Amending state constitutions
Every state but Delaware requires voters to ratify proposed state constitutional amendments—changes to a state's constitution. From 2006 through 2022, a total of 1,116[1] constitutional amendments were proposed and put before voters. Of this total, voters approved 804 proposed changes to state constitutions.
There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states:
- Through legislatively referred constitutional amendments.
- Through initiated constitutional amendments put on the ballot through a citizen signature petition. Eighteen states allow this method of amendment. The requirements in several of these states, such as Illinois and Mississippi, are difficult and rarely used.
- Through constitutional conventions. In some states, automatic ballot referrals allow voters to decide at regular intervals whether to hold a convention.
- In Florida, there is a commission-referred amendment process.
Amendment procedures
Legislative amendments
The legislatures of 49 states vote on constitutional amendments in order to refer them to the ballot for voter consideration. Delaware is the exception, with the legislature voting on constitutional amendments but not requiring voter approval. Most of the states (36 of 49) require legislatures to approve the amendments during one legislative session. An additional four states require amendments to be passed during one or two successive legislative sessions, depending on whether the amendment receives a simple majority or supermajority. The remaining nine states require legislatures to approve amendments twice—once during one legislative session and then again during the next legislative session.
Initiated amendments
- See also: Initiated constitutional amendments
Note on Mississippi:
Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001.[2]
Eighteen states have a process for initiated constitutional amendments.
These states are Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi[3], Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon and South Dakota.
Constitutional conventions
- See also: Constitutional conventions
Forty-four states have laws that lay out how a constitutional convention can be called in their state. The main differences between these laws are as follows:
- In some states, a ballot measure asking the people to approve or disapprove of holding a convention appears automatically on the ballot every 10 or (in some states) 20 years.
- In some states, the state legislature can act to place on the ballot a question asking the voters whether they wish to call a convention. These states vary with respect to:
- What percentage of those in the state legislature must vote to place such a question on the ballot.
- Whether the legislature must vote in favor of placing such a measure before the people in one or more legislative sessions.
- Once a constitutional convention question has been placed before the voters, what percentage of them must approve it for it to become part of the state's constitution.
- In some states, the legislature can call a convention without asking voters for approval.
Commission referrals
- See also: Commission-referred ballot measure
- Florida has a commission, the Florida Taxation and Budget Reform Commission, that has the authority to propose amendments to the Florida Constitution. This group convenes once every 20 years. Florida also has a Constitution Revision commission that convenes every 20 years. The first CRC meeting was held in 1977.
- With the passage of Amendment 4 in 1996, New Mexico created a process where a commission can develop and submit proposals for constitutional amendments to the state legislature.
Judicial action
Court rulings can affect a state constitution's provisions. One way a court ruling can do this is when a federal court decides that an amendment to a state's constitution is in conflict with the U.S. Constitution and must therefore be removed from that state's constitution and declared null-and-void.
State courts have also altered state constitutions by ruling that a voter-approved amendment to the state's constitution conflicts with the rest of the constitution or is in some other way unacceptable to the court and therefore must be removed from that state's constitution and declared null-and-void.
- U.S. Term Limits, Inc. v. Thornton
- Perry v. Schwarzenegger. This lawsuit asked a federal court to invalidate Section 7.5 of Article I of the California Constitution.
- Colorado Clean Government, Amendment 54 (2008). The Colorado Supreme Court agreed with a lower state court that this amendment to the Colorado Constitution, approved by voters in 2008, was unconstitutional according to other parts of the Colorado Constitution.
- Michigan Proposal 2, Affirmative Action Initiative (2006). In July 2011, the United States Court of Appeals for the 6th Circuit declared Michigan's Proposal 2 from 2006 to be invalid. Pending an appeal to the U.S. Supreme Court, Proposal 2 is currently held to be invalid and is no longer a valid part of the Michigan Constitution.
Procedures by state
Alabama
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Alabama requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A 60% vote is required during one legislative session for the Alabama State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to the Alabama Constitution, a simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
Alaska
The Alaska Constitution provides two mechanisms for amending the state's constitution—a legislative process, and a state constitutional convention. Alaska requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. Alaskans do not have the power to use a citizen initiative to amend the state's constitution. The power of initiative in Alaska is restricted to proposing state statutes.
Legislature
A two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session to refer a constitutional amendment to the ballot. That amounts to a minimum of 27 votes in the Alaska House of Representatives and 14 votes in the Alaska State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article 13 of the Alaska Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Alaska is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Alaska | 10 years | 2022 | 2032 |
Arizona
The Arizona Constitution provides for three methods of amending the Arizona Constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Arizona requires a simple majority to approve constitutional amendments. Arizona requires a 60% vote to pass ballot measures to approve taxes.
Initiative
- See also: Initiated constitutional amendment
Article 21, citizens have the power to initiate constitutional amendments in Arizona. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Arizona, the number of signatures required for an initiated constitutional amendment for the ballot is equal to 15 percent of votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signatures must be submitted four months prior to the election at which the measure is to appear. A simple majority is required for voter approval. Arizona requires a 60% vote to pass ballot measures to approve taxes.
Legislature
According to Article XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XXI of the Arizona Constitution, the state legislature can only call for a convention if it is approved by the electorate in a statewide vote. Any amendments, revisions, or proposals of the Constitution require a simple majority vote by the electorate.
Arkansas
The Arkansas Constitution provides two mechanisms for amending the state's constitution—a citizen-initiated process and a legislative process. Arkansas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Arkansas, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. Arkansas requires that a petition must contain qualified signatures equaling at least half of the required percentage of signatures (5%) from each of 50 of the state's 75 counties. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the Arkansas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Arkansas House of Representatives and 18 votes in the Arkansas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
California
- See also: Article II and Article XVIII of the California Constitution and Laws governing ballot measures in California
The California Constitution can be amended in these ways:
- Through the process of a legislatively referred constitutional amendment. This procedure is defined in Section 1 of Article XVIII of the California Constitution. According to that section:
- Two-thirds of the membership of each chamber of the California State Legislature must propose an amendment, which then goes on a statewide ballot to be ratified or rejected by the state's voters.
- The state legislature is allowed to propose revisions (not just amendments) to the constitution.
- If measures conflict, and they both get more than 50 percent of the vote, the one with the highest number of votes prevails.
- Ratified amendments take effect the day after the election.
- Through the process of an initiated constitutional amendment, according to Section 3 of Article XVIII and Section 8 of Article II.
- Petitioners can collect signatures equaling eight percent of the most recent total number of votes cast for the office of governor to qualify a proposed amendment for the ballot.
- See Ballotpedia's page on laws governing the initiative process in California for full details on the process and requirements of an initiated constitutional amendment in California.
- Through the process of a constitutional convention. According to Section 2 of Article XVIII, if two-thirds of the members of each chamber of the state legislature agree, a question as to whether to call a convention or revise the constitution goes on the state's next general election ballot.
Colorado
- See also: Section 1 of Article V and Article XIX of the Colorado Constitution and Laws governing ballot measures in Colorado
| Colorado Constitution |
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| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXIII • XXIV • XXV • XXVI • XXVII • XXVIII • XXIX • Schedule |
The Colorado Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Once on the ballot, a 55 percent supermajority vote is required for the approval of any constitutional amendment put on the ballot by the legislature or by a citizen initiative, except those that only remove language from the constitution, rather than adding language or changing existing language.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Colorado, the number of signatures required for an initiated constitutional amendment is equal to 5% of the votes cast for the Colorado secretary of state in the preceding general election. Colorado has a distribution requirement for initiated amendments. Signatures must be collected from at least 2% of the registered voters who live in each of the 35 state Senate districts. A 55% vote is required for voter approval.
Combined initiated constitutional amendments and state statutes
A combined initiated constitutional amendment and state statute is a citizen-initiated ballot measure that amends both a state's constitution and state statute. There are at least two (2) states that allow citizens to initiate combined amendments and statutes.
In Colorado, the number of signatures required for a combined initiated constitutional amendment and state statute is equal to 5% of the votes cast for the Colorado secretary of state in the preceding general election. Colorado has a distribution requirement for initiated amendments. Signatures must be collected from at least 2% of the registered voters who live in each of the 35 state Senate districts. A 55% vote is required for voter approval.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the Colorado State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 44 votes in the Colorado House of Representatives and 24 votes in the Colorado State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XIX of the Colorado Constitution, the state Legislature can refer a state constitutional convention question to the ballot. A two-thirds (66.67%) vote of legislators in each chamber is required.
Connecticut
- See also: Article XII and Article XIII of the Connecticut Constitution and Laws governing ballot measures in Connecticut
The Connecticut Constitution provides two mechanisms for amending the state's constitution—a legislative process, and a state constitutional convention. Connecticut requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. Connecticut does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
In Connecticut, a constitutional amendment can be referred to the ballot after one legislative session or two legislative sessions depending on the vote count.
When an amendment receives a 75% vote in both legislative chambers, the amendment goes on the ballot. That amounts to a minimum of 114 votes in the Connecticut House of Representatives and 27 votes in the Connecticut State Senate, assuming no vacancies.
When an amendment receives a simple majority vote in both legislative chambers, the amendment must pass during two successive legislative sessions to go on the ballot. That amounts to a minimum of 76 votes in the Connecticut House of Representatives and 19 votes in the Connecticut State Senate, assuming no vacancies.
Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XIII of the Connecticut Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1978. Connecticut is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next automatic constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Connecticut | 20 years | 2008 | 2028 |
The Legislature can also refer a constitutional convention question to the ballot. A two-thirds vote is required in each legislative chamber to refer a convention question to the ballot.
Proposals adopted at a state constitutional convention require voter approval.
Delaware
- See also: Article XVI of the Delaware Constitution and Laws governing ballot measures in Delaware
Article XVI of the Delaware Constitution defines two mechanisms by which the Delaware Constitution can be amended—a legislative process, and a state constitutional convention. Delaware does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
The Delaware General Assembly can amend the constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
- Two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment.
- The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
- The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
Convention
The state's constitution can also be amended through a constitutional convention.
- By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can go on a statewide ballot. If a simple majority of those voting on the question vote "yes," then there will be a convention.
Florida
The Florida Constitution provides five mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that have the power to refer amendments. Florida requires 60% supermajority vote for voters to approve constitutional amendments.
Article XI of the Florida Constitution provides for amendments to the constitution.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last presidential election. Proponents must obtain signatures equaling at least 8% of the district-wide vote in the most recent presidential election in at least half (14) of the state's 27 congressional districts. A 60% vote is required for voter approval. In 2006, voters passed an amendment for the 60% vote requirement.
Legislature
A 60% vote is required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. Amendments on the ballot must be approved by 60% of voters to pass.
Convention
According to Section 4 of Article XI of the Florida Constitution, a constitutional convention can be called through an initiative petition. Proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election.
Commission-referred constitutional amendments
- See also: Commission-referred ballot measure
According to Article XI of the Florida Constitution, the Florida Constitution Revision Commission can refer constitutional amendments to the ballot. The Constitution Revision Commission convenes every 20 years, beginning in 1977. The Florida Taxation and Budget Reform Commission is also empowered to refer constitutional amendments related to taxation and the state budget to the ballot. The Taxation and Budget Reform Commission convenes every 20 years beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.
Georgia
The Georgia Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Georgia requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the Georgia State Legislature to place an amendment on the ballot. That amounts to a minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
Georgia: According to Paragraph IV of Article X of the Georgia Constitution, a constitutional convention can occur in Georgia if a two-thirds majority of the members of both houses of the Georgia General Assembly agree to hold it. That agreement does not need to be put to a vote of the people.[4]
Hawaii
The Hawaii Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Hawaii requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds (66.67%) vote vote is required during one legislative session or a simple majority vote in two successive legislative sessions for the Hawaii State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 35 votes in the Hawaii House of Representatives and 17 votes in the Hawaii State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XVII of the Hawaii Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot after a period of nine years. Hawaii is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Hawaii | 10 years | 2018 | 2028 |
Idaho
Article XX of the Idaho Constitution establishes two ways in which the constitution can be amended, either via legislatively referred constitutional amendments or constitutional conventions. Idaho does not feature the power of citizen initiative for initiated constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the Idaho State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 47 votes in the Idaho House of Representatives and 24 votes in the Idaho State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XX of the Idaho Constitution, a constitutional convention can be called if two-thirds of the members of each house of the Idaho State Legislature vote to place before the people a question as to whether the people want to call a convention. If a majority of all the voters voting at the election vote for a convention, the legislature must arrange to have a convention.
Illinois
The Illinois Constitution provides four mechanisms for amending the state constitution—a constitutional convention, a legislative process, and a citizen-initiated process.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Illinois, the number of signatures required for an initiated constitutional amendment is equal to 8% of votes cast for governor in the previous gubernatorial election. Initiated measures in Illinois may only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. All amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Legislature
According to Article XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Illinois General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1918. Illinois is one of 14 states that provides for an automatic constitutional convention question. A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in the affirmative. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Illinois | 20 years | 2008 | 2028 |
Indiana
The Indiana Constitution provides for a legislative process to amend the constitution.
Legislature
A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Iowa
The Iowa Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Iowa requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A simple majority vote is required during two successive legislative sessions with an election for state legislators in between for the Iowa State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Iowa House of Representatives and 26 votes in the Iowa State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article X of the Iowa Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Iowa is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Iowa | 10 years | 2020 | 2030 |
Kansas
| Kansas Constitution |
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| Ordinance • Preamble • Bill of Rights 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 |
Article 14 of the Kansas Constitution governs the ways in which the state's constitution can be changed over time.
- One path is the legislatively referred constitutional amendment. Either house of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected or on a special election ballot if the legislature agrees to have a special election for this purpose.
- If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.
- The legislature must say what the measure's ballot title will be in their resolution authorizing it.
- If there is more than one proposed amendment, voters must be able to vote on them separately.
- At most, five amendments can be proposed for one election.
- An amendment is allowed to revise one entire article of the constitution "except the article on general provisions."
- Another path to amend the state constitution is through a constitutional convention. If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot.
- If a simple majority of those voting on that question say "yes," a convention is held.
- Any amendments or revisions that come out of the convention must go before the state's voters.
Kansas does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.
Kentucky
The Kentucky Constitution provides two mechanisms for amending the state constitution—a legislative process and a state constitutional convention. Kentucky does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
A 60% vote is required during one legislative session for the Kentucky State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in the Kentucky House of Representatives and 23 votes in the Kentucky Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. The Legislature cannot add more than four constitutional amendments to one election ballot.
Convention
According to the Kentucky Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required during two successive legislative sessions of the Legislature to place a constitutional convention question on the ballot. Turnout for those voting 'yes' at the election must be equal to at least 25% of the qualified electors who voted at the last general election.
Louisiana
The Louisiana Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Louisiana requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
According to Article XII, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A two-thirds (66.67%) vote is required during one session of the Louisiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 70 votes in the Louisiana House of Representatives and 26 votes in the Louisiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. Amendments can be referred to the ballot in odd-numbered years and even-numbered years in Louisiana.
Convention
According to Article XII, the state legislature can provide for the calling of a constitutional convention by law enacted by two-thirds of the members of each chamber of the legislature.
Maine
The Maine Constitution may be amended in two ways—through the legislative process, or a state constitutional convention. Maine residents cannot put a constitutional amendment on the ballot through the power of initiative. Maine does feature the power of initiative for initiated state statutes.
Legislature
A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 15 of Part III of Article IV, the legislature can, by a two-thirds concurrent vote of both branches, call a constitutional convention. Maine has never called such a convention; however, two "constitutional commissions" were impaneled, one in 1876 and one in 1962, but neither led to significant changes.
Maryland
Article XIV of the Maryland Constitution defines two ways to amend the state constitution—through a legislative process and a state constitutional convention.
Legislature
A 60% vote is required during one legislative session for the Maryland State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XIV of the Maryland Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1970. Maryland is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Maryland | 20 years | 2010 | 2030 |
Massachusetts
The process of amending the Massachusetts Constitution is governed by Article XLVIII, Amendments to the Massachusetts Constitution, which is itself the 48th amendment to the state's constitution.
Article 48 allows the constitution to be amended through indirect initiative amendments. It imposes a number of restrictions on such proposed amendments:
- Petitions that relate to "religion, religious practices or religious institutions" are prohibited.
- Petitions that relate to the "appointment, qualification, tenure, removal, recall or compensation of judges" are prohibited.
- Petitions that would reverse judicial decisions are prohibited.
- Petitions relating to the "powers, creation or abolition of courts" are prohibited.
- Petitions that apply only to "a particular town, city or other political division or to particular districts or localities of the commonwealth" are prohibited.
- Petitions that would make "a specific appropriation of money from the treasury of the commonwealth" are prohibited.
- Any petition relating to Amendment 18 is prohibited through citizen initiative; however, Amendment 18 was altered through other paths.
- Petitions "inconsistent with" a list of "rights of the individual" are prohibited; those rights include:
- "The right to receive compensation for private property appropriated to public use."
- "The right of access to and protection in courts of justice."
- "The right of trial by jury."
- "Protection from unreasonable search unreasonable bail and the law martial."
- "Freedom of the press."
- "Freedom of elections."
- "The right of peaceable assembly."
- The sections of the constitution that prohibit various matters from being taken up by citizen initiative are also, themselves, prohibited from change through the process.
- Petitions that are "substantially the same as any measure which has been qualified for submission or submitted to the people at either of the two preceding biennial state elections" are prohibited.
The state's general court plays a significant role in the process for an initiated constitutional amendment in Massachusetts:
- The Massachusetts General Court is allowed to refer an alternative substitute measure to the ballot to compete with the proposed citizen initiative.
- The state legislature is allowed to amend the text of an initiated constitutional amendment through a three-fourths vote in joint session.
- In two successive legislative sessions, 25 percent of the members of the Massachusetts General Court must support the proposed amendment in order for it to go on the ballot. There are 200 legislators altogether—40 in the Massachusetts State Senate and 160 in the Massachusetts House of Representatives—so a proposed amendment must earn 50 positive votes. The proposed amendment does not need to earn a 25 percent vote from both chambers, but, rather, from a joint session. This means, for example, that if 50 members of the state house voted in favor of an amendment, it would require no support from any state senator to qualify for the ballot.
The Massachusetts General Court may also legislatively refer constitutional amendments. This procedure is defined in Section 1 to 3 of Article LXXXI of the Massachusetts Constitution. According to that section:
- Amendments may be proposed by either house of the Massachusetts General Court.
- Consideration of the amendment in a joint session may be called for by a vote of either house no later than the second Wednesday in May.
- Proposed amendments must receive majority approval (50% + 1) two successive joint legislative sessions to be placed on the ballot.
- If any such proposed amendment is approved by a simple majority of voters and by at least 30 percent of people voting in that election, the amendment is adopted.
The Massachusetts Constitution can also be changed through a constitutional convention and subsequent ratification from the voters.
There have been four constitutional conventions in Massachusetts:
- From 1779–80. This led to the adoption of the Massachusetts Constitution, which is the oldest state constitution continuously in effect.
- From 1820–21. This convention yielded the Articles of Amendment, 1-9.
- 1853. This convention led to a proposal for an entirely new constitution and seven proposed amendments. They were submitted to a vote of the people, and they all lost.
- 1917–19. This constitution proposed 22 amendments and a revised draft of the existing constitution. Voters approved all these proposals.
Michigan
The Michigan Constitution can be amended in three different ways—a citizen-initiated process, a legislative process, and a state constitutional convention.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Michigan, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Legislature
A two-thirds vote is required during one legislative session for the Michigan State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 16 years starting in 1978. Michigan is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Michigan | 16 years | 2010 | 2026 |
Minnesota
The Minnesota Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Ratification of amendments proposed by a convention require a 60% supermajority of those voting on the amendment question, while an amendment proposed by the legislature requires a simple majority (50%+1) of those voting in the election.[5]
Legislature
A simple majority vote is required during one legislative session for the Minnesota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 68 votes in the Minnesota House of Representatives and 34 votes in the Minnesota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Ratifying an amendment requires a 'Yes' vote from a simple majority of all voters casting a ballot in the election, rather than a simple majority of those voting on the question.
Convention
According to Section 3 of Article IX of the Minnesota Constitution, a two-thirds (66.67%) vote in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a 60% vote of the electorate to be ratified.
Mississippi
Note on Mississippi:
Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001.[6]
| Mississippi Constitution |
|---|
|
| Preamble |
| Articles |
| 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 |
The Mississippi Constitution provides two mechanisms for amending the state's constitution—a citizen-initiated process and a legislative process. Mississippi requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An indirect initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. There are two states – Massachusetts and Mississippi – that allow citizens to initiate indirect constitutional amendments.
While a direct initiated constitutional amendment is placed on the ballot once supporters file the required number of valid signatures, an indirect initiated constitutional amendment is first presented to the state legislature, which has various options depending on the state.
In Mississippi, the number of signatures required for an initiated constitutional amendment is equal to at least 12% of the total number of votes cast for governor in the last gubernatorial general election immediately preceding the signature deadline—not necessarily the gubernatorial election immediately preceding the targeted election date. A simple majority vote is required for voter approval.
Beginning with the day the sponsor receives the ballot title and summary, proponents have one year to circulate petitions and receive certification from the county circuit clerks. Signatures must be submitted to the secretary of state at least 90 days prior to the beginning of the regular session—which begins in the first week of January.
Once it is determined that proponents of a measure have collected enough signatures, the measure is filed with the Mississippi State Legislature on the first day of the legislative session. The legislature must act on the measure within four months of that date. The legislature may choose to adopt the measure by a majority vote in each house. Whether the legislature adopts or rejects the measure, the proposed amendment proceeds to the ballot. The legislature may also choose to approve an amended alternate version of the measure. In this case, both measures appear on the ballot together.
An initiative must receive a majority of the total votes cast for that particular initiative and must also receive more than 40% of the total votes cast in that election.
Note on Mississippi:
Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001.[7]
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the Mississippi State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 77 votes in the Mississippi House of Representatives and 35 votes in the Mississippi State Senate, assuming no vacancies. The absolute number of those voting in favor must be equal to at least a majority of the members elected to each house. Amendments do not require the governor's signature to be referred to the ballot.
Missouri
The Missouri Constitution can be amended via three different paths—a citizen-initiated process, a legislative process, and a state constitutional convention.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Missouri, the number of signatures required for an initiated constitutional amendment is based on the number of votes cast for governor in the state's most recent gubernatorial election. In two-thirds of Missouri's congressional districts, proponents must collect signatures equal to 8% of the gubernatorial vote for initiated constitutional amendments. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3a of Article XII of the Missouri Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1942. Missouri is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Missouri | 20 years | 2022 | 2042 |
Montana
| Montana Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • Schedule |
The Montana Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Montana requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Montana, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. Montana also has a distribution requirement that requires proponents to collect signatures equal to 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. A simple majority vote is required for voter approval.
Legislature
A two-thirds (66.67%) vote is required of all members of the legislature during one legislative session for the Montana State Legislature to place a constitutional amendment on the ballot. Since Montana has 150 legislators (100 Representatives and 50 Senators), at least 100 members must vote in favor of a constitutional amendment for it to pass. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Montana | 20 years | 2010 | 2030 |
The Montana State Legislature is also authorized to submit a constitutional convention question to voters via a two-thirds (66.67%) vote of both chambers. Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts. Any amendments proposed by a convention must be ratified by the voters.
Nebraska
| Nebraska Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII |
Nebraska offers three different paths to amending its constitution:
- The legislature can propose legislatively referred constitutional amendments, which are defined in Section 1 of Article XVI.
- Sixty percent of the members of the state legislature must vote for the proposed amendment.
- The legislature can call a special statewide election to present the proposed amendment to the voters if 80 percent of the members of the state legislature vote for any such special election.
- If no special election is called, the proposed amendment must go on the next general election ballot that includes elections for members of the state legislature.
- The amendment becomes part of the constitution if a majority of those voting on the measure vote for it and if it wins favorable votes from at least 35 percent of those voting in the election for any office.
- A constitutional convention can be held to "revise, amend, or change" the constitution if 60 percent of Nebraska's legislators agree to put a question about whether to have such a convention before the state's voters.
- A convention is held if the question wins by a majority vote as long as those voting in favor equal at least 35 percent of those voting in the election.
- Voters must ratify amendments or revisions proposed by the convention.
- An initiated constitutional amendment can be used by the state's citizens to propose constitutional amendments.
- The rules for this are set out in Sections 2 and 4 of Article III.
- The number of signatures required to qualify an amendment for the ballot is 10 percent of the state's registered voters.
Nevada
The Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively referred constitutional amendment or an initiated constitutional amendment.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total number of votes cast in the preceding general election. A simple majority vote in two consecutive elections is required for voter approval.
Legislature
A simple majority vote is required during two successive legislative sessions for the Nevada State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 22 votes in the Nevada State Assembly and 11 votes in the Nevada State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article 16 of the Nevada Constitution, a two-thirds vote of the Nevada State Legislature is required to refer a constitutional convention question to the ballot. A simple majority vote of the electorate is required to call a convention.
New Hampshire
There are two paths to altering the New Hampshire Constitution: A legislatively referred constitutional amendment or a constitutional convention.
Legislature
A 60% vote is required during one legislative session for the New Hampshire State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 240 votes in the New Hampshire House of Representatives and 15 votes in the New Hampshire State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In New Hampshire, an amendment needs to receive support from two-thirds (66.67%) of the votes cast on the measure.
Convention
According to the New Hampshire Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1972. New Hampshire is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| New Hampshire | 10 years | 2022 | 2032 |
New Jersey
The New Jersey Constitution provides for a legislative process to amend the state constitution.
Legislature
The New Jersey Constitution provides two legislative methods for referring a constitutional amendment to the ballot. First, the legislature can refer an amendment to the ballot through a 60% vote of both chambers during one legislative session. That amounts to a minimum of 48 votes in the New Jersey General Assembly and 24 votes in the New Jersey State Senate, assuming no vacancies. Second, the legislature can refer an amendment through a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions. That amounts to a minimum of 41 votes in the New Jersey General Assembly and 21 votes in the New Jersey State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
New Mexico
The New Mexico Constitution provides two mechanisms for amending the state's constitution—a legislative process and a state constitutional convention.
Legislature
A simple majority vote is required during one legislative session for the New Mexico State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the New Mexico House of Representatives and 22 votes in the New Mexico State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
A two-thirds (66.67%) vote is required during one legislative session of the state legislature to place a constitutional convention question on the ballot. A convention is held if the question receives a simple majority of the vote. Voters must also ratify amendments proposed by the convention.
New York
| New York Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX |
The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions.
Legislature
A simple majority vote is required during two successive legislative sessions for the New York State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 126 votes in the New York State Assembly and 32 votes in the New York State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XIX of the New York Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1957. New York is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| New York | 20 years | 2017 | 2037 |
North Carolina
The North Carolina Constitution provides two mechanisms for amending the state's constitution—a legislative process and a state constitutional convention. North Carolina requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A 60% vote is required during one legislative session for the North Carolina General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in the North Carolina House of Representatives and 30 votes in the North Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XIII of the North Carolina Constitution, a two-thirds (66.67%) vote vote of both chambers of state Legislature is required to place a constitutional convention question on the ballot. A simple majority vote is required for voters to approve the question. Any amendments proposed by a constitutional convention also require voter approval.
North Dakota
The North Dakota Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Ohio requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In North Dakota, the number of signatures required for an initiated constitutional amendment is equal to 4% of the state's population reported by the last decennial census. Each initiative has its own unique deadline of one year after it was approved to circulate. The completed petition must be submitted at least 120 days prior to the election.
Legislature
A simple majority vote is required during one legislative session for the North Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 48 votes in the North Dakota House of Representatives and 24 votes in the North Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 1 of Article III of the North Dakota Constitution, the state's initiative petition process is used to call a constitutional convention.
Ohio
The Ohio Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Ohio requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
According to Section 1a of Article II, citizens have the power to initiate constitutional amendments in Ohio. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.
Legislature
According to Article XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article XVI of the Ohio Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1932. Ohio is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next automatic constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Ohio | 20 years | 2012 | 2032 |
Oklahoma
- See also: Section 1, Article V, and Article XXIV of the Oklahoma Constitution and Laws governing ballot measures in Oklahoma
The Oklahoma Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Oklahoma requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Oklahoma, the number of signatures required for an initiated constitutional amendment is equal to 15% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the Oklahoma State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Oklahoma House of Representatives and 24 votes in the Oklahoma State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XXIV of the Oklahoma Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years. Oklahoma is one of 14 states that provides for an automatic constitutional convention question. However, the last time Oklahomans voted on such a question was in 1970.[8] According to the State Constitutional Convention Clearinghouse, "Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part of the Constitution but none has passed."[9]
Oregon
- See also: Section 1, Article IV, and Article XII of the Oregon Constitution and Laws governing ballot measures in Oregon
The Oregon Constitution lays out four different paths, in two different articles, for how to go about changing the state's constitution.
- The constitutional revision process is established in Section 2 of Article XVII.
- Section 1, Article IV, says that the people of the state can use an initiated constitutional amendment to put an amendment before voters.
- An initiated amendment must be proposed "by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition."
- The petition must include the full text of the proposed amendment.
- The signatures must be filed "not less than four months before the election at which the proposed...amendment to the Constitution is to be voted upon."
- Article IV contains several restrictions on the initiative process such as Section 1b, which prohibits pay-per-signature.
- Section 1 of Article XVIII creates the procedures by which the Oregon State Legislature can use a legislatively referred constitutional amendment to put an amendment before voters.
- Amendments can be proposed in either house of the state legislature.
- To earn a spot on the ballot, a "majority of all the members elected to each of the two houses" must vote in favor of a proposed amendment.
- The Legislature can put any such referred amendments on a special election ballot.
- If more than one amendment is proposed by the legislature, they must be voted on separately.
- Section 1 of Article XVIII also states that a constitutional convention can only be held if "the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election."
- The constitution does not define how such a referendum is to be put before voters.
- Possible ways might include a citizen-initiated question or a vote of the legislature.
Pennsylvania
The Pennsylvania Constitution provides for one mechanism for amending the state's constitution—a legislative process. However, the state constitution does not mention a constitutional convention process, and the legislature has called constitutional conventions in the past. Pennsylvania requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
In Pennsylvania, citizens do not have the power to initiate ballot measures at the state level.
Legislature
According to Article XI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote is required during two successive legislative sessions for the Pennsylvania State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 102 votes in the Pennsylvania House of Representatives and 26 votes in the Pennsylvania State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
When the Legislature finds that a "major emergency threatens or is about to threaten the Commonwealth," a constitutional amendment can be referred to the ballot with a two-thirds vote during one legislative session.
Rhode Island
There are two paths by which the Rhode Island Constitution can be changed: the legislatively referred constitutional amendment and the constitutional convention. Rhode Island residents do not have the power of initiated constitutional amendments.
Legislature
A simple majority vote is required during one legislative session for the Rhode Island State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 20 votes in the Rhode Island House of Representatives and 38 votes in the Rhode Island State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to section 2 of Article XIV of the Rhode Island Constitution, a simple majority vote in one legislative session is required for the state legislature to place a constitutional convention question on the ballot. A simple majority vote of the electorate is required to call the convention. The state constitution also requires that a state constitutional convention question is provided to voters at least 10 years after the prior question. Rhode Island is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Rhode Island | 10 years | 2014 | 2024 |
South Carolina
The South Carolina Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. South Carolina requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the South Carolina State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the South Carolina House of Representatives and 30 votes in the South Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In South Carolina, the Legislature needs to approve a constitutional amendment for a second time after voters approve the amendment. This second vote requires a simple majority in the House and Senate.
Convention
According to Section 3 of Article XVI of the South Carolina Constitution, a constitutional convention can be held if two-thirds of the members of both houses of the South Carolina State Legislature vote to put the question on the ballot.
South Dakota
Amendments to the South Dakota Constitution may be proposed in three different ways—through a citizen-initiated process, a legislative process, or a state constitutional convention.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In South Dakota, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article 23 of the South Dakota Constitution, the South Dakota State Legislature can call a state constitutional convention through a 75% vote in each legislative chamber. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment.
Tennessee
The Tennessee Constitution can be amended in two ways—through the legislative process, or a state constitutional convention.
Legislature
In Tennessee, the state Legislature must pass a constitutional amending during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. Amendments do not require the governor's signature to be referred to the ballot. In Tennessee, amendments must be placed on general election ballots in which there is also a gubernatorial election.
The required legislative votes per session, assuming no vacancies, are listed below:
| Requirements to refer constitutional amendments in Tennessee | ||||||
|---|---|---|---|---|---|---|
| Session | Requirement | Senate | House | |||
| First | Simple majority vote | 17 | 50 | |||
| Second | Two-thirds vote | 22 | 66 | |||
Convention
According to Section 3 of Article XI of the Tennessee Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.
Texas
The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
According to Article 17, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Utah
[The Utah Constitution provides two mechanisms for amending the state's constitution— a legislative process, and a state constitutional convention. Utah requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
According to Article XXIII, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A two-thirds majority vote in both the legislative chambers vote is required during one legislative session for the Utah State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 50 votes in the Utah House of Representatives and 20 votes in the Utah State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XXIII, a ballot question about whether to hold a convention can go on the ballot if two-thirds of the members of the Utah State Legislature vote to put it on the ballot.
Vermont
Section 72 of the Vermont Constitution lays out the procedure governing changes to the Vermont Constitution. Vermont does not feature the power of initiative for either initiated state statutes or initiated constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required in the Vermont State Senate and a simple majority vote is required in the Vermont House of Representatives in the first legislative session. A simple majority vote is required in both chambers in the second legislative session to place a constitutional amendment on the ballot. That amounts to a minimum of 20 votes in the Vermont State Senate and 76 votes in the Vermont House of Representatives in the first session and 16 votes in the state senate and 76 votes in the state house in the second session, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
The Vermont Constitution, like that of several other states, does not provide for constitutional conventions. Perhaps as a result, Vermont's current constitution is one of the oldest in the country, having been adopted in 1793. The Massachusetts Constitution is the only older constitution.
Although there are no provisions in the state's constitution governing the calling of a constitutional convention, in 1969, the Vermont State Legislature referred an advisory measure to the ballot which asked "Shall a Vermont Constitutional Convention be convened at the state house in Montpelier on October 6, 1969 to consider the following topics which shall receive a majority of the votes cast upon it in this election, and no others?" The question was rejected by the voters.
Virginia
The Virginia Constitution can be amended through two different paths—a legislative process, and a constitutional convention. Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
A simple majority vote is required during two successive legislative sessions for the Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
Amendments to or revisions of the state's constitution can be proposed by a constitutional convention as established in Section 2 of Article XII. A convention can happen if the state's legislature "by a vote of two-thirds of the members elected to each house" calls a convention.
Washington
The Washington Constitution provides two mechanisms for amending the state's constitution— a legislative process, and a state constitutional convention. Washington requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
According to Article XXIII, the state Legislature can refer constitutional amendments to the ballot for voters to decide. In Washington, a referred constitutional amendment requires a two-thirds (66.67%) vote in each chamber of the Washington State Legislature during one legislative session. That amounts to a minimum of 66 votes in the Washington House of Representatives and 33 votes in the Washington State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Article XXIII of the Washington State Constitution, a two-thirds (66.67%) vote is required during one legislative session for the Washington State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approve the question, then the legislature needs to call for a convention during its next session.
West Virginia
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. West Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 1 of Article XIV of the West Virginia Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.
Wisconsin
Article XII of the Wisconsin Constitution provides two methods of amendment:
- A legislatively referred constitutional amendment may be proposed to the voters if approved by a simple majority of both chambers of the Wisconsin State Legislature in two legislative sessions.
- If an amendment is approved by a majority in both chambers of the Legislature in one session, that proposed amendment must then be considered by the state legislature chosen at the next general election in the state.
- Before that second legislative session, the proposed amendment that will be considered must be published for three months prior to the election.
- Should the amendment be approved by a simple majority of the second session that considers it, the proposed amendment is then placed on a statewide ballot at a special or general election.
- If it is approved by a simple majority of the state's electorate, it becomes part of the constitution.
- Constitutional conventions can also be used to propose amendments to the state's constitution.
- If a simple majority of both houses of the Wisconsin State Legislature votes in favor, a constitutional convention question is placed on a statewide ballot.
- If the electors of the state agree by a simple majority to call a constitutional convention, then the legislature needs to convene a convention during its next session.
Wisconsin citizens do not have the power of amending the constitution through initiated constitutional amendments.
Wyoming
The Wyoming Constitution provides two mechanisms for amending the state's constitution—a legislative process and a state constitutional convention. Wyoming requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds vote is required during one legislative session for the Wyoming State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 42 votes in the Wyoming House of Representatives and 21 votes in the Wyoming State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article 20 of the Wyoming Constitution, a two-thirds (66.67%) vote is required during one legislative session for the Wyoming State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approve the question, then the legislature needs to call for a convention during its next session.
Other types of ballot measures
Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. The following is a list of different types of state ballot measures:
See also
- Laws governing ballot measures
- States with initiative or referendum
- States without initiative or referendum
- States with initiated statutes only
- States with veto referendum only
- States that allow initiated constitutional amendments
- List of ballot measures by state
- State constitution
- Rules about constitutional conventions in state constitutions
- Constitutional amendments from 2006 through 2014
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External links
Footnotes
- ↑ This number includes Pennsylvania's Marsy's Law Amendment, which was on the ballot and approved in 2019, but election results were blocked from being certified pending a court ruling on the constitutionality of the measure.
- ↑ Mississippi Supreme Court, "In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler V Michael Watson, in His Official Capacity as Secretary of State for the State of Mississippi," May 14, 2021
- ↑ On May 14, 2021, the Mississippi Supreme Court issued a 6-3 decision stating that it is impossible for any petition to meet the state's distribution requirement and has been impossible since congressional reapportionment in 2001. The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."
- ↑ Georgia constitutional convention provisions
- ↑ The Pink Ballot Statute, 204D.15
- ↑ Mississippi Supreme Court, "In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler V Michael Watson, in His Official Capacity as Secretary of State for the State of Mississippi," May 14, 2021
- ↑ Mississippi Supreme Court, "In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler V Michael Watson, in His Official Capacity as Secretary of State for the State of Mississippi," May 14, 2021
- ↑ Sooner Politics, "An Oklahoma Constitutional Convention Is Being Drawn Up", July 2, 2015
- ↑ State Constitutional Convention Clearinghouse, "Periodic Constitutional Convention Comparative Information"; retrieved January 4, 2016
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