Eleanor Finch
The Pennsylvania Constitution has been amended 44 times since 1968. The process of amending the Constitution is a lengthy one, requiring passage in two legislative sessions. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. This amounts to a minimum of 102 votes in the Pennsylvania House of Representatives and 26 votes in the Pennsylvania State Senate. Once an amendment is placed on the ballot, it has a high chance of succeeding, with nearly 90% of proposed amendments approved by voters since 1968.
| Characteristics | Values |
|---|---|
| Number of amendments to the Pennsylvania Constitution | 44 (46 approved by voters, but 2 ruled unconstitutional) |
| Mechanism for amending the state's constitution | Legislative process |
| Minimum votes needed in the Pennsylvania House of Representatives | 102 |
| Minimum votes needed in the Pennsylvania State Senate | 26 |
| Type of vote | Simple majority (50% plus 1) |
| Votes needed for a constitutional amendment during a major emergency | Two-thirds majority during one legislative session |
| Percentage of proposed amendments approved by voters since 1968 | 90% |
| Number of amendments proposed since January 2021 | 70 |
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What You'll Learn
Pennsylvania's legislative process
The Pennsylvania Constitution can be amended with a legislative constitutional amendment, which also requires voter approval. The Pennsylvania Constitution provides for one mechanism for amending the state's constitution—a legislative process. Amending the Pennsylvania Constitution is a lengthy process that requires passage in two legislative sessions and advertising by the Department of State.
Any lawmaker can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it up for a vote. If a simple majority (50% plus 1) in the committee votes for the amendment, then it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it makes to the Pennsylvania Constitution in at least two newspapers in each county.
However, that’s only the first half of the process. The constitutional amendment then has to be introduced in the following session with the exact same language and go through the cycle again — both chambers must pass the amendment in committees. When the Legislature finds that a major emergency threatens or is about to threaten the Commonwealth, a constitutional amendment can be referred to the ballot with a two-thirds vote during one legislative session.
Once an amendment is placed on the ballot, it has a high chance of succeeding. Nearly 90% of proposed amendments have been approved by voters since 1968. Many have been put in front of voters in off-year elections, which typically have lower turnouts.
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The role of the executive branch
Amending the Pennsylvania Constitution requires passage in two legislative sessions. Any lawmaker can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it up for a vote. If a simple majority (50% plus 1) in the committee votes for the amendment, then it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it would make to the Pennsylvania Constitution in at least two newspapers in each county. The constitutional amendment then has to be introduced in the following session with the exact same language and go through the cycle again. Both chambers must pass the amendment in committees and on the floor. After this, at least three months must pass before the amendment can appear on the ballots to allow the Department of State enough time to publicise the proposed text.
The executive branch, in this case, is represented by the Governor, who has the power to veto or approve orders, resolutions, or votes that require the concurrence of both Houses. A two-thirds majority in both Houses can override the Governor's veto.
Constitutional amendments are a way of advancing policy by sending decisions to voters in the form of a ballot measure, an approach that circumvents the executive branch. Nearly 90% of proposed amendments have been approved by voters since 1968. Many have been put in front of voters in off-year elections, which typically have lower turnouts.
In 2020, Pennsylvania Republicans were deeply frustrated with the normal legislative process. Democratic Governor Tom Wolf had rejected several of their attempts to roll back decisions his administration made during the pandemic. They moved the bills through committees, voted on them, and sent them to Wolf, who responded with vetoes. Their solution was to pursue constitutional amendments.
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Voter approval
The Pennsylvania Constitution can be amended with a legislative constitutional amendment, which requires voter approval. The state constitution does not outline a constitutional convention process, but the legislature has called constitutional conventions in the past.
Once an amendment is placed on the ballot, it has a high chance of succeeding. Nearly 90% of proposed amendments have been approved by voters since 1968. Since the current Pennsylvania Constitution came into effect in 1968, voters have rejected only six of 49 proposed amendments.
The process of amending the Pennsylvania Constitution is lengthy and cumbersome. It involves two legislative sessions and advertising by the Department of State. Any lawmaker can introduce a constitutional amendment, but the committee chair must agree to bring it up for a vote. If a simple majority in the committee votes for the amendment, it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it will make to the Pennsylvania Constitution in at least two newspapers in each county. However, this is only the first half of the process. The constitutional amendment must then be introduced in the following session with the exact same language and go through the cycle again. After passing both chambers of the General Assembly in two successive sessions, the proposed amendment becomes a referendum that voters can approve or reject in the following election.
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The amendment process
The Pennsylvania Constitution can be amended with a legislative constitutional amendment, which also requires voter approval. The state constitution provides for one mechanism for amending the state's constitution—a legislative process. The legislature has called constitutional conventions in the past, but the state constitution does not mention a constitutional convention process.
Any lawmaker can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it up for a vote. If a simple majority in the committee votes for the amendment, then it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it makes to the Pennsylvania Constitution in at least two newspapers in each county.
However, that’s only the first half of the process. The constitutional amendment then has to be introduced in the following session with the exact same language and go through the cycle again — both chambers must pass the amendment in committees. Amending the Pennsylvania Constitution is a lengthy process that requires passage in two legislative sessions and advertising by the Department of State. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. Once an amendment is placed on the ballot, it has a high chance of succeeding. Nearly 90% of proposed amendments have been approved by voters since 1968.
In cases where a major emergency threatens or is about to threaten the Commonwealth, a constitutional amendment can be referred to the ballot with a two-thirds vote during one legislative session.
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The majority vote
The Pennsylvania Constitution can be amended with a legislative constitutional amendment, which also requires voter approval. The state constitution provides for one mechanism for amending the state's constitution—a legislative process. However, the state constitution does not mention a constitutional convention process, and the legislature has called constitutional conventions in the past.
Pennsylvania requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. A simple majority vote is also required during two successive legislative sessions for the Pennsylvania State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 102 votes in the Pennsylvania House of Representatives and 26 votes in the Pennsylvania State Senate, assuming no vacancies.
Any lawmaker can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it up for a vote. If a simple majority in the committee votes for the amendment, then it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it makes to the Pennsylvania Constitution in at least two newspapers in each county.
However, that’s only the first half of the process. The constitutional amendment then has to be introduced in the following session with the exact same language and go through the cycle again — both chambers must pass the amendment in committees. Once an amendment is placed on the ballot, it has a high chance of succeeding. Nearly 90% of proposed amendments have been approved by voters since 1968.
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Frequently asked questions
A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments in Pennsylvania.
Any lawmaker can introduce a constitutional amendment, but the chair of the committee must agree to bring it up for a vote. If a simple majority votes for the amendment, it moves to the floor of that chamber for consideration. The same process must then be repeated in the other chamber. Once both chambers have passed the amendment, the Pennsylvania Department of State advertises the exact language and the changes it makes to the Pennsylvania Constitution in at least two newspapers in each county. The amendment must then be introduced in the following session with the exact same language and go through the cycle again.
Nearly 90% of proposed amendments have been approved by voters since 1968. Since the current Pennsylvania Constitution went into effect in 1968, voters have rejected only six of 49 proposed amendments.
In 2021, voters approved four constitutional amendments: two limited the governor's power to declare and sustain a state of emergency, one enshrined protection against discrimination based on race, and one eliminated statewide elections for Pennsylvania's appellate judges.
