Simone Lawson
Amending state constitutions is a complex process that varies across different states in the USA. While most states require a simple majority vote by the electorate to ratify amendments, some states have unique requirements. For instance, in Alabama, a simple majority vote of 50% plus 1 is needed for voters to approve constitutional amendments. On the other hand, Delaware stands out as the only state where the legislature votes on constitutional amendments without requiring voter approval. Understanding the specific processes and requirements for amending state constitutions is essential for implementing changes that reflect the will of the people and adapting to the evolving needs of each state.
| Characteristics | Values |
|---|---|
| Number of states requiring a simple majority for constitutional amendments | 36 of 49 |
| States requiring simple majority mechanisms | Alabama, Alaska, Arizona |
| States requiring voter approval for constitutional amendments | 49 |
| States requiring legislative approval during one legislative session | 36 |
| States requiring legislative approval during one or two successive legislative sessions | 4 |
| States requiring legislative approval during two legislative sessions | 9 |
| States allowing citizens to initiate constitutional amendments | 18 |
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What You'll Learn
- Alabama and Alaska require a simple majority for constitutional amendments
- Arizona requires a simple majority for amendments
- Florida allows commissions to submit amendments directly to voters
- Amendments in Delaware don't require voter approval
- Nevada requires citizen-initiated amendments to be approved in two consecutive elections
Alabama and Alaska require a simple majority for constitutional amendments
Alabama and Alaska are two of the states that require a simple majority for constitutional amendments. The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Alabama requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. A 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. Amendments do not require the governor's signature to be referred to the ballot.
Similarly, Alaska's Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Alaska requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. Alaskans do not have the power to use a citizen initiative to amend the state's constitution. The power of initiative in Alaska is restricted to proposing state statutes. A two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. The lieutenant governor prepares a ballot title and proposition summarizing each proposed amendment and places them on the ballot for the next general election. If a majority of the votes cast on the proposition favour the amendment, it is adopted.
In addition to Alabama and Alaska, Arizona is another state that requires a simple majority vote to approve constitutional amendments. Arizona provides three methods for amending the Arizona Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Eighteen states allow citizens to initiate constitutional amendments.
In total, 36 out of 49 states require legislatures to approve 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.
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Arizona requires a simple majority for amendments
Amending state constitutions is a much easier process than amending the federal Constitution. While the US Constitution has only been amended 27 times, state constitutions have been amended around 7,000 times.
Arizona is one of the states that allow citizens to initiate constitutional amendments. The Arizona Constitution provides three methods of amending the state constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Arizona requires a simple majority to approve constitutional amendments. This means that a simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In addition to the simple majority requirement, Arizona also has specific signature requirements for citizen-initiated constitutional amendments. The number of signatures required is equal to 15% of the votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months, and signatures must be submitted four months before the election at which the measure will appear.
While Arizona requires a simple majority for most ballot measures, there is an exception for ballot measures to approve taxes. In this case, Arizona requires a 60% vote, which was approved by voters in 2022 through Proposition 132.
It is worth noting that Arizona is considering a ballot measure that would make it harder to amend the state constitution by establishing a signature distribution requirement for citizen-initiated constitutional amendments. This measure would be in addition to the existing signature requirements.
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Florida allows commissions to submit amendments directly to voters
The constitutions of the 50 states have been amended around 7,000 times, with state constitutional amendments being adopted regularly. In contrast, the U.S. Constitution is much more challenging to change and has only been amended 27 times.
State legislatures vote on constitutional amendments in 49 states to refer them to voters for consideration. The exception is Delaware, where the legislature votes on amendments without requiring voter approval. Most states （36 out of 49) require legislatures to approve amendments during a single legislative session.
Florida stands out in this context as the only state that empowers commissions to place constitutional amendments directly on the ballot for voter approval. The Constitution Revision Commission (CRC) and the Taxation and Budget Reform Commission (TBRC) are the two commissions authorized by Florida's constitution to propose amendments. The CRC, which meets every 20 years, can address any subject, while the TBRC focuses solely on taxation and budgetary matters.
In the 2017-2018 session, the CRC considered various proposed amendments and referred eight measures to the ballot for the 2018 election. One was removed, and voters approved the remaining seven. These amendments required a three-fifths majority for approval, which is higher than the simple majority required in most states.
Florida's unique approach to constitutional amendments demonstrates a commitment to direct democracy and citizen engagement in the amendment process. By allowing commissions to submit amendments directly to voters, Florida ensures that a range of issues can be considered for constitutional change.
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Amendments in Delaware don't require voter approval
The constitutions of the 50 states have been amended around 7,000 times, with some states amending their constitutions more frequently than others. Alabama, Louisiana, South Carolina, Texas, and California, for instance, amend their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years on average.
Amending state constitutions is a much easier process than amending the federal Constitution. While the federal Constitution has only been amended 27 times, state constitutions are amended regularly. Most states (36 out of 49) require legislatures to approve amendments during one legislative session. 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 session.
Delaware is the only state that does not require voter approval for constitutional amendments. Instead, an amendment must be agreed upon by two-thirds of the members elected to each house of the legislature in two consecutive general assemblies. This makes Delaware a national outlier. While Delaware does require that notice of proposed amendments be given to the public, the state supreme court has held that only substantial compliance with these publication requirements is necessary.
In contrast, 18 states allow citizens to initiate constitutional amendments. For example, Arizona provides three methods for amending its constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority is required to approve constitutional amendments in Arizona, while a 60% vote is needed to pass ballot measures to approve taxes. Similarly, Alabama and Alaska require a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
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Nevada requires citizen-initiated amendments to be approved in two consecutive elections
Amending state constitutions is a much simpler process than amending the US Constitution, and it happens quite frequently. The US Constitution has been amended only 27 times, while the 50 state constitutions have been amended approximately 7,000 times. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more frequently, with changes being made three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.
Nevada is one of the 18 states that allow citizens to initiate constitutional amendments. In Nevada, citizens can propose statutes through the indirect initiative process and constitutional amendments through the direct initiative process. Once a proposal has gathered enough signatures, it is presented to the Nevada State Legislature. If the proposal is approved by the legislature and signed by the governor, it becomes law. If not, it is submitted to voters at the next general election. Proposed amendments, however, proceed directly to a vote, but they must be approved by a majority of voters in two consecutive elections. This is a unique feature of Nevada's constitution, as most states require only a simple majority for voter approval of constitutional amendments.
The Nevada State Legislature can also propose amendments, which only need to be approved in one election. Additionally, the Nevada Constitution can be amended through a constitutional convention. This involves a convention being called, which then submits proposed amendments to voters for approval.
The process of amending the Nevada Constitution has been utilized numerous times. The current Nevada Constitution has been amended over 112 times. The most recent amendments were approved by voters on November 5, 2024, and related to prohibiting slavery and involuntary servitude unless for the punishment of crimes.
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Frequently asked questions
36 out of 49 states require a simple majority for amendments to the constitution.
Alabama, Alaska, Arizona, and Florida are some states that require a simple majority vote for amendments to their state constitutions.
A simple majority is when more than half of the votes are cast in favour of a decision.
A simple majority is also referred to as a bare majority or absolute majority.
A supermajority requires a greater proportion of votes than a simple majority, often two-thirds or three-quarters of the votes.
