Voter Threshold For Constitutional Amendments

The number of voters required to approve a constitutional amendment varies depending on the state and the type of amendment. In the United States, 49 out of 50 states require voter approval for the ratification of state constitutional amendments. Delaware is the only state that does not require voter approval for constitutional amendments. In most states, a simple majority of voters is required to ratify an amendment, while some states require a supermajority. Additionally, 18 states allow citizens to initiate constitutional amendments through a petition process. The process for proposing and ratifying amendments can also differ between states, with some states requiring approval by a majority of voters in the entire election, while others allow amendments to be approved by a majority of voters participating in the election.

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Ratification by three-fourths of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides that an amendment may be proposed 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. Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through the legislative process or the state convention process.

While the Constitution outlines the process for proposing and ratifying amendments, the specific procedures for ratification are not described in detail. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services.

In most states, a simple majority of voters is required to ratify an amendment. However, several states require a supermajority, or a majority of voters in the entire election, to approve an amendment. Additionally, 18 states allow citizens to initiate constitutional amendments through a citizen-initiative process. These citizen-initiated amendments generally have to be ratified in the same way as legislature-referred amendments, but they may face additional requirements, such as needing approval in two consecutive elections.

The process for proposing and ratifying state constitutional amendments varies from state to state. While 49 states require voter approval for the ratification of state constitutional amendments, Delaware is the exception and does not require voter approval. State constitutional conventions, which were once a common method for proposing amendments, have become less frequent in recent decades. However, they still offer a potential path for amending state constitutions.

Majority approval in two elections (Nevada)

In the United States, 49 out of 50 states require voter approval for the ratification of state constitutional amendments. Delaware is the only state that does not require voter approval for constitutional amendments.

In Nevada, citizen-initiated amendments face a unique challenge. They must be approved by a majority of voters in two consecutive elections. This sets Nevada apart from most other states, where citizen-initiated amendments are ratified by a simple majority of voters.

The process of amending the constitution typically begins with a proposal by Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon request by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed through this method.

Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through the legislative process or the state convention process. The ratification process is administered by the Archivist of the United States, who follows established procedures and customs.

It is worth noting that the mode of ratification is determined by Congress, and a vote by the electorate is not applicable to the ratification of a constitutional amendment. The focus of this discussion is on the approval of amendments by voters, which is a critical aspect of the amendment process in most states, including Nevada, where a majority approval in two consecutive elections is required for citizen-initiated amendments.

Citizen-initiative processes

In the United States, 18 states currently allow citizens to initiate constitutional amendments. These states provide citizens with the power to propose and drive constitutional changes, bypassing the traditional route of legislative referral. This direct approach to constitutional amendment underscores the value placed on citizen participation and grassroots democracy.

The specifics of citizen-initiative processes can vary from state to state. Once a citizen-initiated amendment qualifies for the ballot, it typically undergoes a ratification process similar to that of legislature-referred amendments. In most states, a simple majority of voters is required for ratification, while some states demand a supermajority. Nevada stands out with its unique requirement—citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.

While citizen-initiated amendments are less frequent than those proposed by legislatures, they play a significant role in shaping state constitutions. States like California and Colorado are notable for their brisk consideration of citizen-initiated amendments, reflecting a strong culture of citizen engagement in the legislative process. The citizen-initiative process empowers citizens to take an active role in shaping the laws that govern them, fostering a sense of civic responsibility and ownership over the state's constitution.

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Simple majority approval

In the United States, 49 out of 50 states require voter approval for the ratification of state constitutional amendments. Delaware is the only state that does not require voter approval for constitutional amendments.

A simple majority of voters is required to approve a constitutional amendment in most states. However, a supermajority of voters is required in several states. For example, 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 essentially counted as "no" votes. Illinois has a similar approach, allowing amendments to be approved by either three-fifths of voters on the amendment or by a majority of voters in the entire election.

In addition to the state legislative process, citizen-initiated amendments are possible in 18 states. These amendments must be approved by a simple majority of voters in most states. However, Nevada imposes an additional requirement: citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.

It is worth noting that the mode of ratification is determined by Congress, and a vote by the electorate is not applicable to the ratification of a constitutional amendment.

Supermajority approval

In the United States, 49 out of 50 states require voter approval for the ratification of state constitutional amendments. The exception is Delaware, where voter approval is not required for constitutional amendments.

In most states, a simple majority of voters is needed to ratify an amendment. However, several states require a supermajority approval, meaning that more than half of the voters must approve the amendment. For example, Hawaii, Minnesota, Tennessee, and Wyoming require amendments to be approved by a majority of voters in the entire election. Abstaining from voting on an amendment in these states is essentially the same as voting "no". Illinois has a similar approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.

In addition to the state requirements, the U.S. Constitution outlines a process for amending the federal constitution. This process, described in Article V, requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by ratification by three-fourths of the states. This can be done through the state legislative process or a state convention process. While Article V also provides for an alternative process of proposing amendments through a constitutional convention, this has never been utilized.

At the state level, constitutional conventions have been held less frequently in recent decades. The last time voters decided on convention-referred constitutional amendments was in 1986 in Rhode Island. Conventions are typically called by legislators, who must approve a convention referendum. In most states, a simple majority legislative vote is needed to call a convention, while other states require a supermajority legislative vote. After a convention, proposed amendments are submitted to voters for approval, usually by a simple majority.

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