Ballot Votes On Amendments: How Many States?

The process of amending state constitutions in the United States varies across states. While 49 states allow voters to ratify proposed state constitutional amendments, Delaware is the only state that does not require voter ratification. From 2006 to 2024, voters across the country considered a total of 1,244 ballot measures to amend their state constitutions, approving 891 of them. These amendments cover a range of issues, including abortion, marijuana legalization, voting rights, and changes to election procedures. Some states, like Arizona and Oklahoma, have set high thresholds for supporters of amendments to collect signatures, while others, like Massachusetts, have lower requirements. In addition to citizen-initiated amendments, some states also allow for amendments through constitutional conventions, which can be called by legislators or through automatic ballot referrals at regular intervals.

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Ratification by voters

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending state constitutions varies across the country. Every state except Delaware requires voters to ratify proposed state constitutional amendments. From 2006 to 2024, voters approved 891 out of 1,244 constitutional amendments proposed and put before them.

In most states, citizen-initiated amendments must be ratified by a simple majority of voters, while several states require a supermajority. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections. Seventeen states currently allow citizen-initiated amendments, and until 2021, Mississippi was one of them. However, a state Supreme Court ruling that year rendered Mississippi's constitutional initiative process unusable until revised to accurately reflect the number of congressional districts from which signatures must be collected to qualify.

Illinois has a unique approach to voter ratification, allowing amendments to be approved by either three-fifths of voters on the amendment or by a majority of voters participating in the entire election. Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election; abstentions from voting on an amendment in these states are effectively treated as "no" votes.

In addition to citizen-initiated amendments, there are three other ways that proposed constitutional amendments can be put on the ballot in most states: through legislatively referred constitutional amendments, constitutional conventions, and automatic ballot referrals. Legislatively referred constitutional amendments are voted on by the legislatures of 49 states (excluding Delaware) before being referred to the ballot for voter consideration. Most states require approval during one legislative session, while 13 states require approval during one or two successive sessions or in two separate sessions. Constitutional conventions are typically called by legislators, who must approve a convention referendum. In most states, a majority legislative vote is needed to call a convention referendum, while a supermajority legislative vote is required in other states. In 37 states, a referendum on calling a convention must then be approved by a majority of voters. In four states, a convention can be called through the initiative process without involving the legislature. Finally, in 14 states, referendums on calling a convention automatically appear on the ballot at periodic intervals ranging from 10 to 20 years.

Citizen-initiated amendments

In the United States, citizens can propose and vote on constitutional amendments directly, without needing legislative referral. This is known as the initiative process, and it allows citizens to place legislation on the ballot for a referendum or popular vote. The process varies by state, with some requiring a simple majority vote and others a supermajority.

The initiative process can be direct or indirect. In direct initiatives, the proposal goes straight to the voters. In contrast, indirect initiatives first go to the state legislature, which can take various actions on the proposal before it goes to voters. Of the states that provide for citizen-initiated constitutional amendments, Massachusetts and Mississippi are the only two states with indirect initiatives.

To get a measure on the ballot, citizens or organisations must collect a predetermined number of signatures. The number of signatures required varies by state and is typically tied to the number of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest requirement, needing signatures from 15% of the votes cast in the last election for governor. On the other hand, Massachusetts has the lowest requirement of 3%. Some states also have geographic distribution requirements, such as needing signatures from a certain percentage of registered voters in every state senate district.

Once a citizen-initiated amendment qualifies for the ballot, it generally must be ratified by a simple majority of voters, except in Nevada, where it must be approved in two consecutive elections. Citizen-initiated amendments are relatively rare, accounting for fewer than 2 out of every 10 amendments adopted annually across the country. However, they are considered more frequently in certain states, such as California and Colorado.

Legislator-initiated amendments

The process for placing an amendment on the ballot and the requirements for ratification can vary from state to state. In some states, such as Massachusetts, citizen-initiated amendments must also secure support from a portion of the members of the legislature. On the other hand, in most states, legislators cannot block a citizen-initiated amendment from appearing on the ballot once the signature and other legal requirements have been met.

Once an amendment is proposed and submitted to the states, each state legislature or state convention can consider the amendment. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This can be done through a majority vote of the voters in most states or a supermajority in several states. For example, in Nevada, amendments must be approved by a majority of voters in two consecutive elections.

In addition to legislator-initiated amendments, there are also citizen-initiated amendments, which are proposed by citizens through signature-collection processes. These processes often require supporters of the amendment to collect signatures equal to a certain percentage of the votes cast in the last gubernatorial election, with thresholds ranging from 3% to 15% depending on the state. Amendments can also be proposed through state constitutional conventions, which are typically called by legislators and require majority or supermajority approval.

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Conventions

State constitutional conventions were historically convened regularly to frame inaugural state constitutions or make amendments to existing constitutions. However, their frequency has decreased in recent decades. Despite this, conventions remain a viable method for amending state constitutions in many states.

The process of calling a convention varies across states. In most states, a majority legislative vote is required to call a convention referendum. A few states require a supermajority legislative vote. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically on the ballot every 10 or 20 years. This is known as an automatic ballot referral. Additionally, 14 states mandate that referendums on calling a convention be placed on the ballot at periodic intervals, ranging from 10 to 20 years. In four states, it is possible to bypass the legislature and directly call a convention through a citizen initiative process.

Once a convention is convened, it serves as a forum for proposing and debating constitutional amendments. The specific procedures and requirements for proposing and adopting amendments may differ depending on the state and the convention's format. After amendments are proposed and deliberated on, they are typically put before the voters for ratification. This process ensures that citizens have the final say in approving or rejecting changes to their state constitution.

State-specific processes

The process for proposing and approving constitutional amendments varies across the United States. While the legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration, there are differences in the specific requirements and processes for ratification.

In most states, there are four ways that proposed constitutional amendments can be put on the ballot: through legislatively referred constitutional amendments, through initiated constitutional amendments backed by citizen signature petitions, through constitutional conventions, and, in some states, via automatic ballot referrals where voters decide whether to hold a convention.

The requirements for citizen-initiated amendments vary across states. For example, Arizona and Oklahoma have the highest bar, requiring supporters to collect signatures equal to 15% of the votes in the last gubernatorial election, while Massachusetts sets the lowest bar at 3%. Some states, like Illinois, combine approaches to voter ratification, allowing amendments to be approved by either a majority of voters on the amendment or a majority of voters in the entire election.

Additionally, some states have unique processes for approving amendments. For instance, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections, and Alabama mandates a simple majority vote of 50% plus one for voters to approve constitutional changes.

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