Isabella Carter
In the United States, citizens can propose a constitutional amendment through a ballot measure, which can be achieved via citizen initiative processes in 18 states. These citizen-initiated amendments are placed on the ballot after proponents collect petition signatures from a minimum number of registered voters in a state. The process for proposing and ratifying state constitutional amendments varies from state to state, with some requiring approval from the state legislature before appearing on the ballot. Amendments become part of the Constitution once ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of states allowing citizens to initiate constitutional amendments | 17 or 18 |
| Number of states allowing citizens to initiate amendments to state statute | 21 |
| Number of states allowing veto referendums but not initiated state statutes or amendments | 2 |
| Number of states allowing direct initiatives for constitutional amendments | 16 |
| Number of states allowing direct initiatives for state statute amendments | 14 |
| Number of states allowing indirect initiatives for constitutional amendments | 9 |
| Number of states allowing indirect initiatives for state statute amendments | 9 |
| States where legislators can block citizen-initiated amendments | 2 |
| States where citizens can call a convention without legislative approval | 4 |
| States with commissions empowered to refer measures to statewide ballots | 2 |
| States with constitutional commissions that can submit amendments directly to voters | 1 |
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What You'll Learn
Citizen-initiated ballot measures
In the United States, citizens can propose constitutional amendments or statutes (depending on the state) through ballot measures, also known as ballot initiatives or referendums. This process is called direct democracy, where voters are given the power to directly propose and pass new laws by putting them up for a vote.
There are two types of citizen-initiated ballot measures: direct initiatives and indirect initiatives. Direct initiatives go straight to voters, while indirect initiatives go to the state legislature before potentially appearing before voters. In some states, the legislature may approve the proposal outright without putting it before voters.
To place a measure on the ballot through a direct initiative, an individual must first file a proposed ballot measure with their designated state official. The official will then review the proposal to ensure it conforms with state statutory requirements. Once the review is complete, a ballot title and summary are prepared and then made into a petition to be circulated for signatures. The petition must collect a specified number of signatures from registered voters in the state before the proposed measure can be placed on the ballot.
For indirect initiatives, citizens must collect signatures and receive approval from the state legislature. Once the minimum number of signatures is received, the state legislature may approve the statute without putting it on the ballot. If the statute goes on the ballot, a majority vote is needed to pass it.
Currently, 17 states allow citizen-initiated constitutional amendments, with a total of 26 states providing for at least one type of citizen-initiated ballot measure. However, it is important to note that the specific requirements and processes for citizen-initiated ballot measures may vary from state to state.
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Direct vs. indirect initiatives
Direct initiatives and indirect initiatives are two methods through which citizens can propose statutes or constitutional amendments to be put on the ballot for a vote.
Direct Initiatives
Direct initiatives allow citizens to place a citizen-initiated ballot measure directly on the ballot for voters without involvement from the state legislature. This is done by collecting petition signatures from a certain minimum number of registered voters in a state. The number of signatures required varies from state to state. Once the required number of signatures is collected, the measure is then placed on the ballot for voters to decide. Direct initiatives can be used to propose state statutes, constitutional amendments, or veto referendums.
Indirect Initiatives
Indirect initiatives, on the other hand, involve the state legislature in the process. In this method, citizens collect signatures to propose a ballot measure, but instead of going directly to the voters, the measure is first submitted to the state legislature. The legislature can then take various actions on the proposal. They may approve the measure, ignore it (allowing it to go to the ballot), vote against it without providing an alternative (still allowing it to go to the ballot), or propose an alternative amendment to appear on the ballot alongside the original citizen proposal. Only two states, Massachusetts and Mississippi, allow indirect initiatives for constitutional amendments.
Differences
The main difference between direct and indirect initiatives is the level of involvement of the state legislature. Direct initiatives bypass the legislature entirely, while indirect initiatives give the legislature the power to approve, modify, or even compete with the proposed measure. Another difference is the number of states that allow each process. Direct initiatives are more common, with 16 states allowing them for constitutional amendments, while only two states allow indirect initiatives for the same purpose.
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State legislature involvement
State legislatures can refer amendments to the ballot in 49 states, and 17 or 18 states also allow citizens to initiate constitutional amendments. In most of these states, citizen-initiated amendments follow a direct initiative process, where proponents collect petition signatures from a certain minimum number of registered voters in a state and the proposal goes directly to voters. However, in some states, citizen-initiated amendments follow an indirect initiative process, where the proposal goes to the state legislature first, which can take various actions on the proposal before it goes to voters.
In Massachusetts, citizen-initiated amendments must secure support from one-fourth of the members of the legislature, sitting in joint session and voting in two consecutive sessions, before they can appear on the ballot. In Mississippi, citizen-initiated amendments must meet a signature distribution requirement based on congressional districts, but the state Supreme Court ruled in 2021 that this requirement is impossible to meet due to the state's low number of congressional representatives.
While the specific procedures vary from state to state, citizen-initiated amendments generally require proponents to gather a certain overall number of signatures in support of holding a vote on the amendment. These signature-collection requirements are often tied to the number of votes cast in the last gubernatorial election. Once citizen-initiated amendments qualify for the ballot, they typically must be ratified by a simple majority of voters, although some states require a supermajority. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
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Signature requirements
An initiated constitutional amendment (ICA) is a citizen-led ballot measure that amends a state's constitution. In the United States, 18 states allow citizens to initiate constitutional amendments. To get an ICA on the ballot, proponents of the ballot initiative must collect signatures from a certain minimum number of registered voters in a state. The number of signatures required varies from state to state and is determined by each state's laws and procedures.
In Mississippi, for example, the state's supreme court ruled in 2021 that it was impossible for any petition to meet the state's distribution requirement, which is based on having five congressional districts. This ruling highlighted the need for an amendment to the signature distribution requirement, as Mississippi has fewer than five representatives in Congress.
Similarly, in Nevada, the "Require Voter Identification Initiative" for the 2026 ballot has specific signature requirements that must be met for the initiative to be placed on the ballot.
The signature requirements for citizen-initiated ballot measures can vary depending on the state and the type of measure. In some states, there may be different signature requirements for constitutional amendments, statutes, and other ballot initiatives. Additionally, the timing of signature collection may also play a role, as some states may require signatures to be collected within a certain time frame or in multiple rounds.
Overall, the signature requirements for citizens to get a constitutional amendment on the ballot are an essential part of the initiative process, and citizens must carefully follow the specific requirements set by each state to ensure their initiative's success.
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Ratification process
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This process can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Notably, the President does not have a constitutional role in the amendment process.
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also prepares an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The OFR examines these documents for legal sufficiency and an authenticating signature. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In addition to the federal amendment process, individual states may also provide mechanisms for citizens to initiate constitutional amendments directly. Eighteen states allow for direct or indirect citizen-initiated constitutional amendments. In some states, citizen-initiated amendments must secure support from a portion of the legislature before appearing on the ballot, and they typically require ratification by a simple majority of voters. However, the specific processes and requirements vary across states.
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Frequently asked questions
18 states allow citizens to initiate constitutional amendments.
Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state. Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot.
Each state has different requirements to get an issue to appear on the ballot. However, most ballot measures are placed on the ballot through citizen initiatives or legislative referrals.
A direct initiative goes straight to the voters, whereas an indirect initiative goes to the state legislature first, which can take various actions on the proposal before it goes to the voters.
The 15th Amendment gave African American men the right to vote in 1870. The 19th Amendment, ratified in 1920, gave American women the right to vote. The 24th Amendment, ratified in 1964, eliminated poll taxes.
