Except in the state of delaware, two steps are involved in changing constitutions:

The Delaware Constitution of 1897 as amended

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GOVERNMENT FOR THE STATE OF DELAWARE PREAMBLE

ARTICLE I. BILL OF RIGHTS

ARTICLE II. LEGISLATURE

ARTICLE III. EXECUTIVE

ARTICLE IV. JUDICIARY

ARTICLE V. ELECTIONS

ARTICLE VI. IMPEACHMENT AND TREASON

ARTICLE VII. PARDONS

ARTICLE VIII. REVENUE AND TAXATION

ARTICLE IX. CORPORATIONS

ARTICLE X. EDUCATION

ARTICLE XI. AGRICULTURE

ARTICLE XII.

ARTICLE XIII. LOCAL OPTION

ARTICLE XIV. OATH OF OFFICE

ARTICLE XV. MISCELLANEOUS

ARTICLE XVI. AMENDMENTS AND CONVENTIONS

ARTICLE XVII. CONTINUITY OF GOVERNMENTAL OPERATIONS

SCHEDULE

The notion that all individuals posses inalienable rights and willingly submit to government to protect those rights is embodied in:

B. Social contract theory

Which of the following is NOT among the characteristics shared by all state constitutions?

A. The requirement that citizens approve any changes

Which of the following is NOT w power of the Texas legislature?

Under the Texas Constitution, the power to tax resides with:

Article 6 of the US constitution contains the ____ clause establishing the US constitution as the law of the land that no federal or state law may violate

The current Texas constitution was approved by voters in:

In addition to a preamble and appendix, how many article are contained in the Texas constitution?

Why does the Texas Constitution create a fragmented executive branch?

A. To limit the power of the governor

Ideally, a constitution should be:

D. Have been amended many times

At 376,006 words, which states constitution is the longest?

Except in the state of Delaware, two steps are involved in changing constitutions:

D. Proposal of amendments and citizen approval

Why are the state constitutions amended more frequently than the US Constitution?

B. State constitutions dal with a wider range of functions

Which of the following aspects of the process of amending the state constitution contributes to low voter turnout?

D. All of these answers are correct

Many reformers believe the Texas constitution is in need of a comprehensive revision. Why is this unlikely to happen?

A. Strong distrust in the government

The system that provides for a sharing of powers between the national government and the state governments is known as:

Which amendment to the US constitution contains this statement? "The powers not delegated to the US by the Constitution..."

By what authority did the US congress create a national bank in 1790?

D. Necessary and proper clause

Which of the following is an exclusive power of the national government?

A. Regulate interstate commerce

After WW1, the Supreme Court required states to adhere to the basic protections in the Bill of Rights through the use of clauses in the ____ amendment

A ______ grant is for broad purposes and gives state and local governments a significant amount of discretion in how money is spent

Nineteen century federalism

D. Saw states dominant over the federal government

Every state but Delaware requires voters to ratify proposed state constitutional amendments—changes to a state's constitution. From 2006 through 2020, a total of 1,016[1] constitutional amendments were proposed and put before voters. Of this total, voters approved 733[2] proposed changes to state constitutions.

There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states:

Amendment procedures

Legislative amendments

See also: Legislatively-referred constitutional 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

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."[3]

Click here for more information on the lawsuit and the ruling.

Eighteen states have a process for initiated constitutional amendments.

These states are Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi[4], 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
  • 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 amend a state's constitution. 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.

Procedures by state

Alabama

See also: Article XVIII of the Alabama Constitution and Laws governing ballot measures in Alabama

Article XVIII of the Alabama Constitution defines two ways to amend the state constitution. If three-fifths of the Alabama state legislators approve a proposed constitutional amendment, it is put on the ballot where voters must approve it by a simple majority. The legislature, through a simple majority vote in both chambers, can also call for a ballot measure asking voters to approve a constitutional convention. Alabama does not feature the power of citizen initiative, either for constitutional amendments or statutes.

Below is the section of the Alabama Constitution that outlines the methods of amending the state constitution:

  • If both houses of the Alabama State Legislature by a three-fifths (60 percent) vote agree, then a proposed constitutional amendment shall go on a statewide election ballot. If that amendment is approved by a simple majority of those voting in that election, it becomes part of the constitution.
  • Amendments can initiate in either the Alabama State Senate or the Alabama House of Representatives.
  • Amendments can be voted on either at the next general election, or at a special election date determined by the state legislature. Any such special elections must take place "not less than" three months after the final adjournment of the session of the legislature during which the amendment(s) was proposed.
  • Notice of the fact that an election on a proposed amendment is going to take place must be published in each county of the state for at least eight successive weeks prior to the election.
  • If both chambers of the state legislature agree by a simple majority vote, then a ballot question about whether to have a statewide constitutional convention can be placed on the ballot; if that question is approved by a majority of those voting in that election, then a constitutional convention will be called.[5]

Alaska

See also: Article XIII of the Alaska Constitution and Laws governing ballot measures in Alaska

The Alaska Constitution can be amended in the following two ways:

  • The state legislators may propose a constitutional amendment. If the amendment is approved by a two-thirds (66.67 percent) supermajority vote in each branch of the legislature, the amendment is placed on the next statewide general election ballot, where an affirmative vote from a simple majority of voters is needed for final approval.
  • A constitutional convention can be called to review and suggest changes to the state's constitution, which must then be ratified by a public vote. State legislators can call for a constitutional convention at any time. Moreover, a statewide ballot question asking whether voters want a constitutional convention or not is automatically put on the ballot at the end of every decade in which a constitutional convention did not already take place.

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.

Article 13 of the Alaska Constitution defines the methods to amend the state constitution in the following way:

Amendments to this constitution may be proposed by a two-thirds vote of each house of the legislature. The lieutenant governor shall prepare a ballot title and proposition summarizing each proposed amendment, and shall place them on the ballot for the next general election. If a majority of the votes cast on the proposition favor the amendment, it shall be adopted. Unless otherwise provided in the amendment, it becomes effective thirty days after the certification of the election returns by the lieutenant governor.

The legislature may call constitutional conventions at any time.

If during any ten-year period a constitutional convention has not been held, the lieutenant governor shall place on the ballot for the next general election the question: "Shall there be a Constitutional Convention?" If a majority of the votes cast on the question are in the negative, the question need not be placed on the ballot until the end of the next ten-year period. If a majority of the votes cast on the question are in the affirmative, delegates to the convention shall be chosen at the next regular statewide election, unless the legislature provides for the election of the delegates at a special election.[5]

Arizona

See also: Article 21 of the Arizona Constitution and Laws governing ballot measures in Arizona

Except in the state of delaware, two steps are involved in changing constitutions:

Front cover of the Arizona Constitution adopted in 1891

Article 21 of the Arizona Constitution allows three methods of amending the Arizona Constitution:

  • The Arizona secretary of state is required to publish a copy of the proposed amendment in a newspaper in each of Arizona's 15 counties for a period of at least ninety days before the election.
  • Proposed amendments must be voted on separately.
  • The state legislature is allowed to call a special election for the purposes of voting on proposed amendments. If no special election is called, amendments are voted on in the next statewide general election.
  • A constitutional convention may be called by a statewide vote of the people. In the absence of such a vote, the state legislature is not allowed to call a convention. Any proposed changes to the constitution that are reported out of a constitutional convention must be submitted to a statewide popular vote where, if approved by a majority of those voting, they become part of the constitution.

Arkansas

See also: Section 22, Article 19, of the Arkansas Constitution and Laws governing ballot measures in Arkansas

The Arkansas Constitution can be amended in these ways:

  • Amendments can be proposed by either house of the Arkansas General Assembly.
  • To qualify for the ballot, the proposed amendment must be approved by a simple majority of both the Arkansas State Senate and the Arkansas House of Representatives.
  • Any such proposed amendments must be published "in at least one newspaper in each county" for the six months preceding any general election in which Arkansas senators and representatives are elected.
  • If any such proposed amendment is approved by a simple majority of those voting in such an election, it becomes part of the state's constitution.
  • Proposed amendments are to be submitted in such a way that electors can consider and vote on each proposed amendment separately.
  • The Arkansas General Assembly is only allowed to submit up to three amendments for any one election.
  • To successfully qualify a constitutional amendment for the ballot through an initiative petition, signatures from registered voters equal to 10 percent of the votes cast in the last gubernatorial election must be collected. From 2008 through 2018, this signature requirement ranged between 77,468 and 84,859 signatures.
  • Arkansas also features a distribution requirement which requires the signature collection to be spread out over at least 15 of the state's counties.
  • Once an initiated constitutional amendment qualifies for the ballot, a simple majority is required for approval.
  • Moreover, some constitutional amendments approved by the voters contain a provision allowing the legislature to make certain amendments to the constitution without voter approval.
  • For example, Issue 6, which was approved in 2016 and legalized medical marijuana, allowed the legislature to make certain changes to the provisions enacted by the initiative "so long as the amendments are germane to this section and consistent with its policy and purposes." Issue 6 also explicitly prevented the legislature from amending certain sections of the initiative.

The Arkansas Constitution is one of a handful of state constitutions with no mechanism for calling a constitutional convention.

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:

  • 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.

Colorado

See also: Section 1 of Article V and Article XIX of the Colorado Constitution and Laws governing ballot measures in Colorado

The Colorado Constitution can be amended in these ways:

  • Either chamber of the general assembly can propose an amendment.
  • Two-thirds of each chamber must vote affirmatively for the proposed amendment in order for it to go on the statewide ballot for potential voter ratification.
  • Voter ratification occurs through a 55 percent supermajority vote unless the amendment only removes language from the state constitution, in which case a simple majority is required.
  • Elections on legislatively referred constitutional amendments must take place on the same days that general elections are held for members of the Colorado General Assembly.
  • No one general assembly is allowed to propose amendments to more than six of the Colorado Constitution's 29 articles.
  • Signatures from registered state voters equal to 5 percent of the number of votes cast in the last gubernatorial election must be collected to put a constitutional amendment on the ballot through the initiative process.
  • Details about the process can be found on this page.

Connecticut

See also: Article XII and Article XIII of the Connecticut Constitution and Laws governing ballot measures in Connecticut

The Connecticut Constitution can be amended in these ways:

  • If an amendment is approved by a majority (but less than 75 percent) of the total membership of each chamber, it is then carried over to the next session of the legislature. If the amendment is again approved by a majority, it is then put to a statewide vote of the people. If the voters approve it by a simple majority vote, it becomes part of the state's constitution.
  • If the proposed amendment is approved by a vote of 75 percent or more in both chambers of the legislature, it doesn't have to be considered in two consecutive legislative sessions and can, instead, be put to a vote of the people at the next November general election.
  • Elections on proposed amendments are to take place in Novembers of even-numbered years.
  • Through a constitutional convention, as established in Article XIII
  • Two-thirds of each legislative chamber must vote for a convention.
  • The legislature is not allowed to call for a convention more than once in a 10-year period.
  • Any proposed amendments that arise out of a convention are to be put to a statewide vote where, if they are approved by a simple majority of those voting, they become part of the state's constitution.
  • Article XIII provides for an automatic ballot referral to the state's electors concerning whether to hold a constitutional convention; these questions are to be put before the voters at least once every 20 years.

Connecticut does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Delaware

See also: Article XVI of the Delaware Constitution and Laws governing ballot measures in Delaware

Article XVI of the Delaware Constitution defines the following paths by which the Delaware Constitution can be amended:

  • 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.
  • 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.

Delaware does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Florida

See also: Article XI of the Florida Constitution and Laws governing ballot measures in Florida

Except in the state of delaware, two steps are involved in changing constitutions:

There are more ways to put proposed amendments to the state constitution before voters in Florida than in any other state. For any proposed amendment to take effect, at least 60 percent of statewide voters casting a vote on the proposal must vote "yes." Article XI specifies the following different methods for putting an amendment to a vote of the people:

  • To place a constitutional amendment on the ballot, proponents must collect signatures equal to 8 percent of the total number of votes cast in the last presidential election in Florida.
  • Section 4 grants the people the right to put a question on the ballot as to whether a convention shall be called. The question asked is, "Shall a constitutional convention be held?"
  • To place a call for a constitutional convention on the ballot, proponents must collect signatures equal to 15 percent of the total number of votes cast in the last presidential election in Florida.

Georgia

See also: Article X of the Georgia Constitution and Laws governing ballot measures in Georgia

Article X of the Georgia Constitution establishes two ways in which the constitution can be altered:

  • A proposed amendment can be introduced in either the Georgia House of Representatives or the Georgia Senate.
  • A proposed amendment must be approved by two-thirds of the membership of each chamber before going to the state's voters.
  • The governor is explicitly forbidden from vetoing acts of the legislature to propose amendments or call conventions.
  • Proposed amendments are to be voted on during general elections in even-numbered years.
  • Article X establishes a Georgia Constitutional Amendments Publication Board, which is charged with ensuring that the state's voters have adequate notification that an election is to occur on a proposed amendment(s).
  • The General Assembly is allowed to repeal a previous vote to put a proposed amendment on the ballot if they do so with a two-thirds vote of both chambers and at least two months before the election would have occurred.
  • The state legislature can vote to put an entire new constitution on a statewide ballot, rather than just an amendment.
  • Unlike in many other states, the state legislature can unilaterally call for a convention as long as two-thirds of the members of each chamber vote in favor of doing so; the people of the state do not have to be further consulted.
  • Any proposed amendments or revisions arising out of a convention must be put to the state's voters.

Moreover, the Georgia Constitution contains a prohibition found in very few state constitutions that explicitly restricts the type of amendment that can be proposed. The provision states, "Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people." Newly approved amendments or revisions are effective on the first day of January following their approval by the voters.

Hawaii

See also: Article XVII of the Hawaii Constitution and Laws governing ballot measures in Hawaii

According to Article XVII of the Hawaii Constitution, constitutional conventions and legislatively referred constitutional amendments are the two methods by which the state's constitution can be revised or amended.

  • Through a two-thirds vote in both the Hawaii State Senate and the Hawaii House of Representatives held in one legislative session;
  • Through two simple majority votes in both chambers held in two successive sessions of the legislature.
  • Any such proposed amendments must then be placed on a statewide ballot, where they can be approved under the following conditions:
  • If approved by a majority of all the votes tallied upon the question if this majority constitutes at least 50 percent of the total vote cast at the election; or
  • If approved at a special election by a majority of all the votes tallied upon the question, if this majority consists of at least 30 percent of the total number of registered voters in the state at that time.
  • A constitutional convention can be held under these conditions:
  • If the Hawaii State Legislature puts the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" on the ballot, and it is approved.
  • If the legislature does not act to place such a question on the ballot, the question is automatically referred to the ballot every 10 years.

Hawaii does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Idaho

See also: Article XX of the Idaho Constitution and Laws governing ballot measures in Idaho

Article XX of the Idaho Constitution establishes two ways in which the constitution can be altered over time, either via legislatively referred constitutional amendments or constitutional conventions.

  • A constitutional convention can be called if:
  • Two-thirds of the members of each house of the 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.

Idaho does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Illinois

See also: Article XIV of the Illinois Constitution and Laws governing ballot measures in Illinois

Article XIV of the Illinois Constitution lays out four different routes that can be taken in order to change the constitution over time:

  • The legislature can only propose to amend up to three articles of the constitution in any one election.
  • The legislature is not allowed to propose any amendments when a constitutional convention has been called up through the time that an election is held on any proposed amendments or revisions that arise from that convention.

Any statewide ballot question concerning a constitutional convention, ratifying an amendment proposed by the Illinois General Assembly or adopting an initiated constitutional amendment must be approved by a supermajority vote of 60 percent of those voting on the question or a majority vote of those who cast a ballot for any office in the election.

Indiana

See also: Article 16 of the Indiana Constitution and Laws governing ballot measures in Indiana

The amendment procedures available under the Indiana Constitution are more restrictive than those of most other states. Only legislatively referred constitutional amendments can be used to amend the constitution, and this procedure is more restrictive in Indiana than in most states, since any proposed amendment must be approved in two successive sessions of the Indiana General Assembly before it can go to a vote of the people. Article 16 also does not say anything about how a constitutional convention could be held or called. The constitutions of more than 40 of the other states do lay out a procedure for calling a constitutional convention.

Indiana does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Article 16 details how the legislatively referred constitutional amendment process works in Indiana:

  • An amendment can be proposed in either chamber of the Indiana General Assembly.
  • An amendment must be agreed to by a simple majority of the members elected to each of the two chambers.
  • If that happens, the same amendment can be proposed in the next session of the legislature that convenes after a general election has taken place.
  • If the amendment is approved by a simple majority vote of both chambers of the general assembly in that second legislative session, the amendment is then submitted to a statewide vote of the people at a general election.
  • If a majority of those voting on the question approve it, the proposed amendment becomes part of the Indiana Constitution.

Iowa

See also: Article X of the Iowa Constitution and Laws governing ballot measures in Iowa

Article X of the Iowa Constitution governs the ways in which the state's constitution can be changed over time.

Article X allows:

  • Amendments can be proposed in either chamber.
  • To put a proposal before voters, two successive general assemblies must vote to put the proposed amendment on a statewide ballot by majority votes.
  • When a constitutional amendment has passed the general assembly in the first session and thus been referred to the succeeding legislature, the state legislature is required by Article X in the Iowa Constitution to publish the amendment in two newspapers in each of Iowa's congressional districts and on the legislature's website once per month for three months.[6] Before the approval of House File 764 of 2019, this was the duty of the Secretary of State. House File 764 of 2019 also provides that a proposed amendment that has been agreed to by two succeeding sessions of the general assembly cannot be invalidated due to an error or omission in the publication process.[7]
  • Once an amendment is on the ballot, it must be approved by "a majority of the electors qualified to vote for members of the general assembly, voting thereon" in order to become part of the constitution.
  • Constitutional conventions, under these conditions:
  • Starting in 1970, a question asking whether or not to hold a constitutional convention must automatically appear on the ballot every 10 years.
  • The Iowa General Assembly can also vote to put a constitutional convention question on a statewide ballot at other times.
  • If either the assembly-referred question or the automatic question are approved, a constitutional convention must be held.
  • Any changes to the constitution proposed by the convention must be ratified by a majority vote of the electors at a statewide election.

Kansas

See also: Article 14 of the Kansas Constitution and Laws governing ballot measures in Kansas

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

See also: Mode of Revision, Kentucky Constitution and Laws governing ballot measures in Kentucky

There are two ways to amend the Kentucky Constitution:

  • If 60 percent of the membership of each chamber approves, the proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.
  • If a proposed amendment is approved by a simple majority of those voting on the question, it becomes part of the constitution.
  • The state legislature is not allowed to put more than four proposed amendments on any one ballot.
  • Proposed amendments "may relate to a single subject or to related subject matters and may amend or modify as many articles and as many sections of the Constitution as may be necessary and appropriate in order to accomplish the objectives of the amendment."
  • A majority of all the members of each of the two chambers of the state legislature must agree to place a question before the state's voters about whether to have a constitutional convention; and
  • In the next session of the legislature, a majority of the members must again agree to place this question before the state's voters.
  • If a majority of those voting on the question say "yes" and if the number of voters voting "yes" is "equal to one-fourth of the number of qualified voters who voted at the last preceding general election," a convention is called.

Kentucky does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Louisiana

See also: Article XIII of the Louisiana Constitution and Laws governing ballot measures in Louisiana

There are two ways to amend the Louisiana Constitution.

  • One way is through a legislatively referred constitutional amendment.
  • If two-thirds of the members of both houses of the Louisiana State Legislature vote in the affirmative, a legislatively referred constitutional amendment can be placed on a statewide ballot.
  • If approved by a simple majority, it becomes part of the constitution within twenty days of the election, unless the amendment itself has a different effective date provided within its provisions.
  • Amendments to the constitution can be proposed that directly affect voters in just part of the state. If an amendment affects five or fewer parishes it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.
  • Resolutions of the state legislature authorizing a proposed amendment to be placed on the ballot for voter ratification must specify an election date. The legislature can decree a special election for this purpose.
  • Proposed amendments must cover just one subject with the exception that the legislature is allowed to put an amendment on the ballot that, if approved, would alter or revise one full article of the constitution. In the case of such an amendment, it can cover multiple subjects.
  • Another way is through a constitutional convention.
  • Two-thirds of the members of both houses can call for a constitutional convention.
  • The results of such a convention have to go before the state's voters for ratification.
  • Unlike most other states that allow for constitutional conventions, the Louisiana legislature can directly call a convention without having to submit the question of whether or not to hold one to the state's voters.

Louisiana does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Maine

See also: Part III of Article IV and Article X of Maine Constitution and Laws governing ballot measures in Maine

Except in the state of delaware, two steps are involved in changing constitutions:

The Maine Constitution may be amended in two ways:

  • The Maine State Legislature can call for a constitutional 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.[8]
  • According to Section 4 of Article X, if the state house and senate both approve by at least a two-thirds majority, a proposed amendment to the constitution can be placed on the statewide ballot during the November election in the year following the state legislature's approval of the proposal.
  • Amendments proposed in this way become part of the constitution if they are approved by a simple majority vote of the state's electorate.

The Maine Constitution of 1819 was the first state constitution in the United States that only required one legislative proposal followed by a vote of the people in order to amend itself. All other state constitutions up to Maine's required two legislative actions.[9]

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.

Maryland

See also: Article XIV of the Maryland Constitution and Laws governing ballot measures in Maryland

Article XIV of the Maryland Constitution defines two ways to amend the state constitution:

  • To put such an amendment before voters, the proposed amendment must be approved by a 60 percent vote in each chamber of the Maryland State Legislature.
  • If voters then approve the proposal, the constitution is altered according to the proposal.
  • The constitution can also be amended via a constitutional convention.

Article XIV allows for the possibility that some proposed constitutional amendments may apply to only one county or the city of Baltimore, which is governed independent of a county structure. In the case of amendments with localized provisions, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but also in the specific county to which it exclusively applies.

Maryland does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Massachusetts

See also: Article XLVIII, Amendments to the Massachusetts Constitution, and Laws governing ballot measures in 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

See also: Article XII of the Michigan Constitution and Laws governing ballot measures in Michigan

The Michigan Constitution can be amended in these ways:

  • These can be proposed in either chamber of the Michigan State Legislature.
  • Proposed amendments must be agreed to by two-thirds of the members elected to and serving in each house before they are presented to voters.
  • Elections on proposed amendments can take place on general election days or at a special election.
  • valid signatures equal to 10 percent of the votes cast in the last gubernatorial election are required to put a proposed constitutional amendment on the ballot through the power of initiative.
  • The proposed amendment is enacted if a majority of voters voting on the amendment approve of it.
  • A question about whether to hold a constitutional convention automatically appears on the state's ballot every sixteen years.

Minnesota

See also: Article IX of the Minnesota Constitution and Laws governing ballot measures in Minnesota

The Minnesota Constitution can be amended via two different paths:

  • These can be introduced in either chamber of the Minnesota State Legislature.
  • Proposed amendments must be agreed to by a majority of the members of each chamber of the legislature in order to go to the voters.
  • Elections on proposed constitutional amendments can only occur on a general election date.
  • Proposed amendments on different subjects must be split into more than one proposed amendment question.
  • Majority approval from all voters voting in the election is required for the proposed amendments to take affect.
  • The ballot statement about proposed legislatively referred constitutional amendments must include "a conspicuous notice ... stating that a voter's failure to vote on a constitutional amendment has the effect of a negative vote."
  • Proposed constitutional amendments in Minnesota are printed on a pink ballot.
  • For a question asking voters if they want a constitutional convention to go on the Minnesota ballot, two-thirds of the members of each chamber of the Minnesota legislature must vote in favor.
  • If voters approve the convention question, a convention is called.
  • Any amendments that are proposed by a constitutional convention must go before the state's voters and must be approved by a 60 percent supermajority vote of those casting a vote on the question.

A unique feature of Minnesota's law is that the voter approval requirement for a revised constitution suggested by a constitutional convention is different from that of a constitutional amendment proposed by the legislature. Ratification of amendments suggested by a convention require a 60 percent supermajority of those voting on the amendment question, while an amendment proposed by the legislature requires a simple majority of those voting in the election.[10]

Mississippi

See also: Article XV of the Mississippi Constitution and Laws governing the initiative process in Mississippi

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."[11]

Click here for more information on the lawsuit and the ruling.

The Mississippi Constitution can be amended via two different paths:

  • For a legislatively referred constitutional amendment to go on the ballot, two-thirds of each house of the Mississippi State Legislature must vote to put it there. The absolute number of those voting in favor must be equal to at least a majority of the members elected to each house.
  • More than one amendment can be submitted for an election, but voters must be able to vote on them separately.
  • The legislature can call a special election for the purposes of voting on one of its proposed amendments.
  • Proposed amendments that are approved by a simple majority of state voters become part of the constitution.
  • Signatures equaling 12 percent of the number of votes cast for governor in the most recent gubernatorial election must be collected in a one-year period.
  • A tough distribution requirement is in place such that signatures of the qualified electors from any congressional district shall not exceed one-fifth of the total number of signatures required to qualify the measure for the ballot.
  • initiated constitutional amendments cannot propose alterations to the Bill of Rights of the Mississippi Constitution.
  • They also can't be about the Mississippi Public Employees' Retirement System.
  • They can't be about amending or repealing the constitutional guarantee that the right of any person to work shall not be denied or abridged on account of membership or non-membership in any labor union or organization.
  • They can't modify the initiative process for proposing amendments to the constitution.
  • The state legislature can place a competing measure on the ballot alongside any initiative.
  • To pass, an initiative must receive a majority of the votes thereon and not less than 40 percent of the total votes cast at the election at which the measure was submitted to be approved.
  • No more than five initiatives can appear on any one ballot.
  • If an initiative is rejected, it (or a similar measure) can't go on the ballot again for at least two years.

Mississippi is one of the few states that has no provision for a constitutional convention.

Missouri

See also: Article XII of the Missouri Constitution and Laws governing the initiative process in Missouri

Except in the state of delaware, two steps are involved in changing constitutions:

The Missouri Constitution can be amended via three different paths:

  • Legislatively-referred constitutional amendments.
  • Either chamber of the Missouri General Assembly is allowed to propose an amendment. A majority of members of both chambers must approve it; if they do, the proposed amendment goes on a statewide ballot for a popular vote of the people.
  • At the election, if a simple majority approves it, it becomes part of the constitution.
  • Initiated constitutional amendments.
  • A constitutional convention, as established in Section 3a of Article XII.
  • A question about whether to hold a constitutional convention must automatically appear on the state's ballot every 20 years.
  • The first of these automatic referrals under the Constitution of 1945 was in 1962, 1982 and 2002.[12]
  • The next convention question will be in 2022.
  • In 1942, under an older version of the Missouri Constitution, voters were asked about having a constitutional convention and said "Yes." It was that convention that led to the Missouri Constitution of 1945, the state's current constitution.

Votes on any proposed amendments to the state's constitution can take place at a general election or a special election.

A unique feature of Missouri's law governing constitutional amendments is found in a provision in Section 2(b) of Article XII, which states that proposed amendments should be published if possible "in two newspapers of different political faith in each county."

Montana

See also: Article XIV, Montana Constitution and Laws governing the initiative process in Montana

The Montana Constitution can be amended through initiated constitutional amendments, legislatively referred constitutional amendments and constitutional conventions.

  • Constitutional conventions can be called in three different ways.
  • According to, Section 1, Article XIV, the Montana State Legislature, "by an affirmative vote of two-thirds of all the members ... may at any time submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend" the constitution.
  • Section 2, Article XIV, says that the state's electors can put a question about whether to hold a convention on a statewide ballot if a petition is signed by at least 10 percent 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.
  • Section 3, Article XIV, says that a question about whether to hold a convention shall automatically go on the ballot every 20 years if it has not otherwise appeared on the ballot in the last two decades.
  • If a convention question is approved by voters, a convention is called.
  • Any amendments proposed by a convention must be ratified by the voters.
  • Any member of the legislature can propose an amendment.
  • The amendment must then be adopted by an affirmative roll call vote of two-thirds of all members of the legislature and approved by state voters.
  • Proposed initiated amendments go on the ballot if petitions are signed by at least 10 percent of the qualified electors of the state, including at least 10 percent of the qualified electors in each of at least one-half of the counties.

Nebraska

See also: Article XVI and Article III of the Nebraska Constitution, and Laws governing the initiative process in Nebraska

Nebraska offers three different paths to amending its constitution:

  • 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.
  • 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

See also: Article 16 and Article 19 of the Nevada Constitution and Laws governing ballot measures in Nevada

The Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively referred constitutional amendment or an initiated constitutional amendment.

  • An amendment can be proposed in either chamber of the state legislature.
  • A majority of the members of both chambers must approve the proposed amendment.
  • After the next general election for members of the state legislature, the proposed amendment must be considered again and approved by a majority of the members of both chambers a second time.
  • The state legislature can call a special election for the proposed amendment(s) if they wish.
  • The amendment is then put to a vote of the people. If "a majority of the electors qualified to vote for members of the Legislature voting thereon" vote in favor of it, the measure becomes part of the constitution unless it is precluded by Section 2 of Article 19.
  • If two amendments that contradict each other are proposed at the same election, the one that gets the most votes becomes part of the constitution.
  • Section 2 of Article 16 governs constitutional conventions.
  • If two-thirds of the Nevada State Legislature votes in favor, a question about whether to hold a constitutional convention goes on a statewide ballot.
  • That election must be held at the same time as an election is being held for members of the state legislature. In other words, a constitutional convention question can't go on a special election ballot.
  • A majority vote—but not a simple majority vote—of the statewide electorate is required to generate a convention: "In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question."
  • Sections 2 and 3 of Article 19 govern initiated constitutional amendments.
  • Signatures equaling 10 percent of the number of voters who voted at the immediately preceding general election must be collected to qualify an amendment for the ballot, and these signatures are subject to a distribution requirement.
  • If an initiated constitutional amendment is approved in one election, it must win again at the next general election in an even-numbered year for it to become part of the constitution.
  • Nevada is the only state that requires that a citizen-initiated amendment be voted on twice. For legislatively referred constitutional amendments, voter approval is required at one election after it is put on the ballot through approval by the legislature in two sessions.

New Hampshire

See also: Article 100 of the New Hampshire Constitution and Laws governing ballot measures in New Hampshire

Except in the state of delaware, two steps are involved in changing constitutions:

There are two paths to altering the New Hampshire Constitution: A legislatively referred constitutional amendment or a constitutional convention.

  • Once on the ballot, a proposed amendment must be approved by two-thirds of those voting in order to become part of the state's constitution.
  • A question about whether to have a convention can be put on the ballot through a majority vote in both houses of the New Hampshire legislature.
  • A question about whether to have a convention also goes on the ballot automatically every 10 years.
  • In each case, the wording of the question is, "Shall there be a convention to amend or revise the constitution?"
  • A majority of those voting must approve it.
  • Delegates to that convention can propose amendments by a 60 percent vote.
  • A two-thirds supermajority vote of qualified voters is required to adopt any such proposed amendments.

New Jersey

See also: Article IX of the New Jersey Constitution and Laws governing ballot measures in New Jersey

There's only one way to amend the New Jersey Constitution, and that is through a legislatively referred constitutional amendment. New Jersey is one of six states that has no provision for a constitutional convention.

New Jersey has several unusual requirements for proposed amendments:

  • It has an either/or system for qualifying a proposed amendment for the ballot. A proposed amendment can be passed by simple majority in two separate legislative sessions, or by a 60 percent supermajority vote of one session. Connecticut and Hawaii have a similar "either/or" requirement, except that Connecticut requires a 75 percent supermajority, and Hawaii requires a two-thirds supermajority.
  • If state voters reject a proposed amendment, the same or a similar proposed amendment can't go back on the ballot "before the third general election thereafter."

New Jersey has several common requirements as well:

  • Proposed amendments must adhere to the single-subject rule.
  • Once on the ballot, a simple majority of voters must approve a measure for it to go in the constitution.

New Mexico

See also: Article XIX of the New Mexico Constitution and Laws governing ballot measures in New Mexico

The New Mexico Constitution can be amended through a legislatively referred constitutional amendment or through a constitutional convention.

  • Legislatively referred constitutional amendments:
  • They can be proposed in either house of the state legislature.
  • If a majority "of all members elected to each of the two houses voting separately votes in favor" of a proposed amendment, it is put on a statewide election ballot.
  • As authorized by Amendment 4 in 1996, an independent constitutional revision commission can submit proposed amendments to the state legislature.
  • Notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish if newspapers in both languages are published in a particular county.
  • When the state legislature votes to put a proposed amendment on the ballot, it is allowed to call a special election for that purpose.
  • A simple majority vote of the statewide electorate is required to ratify an amendment.
  • There is an unusual subject-matter restriction on the right of the state legislature to propose an amendment. Amendments proposed by the legislature cannot "restrict the rights created by Section 1 or Section 3 of Article VII or Section 8 and Section 10 of Article XII "unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this state in an election at which at least three-fourths of the electors voting on the amendment vote in favor of that amendment." Moreover, to amend sections 1 and 3 of Article VII, a two-thirds (66.67 percent) supermajority vote is required in each county of the state.
  • Section 1 of Article VII is titled "Qualifications of Voters; Absentee Voting; School Elections; Registration."
  • Section 3 of Article VII is titled "Religious and Racial Equality Protected; Restrictions on Amendments."
  • Section 8 of Article XII is titled "Teachers to Learn English and Spanish."
  • Section 10 of Article XII is titled "Educational Rights of Children of Spanish Descent."
  • If the question is approved by voters, a convention is called.
  • Amendments proposed by the convention must be ratified by the voters.

Moreover, although the New Mexico Constitution does not allow for initiated constitutional amendments, it contains a provision that pre-emptively limits what such amendments could do, if the citizens of the state were ever accorded that right, saying, "If this constitution be in any way so amended as to allow laws to be enacted by direct vote of the electors the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this constitution."

New York

See also: Article XIX of the New York Constitution and Laws governing ballot measures in New York

The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions.

  • Any proposed amendments must be referred to the New York attorney general, who is required to provide a written opinion as to how the proposed amendment fits in with other provisions of the constitution.
  • If both chambers of the legislature—the New York State Senate and the New York State Assembly—agree with the proposed amendment by a simple majority vote, the proposed amendment is then referred to "the next regular legislative session convening after the succeeding general election of members of the assembly."
  • If that next session of the legislature agrees with the amendment by a simple majority vote of both chambers, "it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe."
  • If a general statewide vote approves the amendment by a simple majority vote, it becomes a part of the constitution beginning in January of the following year.[13]
  • According to Section 2 of Article XIX, a question as to whether there shall be a convention is to appear on the statewide ballot every 20 years beginning in 1957.
  • The New York State Legislature can also refer a question to the ballot about whether to hold a convention.
  • The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing.

North Carolina

See also: Article XIII of the North Carolina Constitution and Laws governing ballot measures in North Carolina

The two paths to amending the North Carolina Constitution are the legislatively referred constitutional amendment and the constitutional convention process.

  • The legislature can determine the date of the election on a proposed amendment.
  • Section 1 of Article XIII dictates the constitutional convention process.
  • A two-thirds vote of both houses of the state legislature is necessary to put a convention question on the ballot.
  • A majority of statewide voters voting on the convention question must affirm the proposal for a convention to be called.
  • Amendments or revisions proposed by a convention go to a statewide vote of the people for ratification.

North Dakota

See also: Article III and Section 16, Article IV, of the North Dakota Constitution and Laws governing ballot measures in North Dakota

There are three paths to amending the North Dakota Constitution: initiated constitutional amendments, legislatively referred constitutional amendments, and constitutional conventions.

  • It is unusual for a constitution to explicitly address this issue.
  • The North Dakota Constitution provides no mechanism under which the state legislature can initiate a call for a convention.
  • Section 16 says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."
  • Unlike any other state constitution, the North Dakota Constitution defines the process of the legislatively referred constitutional amendment in the article of the state constitution that, overall, has to do with the rights and prerogatives of the state's legislative branch. Nearly every other state constitution has a separate article of the constitution specifically dedicated to how the state's constitution can be amended.

Ohio

See also: Section 1a, Article II and Article XVI of the Ohio Constitution and Laws governing ballot measures in Ohio

The Ohio Constitution lays out three different paths, in two different articles, for how to go about changing the state's constitution.

  • Valid signatures equaling 10 percent of the number of votes cast for all gubernatorial candidates in the most recent gubernatorial election are required to qualify an initiated constitutional amendment for the ballot.
  • The constitution says that petitions must have printed on them the words “Amendment to the Constitution Proposed by Initiative Petition to be Submitted Directly to the Electors.”
  • The constitution established the Ohio Ballot Board to oversee ballot measures.
  • If an initiated constitutional amendment reaches the ballot, a simple majority vote from all state voters voting on the measure is required to approve it.
  • The constitution established the Ohio Ballot Board to oversee ballot measures.
  • Elections on amendments proposed by the legislature can take place on general election days or special election days.
  • The Ohio Supreme Court has original jurisdiction over matters relating to legislatively-proposed amendments.
  • Lawsuits against legislatively-proposed amendments, for the most part, cannot be filed within 64 days of the election.
  • Finally, Ohio can call a constitutional convention in two different ways:
  • The Ohio state legislature, if approved by a two-thirds majority of state legislators, can put a question on the ballot about whether to have a convention.
  • Every 20 years, starting in 1932, the question "Shall there be a convention to revise, alter, or amend the constitution?" must automatically appear on the state's ballot.
  • This 20-year cycle is invariant regardless of whether the state legislature also votes to put a similar question on the ballot from time to time.

Oklahoma

See also: Section 1, Article V, and Article XXIV of the Oklahoma Constitution and Laws governing ballot measures in Oklahoma

The Oklahoma Constitution lays out three different paths, in two different articles, for how to go about changing the state's constitution.

  • Signatures equaling 15 percent of "legal voters" must sign a petition to put a proposed amendment on the ballot. The number of "legal voters" is defined as based on "the total number of votes cast at the last general election for the State office receiving the highest number of votes at such election."
  • Petitions that are circulated for this purpose must include "the full text of the measure so proposed."
  • To put the proposed amendment on a general election ballot, a simple majority vote is required.
  • If the legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a two-thirds vote.
  • Proposed amendments must observe the single-subject rule.
  • Section 2 also says a question about whether to hold a convention shall automatically appear on the state's ballot every 20 years.
  • The section does not specify any way other than the every-20-years automatic referral, but is worded in such a way as to suggest that there could be other ways for a constitutional convention question to go on the ballot.
  • Other ways could include the state legislature voting to put it there or citizens petitioning to put such a question on the ballot.

Oregon

See also: Section 1, Article IV, and Article XII of the Oregon Constitution and Laws governing ballot measures in Oregon

Except in the state of delaware, two steps are involved in changing constitutions:

Cover of the 1857 Oregon Constitution

The Oregon Constitution lays out four different paths, in two different articles, for how to go about changing the state's constitution.

  • 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.
  • 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.
  • 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

See also: Article XI of the Pennsylvania Constitution and Laws governing ballot measures in Pennsylvania

The Pennsylvania Constitution is only explicit about one way to change the constitution, namely, the process of a legislatively referred constitutional amendment. The constitution does not lay out the rules for how a constitutional convention can be called, but the state has held five such conventions, most recently in 1968 when the current constitution was adopted.[14]

  • Either chamber of the Pennsylvania General Assembly can propose amendments.
  • If a simple majority of both chambers approves of a proposed amendment, that amendment must be "published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published."
  • In the next session of the legislature, the amendment must be considered again. If it is approved a second time by a simple majority of both houses, the amendment goes on a statewide ballot.
  • The statewide vote on the measure can be on any election date, as determined by the state legislature.
  • The same amendment cannot be submitted more than once in any five-year period.
  • Separate amendments must be voted on separately.
  • Pennsylvania also has a unique requirement for those times when the state legislature believes that a "major emergency threatens or is about to threaten the Commonwealth." If this happens, the proposed emergency amendment can be approved to go on a statewide ballot by two-thirds of the members of each branch of the legislature in one legislative session. Election officials must promptly publish a notice of an election on the amendment "in at least two newspapers in every county" and the election can occur quickly but "at least one month after being agreed to by both Houses." Separate emergency amendments must be voted on separately.
  • Regarding constitutional conventions, the state legislature appears to take as a matter of tradition, rather than explicit constitutional direction, that it can vote to put a constitutional convention question on the ballot. For example, Ann Livak wrote in "Pennsylvania's Constitutions and the Amendment Process — Where it Began, Where it is Now" that, "...in 1961, the Committee for State Constitutional Revision led by Milton J. Shapp got underway and in 1963 forced the legislature to call for a referendum on a constitutional convention....The 1967 legislature gave priority to constitutional revision and passed a convention enabling bill as well as the amendments awaiting second passage." This suggests that the legislature voted only once to put the convention question on the ballot.[14]

Pennsylvania is one of the states that does not feature the power of initiated constitutional amendments.

Rhode Island

See also: Article XIV of the Rhode Island Constitution and Laws governing ballot measures in Rhode Island

There are two paths by which the Rhode Island Constitution can be changed: the legislatively referred constitutional amendment and the constitutional convention.

  • Amendments may be proposed "by a roll call vote of a majority of the members elected to each house."
  • The proposed amendment "shall be published in such manner as the general assembly shall direct."
  • Statewide votes on proposed amendments must take place at general elections.
  • If a simple majority of voters approve the amendment, it goes into the constitution.
  • The question "Shall there be a convention to amend or revise the constitution?" can go on the ballot if approved by a simple majority of the members of both houses of the state's general assembly.
  • If the question hasn't appeared on the ballot at any time in a 10-year period, the Rhode Island Secretary of State must place it on the ballot as an automatic ballot referral.
  • If the state's voters, by a simple majority, vote to hold a convention, then a convention shall be held.
  • Rhode Island has a unique provision about elections on constitutional convention questions.
  • Before the vote is held, a preparatory commission must be created to do some groundwork in preparation for a convention if the state's voters choose to hold one.

Rhode Island residents do not have the power of initiated constitutional amendments.

South Carolina

See also: Article XVI of the South Carolina Constitution and Laws governing ballot measures in South Carolina

There are two paths to amending the South Carolina Constitution: legislatively referred constitutional amendments and constitutional conventions.

  • If "two-thirds of the members elected to each House" vote in favor, the amendment goes on the next general election ballot.
  • If a simple majority of those voting on the amendment approve it, the amendment then goes back to the state legislature.
  • "A majority of each branch of the next General Assembly, after the election and before another" must ratify the amendment for it to take effect.
  • If there is more than one proposed amendment on a ballot, the amendments must be separated so voters can vote on them separately.
  • "Two-thirds of the members elected to each branch of the General Assembly" must vote in favor of putting a question about whether to hold a constitutional convention on a statewide ballot.
  • A simple majority vote of the state's electors is sufficient to bring about a convention.
  • "...such [a] Convention shall consist of a number of members equal to that of the most numerous branch of the General Assembly."

South Dakota

See also: Article XXIII of the South Dakota Constitution and Laws governing ballot measures in South Dakota

Amendments to the South Dakota Constitution may be proposed in three different ways:

  • South Dakota is one of 18 states where amendments can be proposed through ballot initiative.
  • Amendments proposed by petition must be "signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election."
  • South Dakotans can also change their constitution through a convention, according to Section 2 of Article XXIII. There are two ways a convention can happen:
  • The state legislature can call a convention through a 75 percent vote "of all the members of each house." This vote of the state legislature does not need to then go to a vote of the people; the legislature can directly call a convention with 75 percent of their membership.
  • Conventions can also be "initiated and submitted to the voters in the same manner as an amendment" by collecting signatures on petitions and putting the question about whether to have a convention to a vote of the state's electors.

Whether proposed by initiative or by the state legislature, an amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.[15]

Tennessee

See also: Section 3 of Article XI of the Tennessee Constitution and Laws governing ballot measures in Tennessee

The Tennessee Constitution can be amended in two ways:

  • Amendments can be proposed in either chamber of the Tennessee General Assembly.
  • If a majority of the members of both houses approve of a proposed amendment, that amendment must then be referred to the next session of the legislature that meets after the next election of members of the legislature.
  • Proposed amendments have be published six months previous to the election that intervenes between the first session and the second session of the legislature that considers the amendment.
  • When the second session of the legislature considers the amendment, "two-thirds of all the members elected to each house" must approve of it to put it before voters.
  • If that happens, the proposed amendment is placed on the statewide ballot at "the next general election in which a governor is to be chosen."
  • The proposed amendment is enacted if it gains more "yes" votes than "no" votes and if the "yes" votes equal "a majority of all the citizens of the state voting for governor."
  • The legislature can submit to the people at any general election "the question of calling a convention to alter, reform, or abolish" the constitution or any parts of it.
  • If a majority of all the voters voting upon the convention question approve the proposal, a convention is then called.
  • The state cannot hold a convention "oftener than once in six years."

Texas

See also: Article 17 of the Texas Constitution and Laws governing ballot measures in Texas
  • The joint resolution can originate in either branch of the legislature. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.
  • Amendments may be proposed in either regular or special sessions.
  • Joint resolutions endorsing a proposed amendment must include the text of the proposed constitutional amendment and specify an election date. These joint resolutions may include more than one proposed amendment.
  • If more than one proposition is under consideration on a ballot, the Texas Secretary of State conducts a random drawing to assign each proposition a ballot number.
  • If voters reject an amendment, the legislature can resubmit it. For example, after Proposition 2 was rejected in August 1991, the legislature re-adopted it and re-submitted it for that year's November ballot, where it was approved as Texas Proposition 13 (1991).
  • The ballot wording of a proposition is specified in the joint resolution adopted by the Legislature, which has broad discretion in this matter. Texas courts have heard challenges to proposed ballot wording but have generally ruled that "ballot language is sufficient if it describes the proposed amendment with such definiteness and certainty that voters will not be misled."[16]
  • The Legislature may call an election for voter consideration of proposed constitutional amendments on any date, as long as election authorities have sufficient time to provide notice to the voters and print the ballots.
  • A brief explanatory statement of the nature of each proposed amendment, along with the ballot wording for each amendment, must be published twice in each newspaper in the state that prints official notices. The first notice must be published 50 to 60 days before the election. The second notice must be published on the same day of the subsequent week. The secretary of state must send a complete copy of each amendment to each county clerk, who must post it in the courthouse at least 30 days prior to the election.
  • The secretary of state drafts the ballot explanation. This must be approved by the Attorney General of Texas.
  • Constitutional amendments take effect when the official vote canvass confirms statewide majority approval, unless a later date is specified. Statewide election results are tabulated by the secretary of state and must be canvassed by the governor 15 to 30 days following the election.

Utah

See also: Article XXIII of the Utah Constitution and Laws governing ballot measures in Utah

Except in the state of delaware, two steps are involved in changing constitutions:

Delegates to the 1895 Utah constitutional convention

The Utah Constitution can be amended in two ways:

  • An amendment can be proposed in either chamber of the Utah State Legislature.
  • A two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.
  • Votes on proposed amendments must take place at general elections.
  • If more than one proposed amendment is on a ballot, the amendments must be placed on the ballot in such a way that voters can register their opinion on them separately.
  • Approval from a majority of voters voting on the proposed amendment is required for it to pass.
  • A ballot question about whether to hold a convention can go on the ballot if two-thirds of the members of the state legislature vote to put it on the ballot.
  • Votes on whether to hold conventions must go on a general election ballot.
  • Any revisions or amendments proposed by a convention must be approved by a majority of all voters that cast ballots at a general election, regardless of whether they vote on the proposal or not, which means not voting on a convention-referred proposal is equivalent to voting against it.

Although state citizens can collect signatures to qualify a proposed state statute for the ballot through an initiated state statute, the initiative power does not extend to constitutional amendments in Utah.

Vermont

See also: Amendments of the Vermont Constitution and Laws governing ballot measures in Vermont

Except in the state of delaware, two steps are involved in changing constitutions:

Section 72 of the Vermont Constitution lays out the procedure governing changes to the Vermont Constitution.

  • To move forward, amendments must earn a two-thirds vote of the members of Vermont State Senate, but require only a majority vote of members of the Vermont House of Representatives.
  • Amendments, once adopted by the senate and house, must then be considered again at the next biennial session of the Vermont General Assembly.
  • The amendment must win a majority vote of both chambers when it is considered for the second time.
  • Such amendments then go on a ballot for a vote of the state's electors. If a proposed amendment wins a simple majority vote, it becomes part of the state's constitution.

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.

Vermont does not feature the power of initiative for either initiated state statutes or initiated constitutional amendments.

Vermont has changed its amendment process three times:

  • From 1777-1870, amendments could be proposed every seven years by the Council of Censors. This was a 13-member group whose members were elected in statewide elections.
  • From 1870-1974, proposals originated as they do now in the state senate, but could only be made every 10 years. This 10-year limit was known as the "time-lock."
  • In 1974, the 10-year "time lock" was reduced to four years, when voters approved an amendment that established this reduction.

Virginia

See also: Article XII of the Virginia Constitution and Laws governing ballot measures in Virginia

The Virginia Constitution can be amended through two different paths:

  • These can be proposed in either house of the Virginia General Assembly.
  • If a proposed amendment is approved by a simple majority vote in one session of the state legislature, it is automatically referred to the next session of the state legislature that occurs after the next general election of members of the Virginia House of Delegates.
  • If, in that second session, the proposed amendment is "agreed to by a majority of all the members elected to each house," it is then placed before the state's voters.
  • It can go on a special or general election ballot.
  • If approved by a simple majority vote, it becomes part of the state's constitution.
  • 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.

Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Washington

See also: Article XXIII of the Washington State Constitution and Laws governing ballot measures in Washington

The Washington State Constitution can be amended through two routes:[17]

  • A convention question can be put before voters by the Washington State Legislature if two-thirds of the members elected to each branch of the legislature vote to do so.
  • If a simple majority of voters say "yes," then the state legislature must call a convention.

Although Washington citizens can use the power of initiative to qualify initiated state statutes for the ballot, the power does not extend to constitutional amendments.

West Virginia

See also: Article XIV of the West Virginia Constitution and Laws governing ballot measures in West Virginia

The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments.

  • A majority vote of both chambers of the West Virginia State Legislature is required to put a question before the voters on a statewide ballot as to whether they wish a convention to be held.
  • A convention must be called if the voters agree to the convention question by a simple majority vote.
  • Any proposed amendments that come out of a convention must go on a statewide ballot for possible ratification by the state's voters.
  • Amendments can be proposed in either house of the state's legislature.
  • The membership of both houses must support a proposed amendment by a two-thirds vote.
  • A vote on the proposed amendment may take place at a general or a special election. West Virginia has a unique requirement with regard to voting on amendments at special elections: "Whenever one or more amendments are submitted at a special election, no other question, issue or matter shall be voted upon at such special election."
  • A simple majority vote is required for ratification.
  • Proposed amendments must be placed on the ballot in such a way that they can be voted on separately.
  • "An amendment may relate to a single subject or to related subject matters and may amend or modify as many articles and as many sections of the constitution as may be necessary and appropriate in order to accomplish the objectives of the amendment."

West Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Wisconsin

See also: Article XII of the Wisconsin Constitution and Laws governing ballot measures in Wisconsin

Article XII of the Wisconsin Constitution provides two methods of amendment:

  • 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.
  • 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

See also: Article 20 of the Wyoming Constitution and Laws governing ballot measures in Wyoming

Article 20 of the Wyoming Constitution defines the two ways it can be amended.

  • Either branch of the Wyoming State Legislature can propose amendments.
  • Regardless of where the amendment originated, two-thirds of all the members of each of the two houses, voting separately, have to agree to put it on the ballot for a vote of the state's electors.
  • Any proposed amendments that receive a two-thirds (66.67 percent) supermajority vote of both chambers are to go on the ballot at the next general election.
  • The proposed amendment must be published for at least 12 consecutive weeks, prior to a vote being held on it "in at least one newspaper of general circulation."
  • To be enacted, the amendment must be approved by a majority of the electors.
  • If more than one amendment is proposed, they are to be voted on separately.
  • A convention can be called if a two-thirds (66.67 percent) supermajority vote in both houses of the legislature agree to put a constitutional convention question on the state's next general election ballot.
  • A majority of those voting must approve the call for a convention.
  • If they do, the legislature is required to organize that convention in its next session.
  • Article 20 does not specify how many delegates a convention must have, except to say that the number of delegates must be "not less than double that of the most numerous branch of the legislature."
  • Any constitutional changes recommended by a duly-called constitutional convention don't go into effect unless and until they are approved in a statewide vote of the people.

Other types of ballot measures

Types of ballot measures:

  • Constitutions of the several states
  • The NBER/State Constitutions Database

  1. 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.
  2. Cite error: Invalid <ref> tag; no text was provided for refs named excludePennsylvania
  3. 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," accessed May 14, 2021
  4. 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."[1] Click here for more information on the lawsuit and the ruling.
  5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. Iowa Legislature, "Iowa Code, CHAPTER 49A CONSTITUTIONAL AMENDMENTS AND PUBLIC MEASURES," accessed January 14, 2019
  7. Iowa Legislature, "House File 764 (2019)," accessed July 2, 2019
  8. The Constitutionalism of the American States, Kenneth Palmer and Jonathan Thomas, University of Missouri Press, 2008
  9. The revision and amendment of state constitutions, Walter Fairleigh Dodd, John Hopkins Press, 1910
  10. The Pink Ballot Statute, 204D.15
  11. 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," accessed May 14, 2021
  12. Missouri Secretary of State, "Calling constitutional conventions: Missouri's best-kept secret," accessed July 13, 2015
  13. New York Senate, "Constitution of New York State," accessed June 19, 2014
  14. ↑ 14.0 14.1 23 Pennsylvania Law Weekly 324 (March 27, 2000)
  15. South Dakota Legislature, "Section 1 of Article 23 of the South Dakota Constitution," accessed July 13, 2015
  16. Texas Legislative Library, "Description of amendment procedure, p. 3," accessed July 13, 2015
  17. Gallagher Law Library, University of Washington, "History of the Washington State Constitution," accessed July 13, 2015
  18. West Virginia Secretary of State, "Ballot issues in West Virginia," accessed July 13, 2015