Amending state constitutions
Every state butDelaware requires voters to ratify proposed stateconstitutional amendments—changes to astate's constitution. From 2006 through 2024, a total of 1,244 constitutional amendments were proposed and put before voters. Of this total, voters approved 891 proposed changes to state constitutions.
There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states:
- Throughlegislatively referred constitutional amendments.
- Throughinitiated 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 asIllinois andMississippi, are difficult and rarely used.
- Throughconstitutional conventions. In some states,automatic ballot referrals allow voters to decide at regular intervals whether to hold a convention.
- In Florida, there is acommission-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
Eighteen states have a process for initiated constitutional amendments.
These states areArizona,Arkansas,California,Colorado,Florida,Illinois,Massachusetts,Michigan,Mississippi[1],Missouri,Montana,Nebraska,Nevada,North Dakota,Ohio,Oklahoma,Oregon andSouth Dakota.
Note on Mississippi:
Mississippi has an initiated constitutional amendment process, including asignature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to theMississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001. As a result, the process remains part of the state constitution but cannot be carried out in practice.[2]
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, aballot 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, thestate 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, theFlorida Taxation and Budget Reform Commission, that has the authority to propose amendments to theFlorida Constitution. This group convenes once every 20 years. Florida also has aConstitution Revision commission that convenes every 20 years. The first CRC meeting was held in 1977.
- With the passage ofAmendment 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 invalidateSection 7.5 of Article I of theCalifornia Constitution.
- Colorado Clean Government, Amendment 54 (2008). TheColorado Supreme Court agreed with a lower state court that this amendment to theColorado Constitution, approved by voters in 2008, was unconstitutional according to other parts of theColorado Constitution.
- Michigan Proposal 2, Affirmative Action Initiative (2006). In July 2011, theUnited States Court of Appeals for the 6th Circuit declared Michigan'sProposal 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 theMichigan Constitution.
Procedures by state
Alabama
TheAlabama 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 from both chambers of theAlabama State Legislature during one legislative session to place a constitutional amendment on the ballot. That amounts to a minimum of 63 votes in theAlabama House of Representatives and 21 votes in theAlabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to theAlabama 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 acitizen initiative to amend the state's constitution. Thepower of initiative in Alaska is restricted to proposing state statutes.
Legislature
A two-thirds vote in each legislative chamber of theAlaska State Legislature during one legislative session to refer a constitutional amendment to the ballot. That amounts to a minimum of 27 votes in theAlaska House of Representatives and 14 votes in theAlaska State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3 of Article 13 of theAlaska Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 theArizona 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. Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Arizona, thenumber 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 toArticle 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 theArizona State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in theArizona House of Representatives and 16 votes in theArizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article XXI of theArizona 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
TheArkansas 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Arkansas, thenumber 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 theArkansas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in theArkansas House of Representatives and 18 votes in theArkansas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
California
- See also:Article II andArticle XVIII of theCalifornia Constitution andLaws governing ballot measures in California
TheCalifornia Constitution can be amended in these ways:
- Through the process of alegislatively referred constitutional amendment. This procedure is defined inSection 1 of Article XVIII of theCalifornia Constitution. According to that section:
- Two-thirds of the membership of each chamber of theCalifornia 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 on the fifth day after the secretary of state files the statement of the vote for the election.
- Through the process of aninitiated constitutional amendment, according toSection 3 of Article XVIII andSection 8 of Article II.
- Petitioners can collectsignatures equaling eight percent of the most recent total number of votes cast for the office ofgovernor to qualify a proposed amendment for the ballot.
- SeeBallotpedia's page on laws governing the initiative process in California for full details on the process and requirements of aninitiated constitutional amendment in California.
- Through the process of aconstitutional convention. According toSection 2 of Article XVIII, if two-thirds of the members of each chamber of thestate 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 andArticle XIX of theColorado Constitution andLaws governing ballot measures in Colorado
| Colorado Constitution |
|---|
 |
| Preamble |
| Articles |
| 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 |
TheColorado 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, a55 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Colorado, thenumber 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 adistribution 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
Acombined initiated constitutional amendment and state statute is acitizen-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, thenumber 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 adistribution 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
Atwo-thirds (66.67%) vote is required during one legislative session for theColorado State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 44 votes in theColorado House of Representatives and 24 votes in theColorado State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XIX of theColorado Constitution, thestate Legislature can refer a state constitutional convention question to the ballot. Atwo-thirds (66.67%) vote of legislators in each chamber is required.
Connecticut
- See also:Article XII andArticle XIII of theConnecticut Constitution andLaws governing ballot measures in Connecticut
TheConnecticut 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 ofinitiative for eitherinitiated constitutional amendments orinitiated 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 theConnecticut House of Representatives and 27 votes in theConnecticut 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 theConnecticut House of Representatives and 19 votes in theConnecticut State Senate, assuming no vacancies.
Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XIII of theConnecticut Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 |
TheLegislature 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 theDelaware Constitution andLaws 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 ofcitizen initiative for eitherinitiated constitutional amendments orinitiated state statutes.
Legislature
TheDelaware 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.
- TheDelaware 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 aconstitutional 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
TheFlorida 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Florida, thenumber 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 anamendment for the 60% vote requirement.
Legislature
A 60% vote is required during one legislative session for theFlorida State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in theFlorida House of Representatives and 24 votes in theFlorida 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 toSection 4 of Article XI of theFlorida 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 toArticle XI of theFlorida Constitution, theFlorida Constitution Revision Commission can refer constitutional amendments to the ballot. The Constitution Revision Commission convenes every 20 years, beginning in 1977. TheFlorida 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
TheGeorgia 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
Atwo-thirds (66.67%) vote is required during one legislative session for theGeorgia State Legislature to place an amendment on the ballot. That amounts to a minimum of 120 votes in theGeorgia House of Representatives and 38 votes in theGeorgia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
Georgia: According toParagraph IV of Article X of theGeorgia Constitution, a constitutional convention can occur in Georgia if a two-thirds majority of the members of both houses of theGeorgia General Assembly agree to hold it. That agreement does not need to be put to a vote of the people.[3]
Hawaii
TheHawaii 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
Atwo-thirds (66.67%) vote is required during one legislative session or a simple majority vote in two successive legislative sessions for theHawaii State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 35 votes in theHawaii House of Representatives and 17 votes in theHawaii State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article XVII of theHawaii Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 theIdaho Constitution establishes two ways in which the constitution can be amended, either vialegislatively referred constitutional amendments orconstitutional conventions. Idaho does not feature the power ofcitizen initiative forinitiated constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for theIdaho State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 47 votes in theIdaho House of Representatives and 24 votes in theIdaho State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XX of theIdaho Constitution, a constitutional convention can be called if two-thirds of the members of each house of theIdaho 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Illinois, thenumber 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 amendArticle IV of the Illinois Constitution, which addresses the structure of theIllinois 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 toArticle 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 theIllinois General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 71 votes in theIllinois House of Representatives and 36 votes in theIllinois State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XIV of theIllinois Constitution, a question about whether to hold a constitutional convention is toautomatically 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 theIllinois 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 theIndiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in theIndiana House of Representatives and 26 votes in theIndiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Iowa
TheIowa 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 theIowa State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in theIowa House of Representatives and 26 votes in theIowa State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3 of Article X of theIowa Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 |
|---|
 |
| Articles |
| Ordinance •Preamble •Bill of Rights 1 •2 •3 •4 •5 •6 •7 •8 •9 •10 •11 •12 •13 •14 •15 |
Article 14 of theKansas Constitution governs the ways in which the state's constitution can be changed over time.
- One path is thelegislatively referred constitutional amendment. Either house of theKansas 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'sballot 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 aconstitutional 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 ofcitizen initiative for eitherinitiated constitutional amendments orinitiated 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 ofinitiative for eitherinitiated constitutional amendments orinitiated state statutes.
Legislature
A 60% vote is required during one legislative session for theKentucky State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in theKentucky House of Representatives and 23 votes in theKentucky 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 theKentucky Constitution, thestate 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
TheLouisiana 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 toArticle XII, the state Legislature can refer constitutional amendments to the ballot for voters to decide.Atwo-thirds (66.67%) vote is required during one session of theLouisiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 70 votes in theLouisiana House of Representatives and 26 votes in theLouisiana 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 toArticle 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
TheMaine 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 ofinitiative. Maine does feature the power of initiative forinitiated state statutes.
Legislature
A two-thirds majority (66.67%) vote is required during one legislative session for theMaine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in theMaine House of Representatives and 24 votes in theMaine 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 theMaryland 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 theMaryland State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 85 votes in theMaryland House of Delegates and 29 votes in theMaryland State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article XIV of theMaryland Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 theMassachusetts Constitution is governed byArticle 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 throughindirect 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 toAmendment 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.
Thestate's general court plays a significant role in the process for aninitiated constitutional amendment in Massachusetts:
- TheMassachusetts 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 aninitiated constitutional amendment through a three-fourths vote in joint session.
- In two successive legislative sessions, 25 percent of the members of theMassachusetts General Court must support the proposed amendment in order for it to go on the ballot. There are 200 legislators altogether—40 in theMassachusetts State Senate and 160 in theMassachusetts 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.
TheMassachusetts General Court may alsolegislatively refer constitutional amendments. This procedure is defined inSection 1 to 3 of Article LXXXI of theMassachusetts Constitution. According to that section:
- Amendments may be proposed by either house of theMassachusetts 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 aconstitutional convention and subsequent ratification from the voters.
There have been fourconstitutional conventions in Massachusetts:
- From 1779–80. This led to the adoption of theMassachusetts Constitution, which is the oldest state constitution continuously in effect.
- From 1820–21. This convention yielded theArticles 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
TheMichigan 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Michigan, thenumber 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 theMichigan State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 74 votes in theMichigan House of Representatives and 26 votes in theMichigan State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3 of Article XII of theMichigan Constitution, a question about whether to hold a state constitutional convention is toautomatically 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
TheMinnesota 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 thosevoting on the amendment question, while an amendment proposed by the legislature requires a simple majority (50%+1) of thosevoting in the election.[4]
Legislature
A simple majority vote is required during one legislative session for theMinnesota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 68 votes in theMinnesota House of Representatives and 34 votes in theMinnesota 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 toSection 3 of Article IX of theMinnesota Constitution, atwo-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 asignature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to theMississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001. As a result, the process remains part of the state constitution but cannot be carried out in practice.[5]
| Mississippi Constitution |
|---|
 |
| Preamble |
| Articles |
| 1 •2 •3 •4 •5 •6 •7 •8 •9 •10 •11 •12 •13 •14 •15 |
TheMississippi 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
Anindirect initiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. There are two states –Massachusetts andMississippi – that allow citizens to initiate indirect constitutional amendments.
While a directinitiated 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, thenumber 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 theMississippi 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 asignature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to theMississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001. As a result, the process remains part of the state constitution but cannot be carried out in practice.[6]
Legislature
Atwo-thirds (66.67%) vote is required during one legislative session for theMississippi State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 77 votes in theMississippi House of Representatives and 35 votes in theMississippi 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
TheMissouri 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Missouri, thenumber 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 theMissouri General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in theMissouri House of Representatives and 18 votes in theMissouri State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3a of Article XII of theMissouri Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 |
TheMontana 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Montana, thenumber of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. Montana also has adistribution 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
Atwo-thirds (66.67%) vote is required ofall members of the legislature during one legislative session for theMontana 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 toSection 3, Article XIV of theMontana Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 |
TheMontana State Legislature is also authorized to submit a constitutional convention question to voters via atwo-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:
- Thelegislature can proposelegislatively referred constitutional amendments, which are defined inSection 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 itand if it wins favorable votes from at least 35 percent of those voting in the election for any office.
- Aconstitutional 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.
- Aninitiated constitutional amendment can be used by the state's citizens to propose constitutional amendments.
- The rules for this are set out inSections 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
TheNevada Constitution can be amended via three different paths: aconstitutional convention, alegislatively referred constitutional amendment or aninitiated constitutional amendment.
Initiative
- See also:Initiated constitutional amendment
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Nevada, thenumber 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 theNevada State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 22 votes in theNevada State Assembly and 11 votes in theNevada State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article 16 of theNevada Constitution, a two-thirds vote of theNevada 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 theNew Hampshire Constitution: Alegislatively referred constitutional amendment or aconstitutional convention.
Legislature
A 60% vote is required during one legislative session for theNew Hampshire State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 240 votes in theNew Hampshire House of Representatives and 15 votes in theNew 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 theNew Hampshire Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 theNew Jersey General Assembly and 24 votes in theNew 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 theNew Jersey General Assembly and 21 votes in theNew Jersey State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
New Mexico
TheNew 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 theNew Mexico State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in theNew Mexico House of Representatives and 22 votes in theNew Mexico State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
Atwo-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 |
TheNew York Constitution can be amended throughlegislatively referred constitutional amendments or throughconstitutional conventions.
Legislature
A simple majority vote is required during two successive legislative sessions for theNew York State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 126 votes in theNew York State Assembly and 32 votes in theNew York State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article XIX of theNew York Constitution, a question about whether to hold a state constitutional convention is toautomatically 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
TheNorth 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 theNorth Carolina General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in theNorth Carolina House of Representatives and 30 votes in theNorth Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XIII of theNorth Carolina Constitution, atwo-thirds (66.67%) vote vote of both chambers ofstate 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
TheNorth Dakota Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. North Dakota requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also:Initiated constitutional amendment
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In North Dakota, thenumber 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 theNorth Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 48 votes in theNorth Dakota House of Representatives and 24 votes in theNorth Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 1 of Article III of theNorth Dakota Constitution, thestate's initiative petition process is used to call aconstitutional convention.
Ohio
TheOhio 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 toSection 1a of Article II, citizens have the power to initiate constitutional amendments in Ohio. Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Ohio, thenumber 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 signaturedistribution 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 toArticle 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 theOhio State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in theOhio House of Representatives and 20 votes in theOhio State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3 of Article XVI of theOhio Constitution, a question about whether to hold a state constitutional convention is toautomatically 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, andArticle XXIV of theOklahoma Constitution andLaws governing ballot measures in Oklahoma
TheOklahoma 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Oklahoma, thenumber 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 theOklahoma State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in theOklahoma House of Representatives and 24 votes in theOklahoma State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article XXIV of theOklahoma Constitution, a question about whether to hold a state constitutional convention is toautomatically 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 in1970.[7] 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."[8]
Oregon
- See also:Section 1, Article IV, andArticle XII of theOregon Constitution andLaws governing ballot measures in Oregon
TheOregon Constitution lays out four different paths, in two different articles, for how to go about changing the state's constitution.
- Theconstitutional revision process is established inSection 2 of Article XVII.
- Section 1, Article IV, says that the people of the state can use aninitiated 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 containsseveral restrictions on the initiative process such asSection 1b, which prohibitspay-per-signature.
- Section 1 of Article XVIII creates the procedures by which theOregon State Legislature can use alegislatively 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 aconstitutional 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 acitizen-initiated question or a vote of the legislature.
Pennsylvania
ThePennsylvania 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 toArticle 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 thePennsylvania State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 102 votes in thePennsylvania House of Representatives and 26 votes in thePennsylvania 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 theRhode Island Constitution can be changed: thelegislatively referred constitutional amendment and theconstitutional convention. Rhode Island residents do not have the power ofinitiated constitutional amendments.
Legislature
A simple majority vote is required during one legislative session for theRhode Island State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 38 votes in theRhode Island House of Representatives and 20 votes in theRhode Island State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According tosection 2 of Article XIV of theRhode 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
TheSouth 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
Atwo-thirds (66.67%) vote is required during one legislative session for theSouth Carolina State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in theSouth Carolina House of Representatives and 30 votes in theSouth 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 timeafter voters approve the amendment. This second vote requires a simple majority in the House and Senate.
Convention
According toSection 3 of Article XVI of theSouth Carolina Constitution, a constitutional convention can be held if two-thirds of the members of both houses of theSouth Carolina State Legislature vote to put the question on the ballot.
South Dakota
Amendments to theSouth 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
Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In South Dakota, thenumber 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 theSouth Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in theSouth Dakota House of Representatives and 18 votes in theSouth Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 2 of Article 23 of theSouth 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
TheTennessee Constitution can be amended in two ways—through the legislative process, or a state constitutional convention.
Legislature
In Tennessee, thestate Legislature must pass a constitutional amendment 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:
| Session | Requirement | Senate | House |
|---|---|---|---|
| First | Simple majority vote | 17 | 50 |
| Second | Two-thirds vote | 22 | 66 |
Convention
According toSection 3 of Article XI of theTennessee Constitution, thestate Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.
Texas
TheTexas 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 toArticle 17, the state Legislature can refer constitutional amendments to the ballot for voters to decide.Atwo-thirds (66.67%) vote is required during one legislative session for theTexas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in theTexas House of Representatives and 21 votes in theTexas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Utah
TheUtah 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 toArticle XXIII, the state Legislature can refer constitutional amendments to the ballot for voters to decide.Atwo-thirds vote in both the legislative chambers is required during one legislative session for theUtah State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 50 votes in theUtah House of Representatives and 20 votes in theUtah State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 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 theUtah State Legislature vote to put it on the ballot.
Vermont
Section 72 of the Vermont Constitution lays out the procedure governing changes to theVermont Constitution. Vermont does not feature the power ofinitiative for eitherinitiated state statutes orinitiated constitutional amendments.
Legislature
Atwo-thirds (66.67%) vote is required in theVermont State Senate and a simple majority vote is required in theVermont 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 theVermont State Senate and 76 votes in theVermont 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 ofseveral other states, does not provide forconstitutional conventions. Perhaps as a result, Vermont's current constitution is one of the oldest in the country, having been adopted in 1793. TheMassachusetts 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, theVermont 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
TheVirginia Constitution can be amended through two different paths—a legislative process, and a constitutional convention. Virginiadoes not feature the power ofinitiative for eitherinitiated constitutional amendments orinitiated state statutes.
Legislature
A simple majority vote is required during two successive legislative sessions for theVirginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in theVirginia House of Delegates and 21 votes in theVirginia 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 aconstitutional convention as established inSection 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
TheWashington 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 toArticle XXIII, the state Legislature can refer constitutional amendments to the ballot for voters to decide.In Washington, a referred constitutional amendment requires atwo-thirds (66.67%) vote in each chamber of theWashington State Legislature during one legislative session. That amounts to a minimum of 66 votes in theWashington House of Representatives and 33 votes in theWashington State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toArticle XXIII of theWashington State Constitution, atwo-thirds (66.67%) vote is required during one legislative session for theWashington 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
TheWest Virginia Constitution can be modified throughconstitutional conventions andlegislatively referred constitutional amendments. West Virginia does not feature the power ofinitiative for eitherinitiated constitutional amendments orinitiated state statutes.
Legislature
A two-thirds vote is required during one legislative session for theWest Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 67 votes in theWest Virginia House of Representatives and 23 votes in theWest Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 1 of Article XIV of theWest Virginia Constitution, thestate Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.
Wisconsin
Article XII of theWisconsin Constitution provides two methods of amendment:
- Alegislatively referred constitutional amendment may be proposed to the voters if approved by a simple majority of both chambers of theWisconsin 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 theWisconsin State Legislature votes in favor, aconstitutional 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 throughinitiated constitutional amendments.
Wyoming
TheWyoming 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 theWyoming State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 42 votes in theWyoming House of Representatives and 21 votes in theWyoming State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According toSection 3 of Article 20 of theWyoming Constitution, atwo-thirds (66.67%) vote is required during one legislative session for theWyoming 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 throughcitizen initiatives orlegislative 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
| ||||||||||||||
External links
Footnotes
- ↑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."
- ↑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
- ↑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
