passed. In some countries, a specified approval quorum is necessary for a proposal to pass. That is, a minimum number or percentage of the entire electorate should support the proposal. In others, a referendum vote is only binding if a specified turnout threshold is reached. Finally, some countries require a double majority to pass (e.g., when a referendum must achieve a majority of the overall total votes cast and a majority of votes in at least a specified proportion of defined lower level electoral areas). Clearly, the requirements for a successful referendum have an impact on the likelihood of whether a referendum passes or not.
The outcome of a referendum may either be legally binding or not. It is legally binding if the government or appropriate authority is compelled to implement it; it is non-binding if it is only advisory upon the government or appropriate authority. The legal consequences of a vote have to be clearly specified either in the constitution or in the ad-hoc decisions that call a referendum. In this context, it is important to distinguish between the legal and political consequences. Even though a referendum is legally consultative, it may for political reasons be difficult for a government or authority to evade the outcome.
