What It Takes For A Referendum To Be Fair

(MENAFN- Swissinfo) Popular votes are held not only in democracies such as Switzerland, but also in semi-democratic and authoritarian countries. Can such referendums ever be fair? This content was published on February 23, 2026 - 09:00 9 minutes

As a reporter I cover developments in democracy where the Swiss perspective becomes relevant. I am Swiss and have long been fascinated by the way public discussions shape society.

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What does Switzerland have in common with dictatorships around the world? Above all, a fondness for popular votes.

“Nowadays, almost every dictator holds elections,” says Robin Gut, a political scientist at the Centre for Democracy Studies Aarau. They create an appearance of democratic legitimacy. But sham elections are costly and need lots of people: an opposition which poses no real threat, a party structure, candidates. Involving large numbers of people creates unpredictable risks.

“You don't have all these problems with a referendum,” says Gut, who researches how non-democratic and semi-democratic states use plebiscites.

Referendums are popular with dictators because they can easily determine the topic, the wording of the question and the timing – unlike elections, which are held at regular intervals. At the same time, referendums can legitimise a dictatorship or its policies in a similar way.

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Authoritarian rulers can also call a referendum at very short notice, catching everyone off guard. The Council of Europe's Venice Commission states in its Code of Good Practice on ReferendumsExternal link that one month between the announcement and the vote is the“absolute minimum” period necessary for voters to form an opinion.

“The fairness of a vote is not measured solely by whether ballots are cast freely on voting day,” says Regina Kiener, a legal scholar who helped draft the Code of Good Practice. The state must recognise and safeguard the freedom to form an opinion, she says. This includes ensuring that both sides can“express themselves equally” ahead of the vote and are“adequately represented in public media”. The Code of Good Practice, Kiener says, can serve“as a benchmark for assessing whether a state can be regarded as a constitutional democracy governed by the rule of law”.

The key points:

1. Universal suffrage: all groups in society, especially minorities, must have equal access to the process.

2. Freedom to form an opinion and equal treatment of both sides during the campaign.
3. Secret ballots: there must be no coercion or intimidation.
4. A rules-based framework.
5. A clear and balanced referendum question.
6. The organisation and oversight of the referendum must be impartial and independent.
7. International and domestic observers from all camps must have broad access to monitor the vote and the count.
8. Effective legal remedies in the event of irregularities.

A tool for authoritarian rulers

Since the time of Napoleon, authoritarian rulers around the world have repeatedly turned to referendums. In the 21st century this includes Morocco's monarchy, Turkish President Recep Tayyip Erdoğan and Russia's Vladimir Putin. Observers have often criticised these votes as undemocratic.

Even in democracies, referendums are sometimes accused of being unfair. In Switzerland, allegedly one-sided official information brochures frequently end up before the courts.

In the UK, some critics of the 2016 Brexit referendum argued that the outcome was unfair and did not reflect “the will of the people”External link.

How do referendums and direct democracy actually work in Switzerland? Read more in our explainer:

More More Swiss democracy How Swiss direct democracy works

This content was published on Mar 31, 2025 What do direct democratic tools like popular initiatives and referendums really entail? And how has this unique system evolved over time?

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