Isabella Carter
In the United States, the process of voting for constitutional amendments varies from state to state. For example, in California, a ballot proposition is a referendum or initiative measure that is put before the electorate for a direct vote. These measures can be placed on the ballot by the state legislature or via a petition signed by registered voters. On the other hand, in Louisiana, the Secretary of State is responsible for qualifying candidates, preparing and certifying ballots, and administering election laws. For instance, in the March 2025 Municipal Election Ballot, voters were asked to decide on four constitutional amendments, including one that concerned the power to decide which crimes should qualify for juveniles to be tried as adults. Understanding the specific processes and requirements for voting on constitutional amendments in your state is crucial to effectively exercising your democratic rights.
| Characteristics | Values |
|---|---|
| Location | California, Louisiana |
| Ballot Proposition | Referendum or initiative measure |
| Minimum Signatures for Initiative Petition | 8% for an amendment to the state constitution, 5% for a statute |
| Minimum Signatures for 2020 and 2022 | 997,139 for a proposed constitutional amendment, 623,212 for a proposed statute |
| Ballot Decision | "Yes" or "No" |
| Majority Required | More than 50% |
| Ballot Amendments | Louisiana State Taxation Policy Amendment, Louisiana Allow Legislature to Create Trial Courts of Specialized Jurisdiction and Provide Supreme Court Original Jurisdiction to Discipline Out-of-State Lawyers Amendment |
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What You'll Learn
Ballot structure
In Louisiana, the ballot structure for constitutional amendments is straightforward. Voters are presented with a list of proposed amendments, each with a brief description, and are asked to vote "yes" or "no" on each amendment. The number of amendments on the ballot can vary, but for the March 29, 2025, Municipal Election Ballot, there were four constitutional amendments up for a vote.
The process for placing an amendment on the ballot in Louisiana involves the state legislature or citizen initiatives. Legislatively referred constitutional amendments are proposed by the state legislature and placed on the ballot for voter approval. Citizen initiatives, on the other hand, require a petition with a minimum number of signatures before they can be placed on the ballot. The specific requirements for citizen initiatives in Louisiana are not readily available, but in California, for example, the minimum number of signatures for a constitutional amendment initiative is 997,139, which is 8% of the voters from the most recent gubernatorial election.
Once an amendment is on the ballot, voters decide whether to approve or reject it. In Louisiana, over 50% of the votes must support an amendment for it to pass. This is similar to California, where the majority of voters voting on that proposition must approve it for it to pass. It's important to note that ballots with no clear "yes" or "no" vote are ignored in California.
The ballot structure for constitutional amendments can vary slightly from state to state, but the fundamental process involves presenting voters with a list of proposed amendments and asking them to vote in favour or against each one. The specific wording and format of the ballot may differ, but the goal is to provide voters with clear options to express their preferences for changing or keeping the existing constitution.
Additionally, the naming and numbering of ballot propositions can vary. For instance, in California, propositions originating from the state legislature and citizen initiatives have different numbering schemes. Since 2022, propositions from the legislature start at one each year, while citizen initiatives retain a numbering scheme that resets every ten years. This helps avoid confusion and ensures voters can clearly identify the different propositions they are voting on.
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Juvenile justice
On March 29, 2025, Louisiana residents will vote on four proposed amendments to the state constitution, including Amendment 3, which deals with how juveniles are treated in the criminal justice system.
Currently, the Louisiana Constitution defines a list of felony crimes for which juveniles age 16 and younger can be charged as adults. These include 14 violent offenses, such as murder, rape, and armed robbery. Amendment 3 would remove this list and give state lawmakers the authority to decide that juveniles can be charged as adults for any felony offense. This would allow lawmakers to add other felonies to the list without voters' permission.
Proponents of Amendment 3 argue that it will give the legislature the ability to address the most serious juvenile crimes that threaten community safety and security. They believe that the current restrictions make it difficult to respond effectively to modern public safety concerns and evolving crime trends.
Opponents of Amendment 3 include several retired Louisiana juvenile justice and prison officials, who argue that sending more children to adult prisons is not good policy. They emphasize the importance of considering teenagers' lack of brain development, which contributes to poor judgment and offenses that they may not commit as adults. The U.S. Supreme Court has also recognized this brain science, limiting criminal sentences for minors and abolishing the death penalty and life sentences for all crimes except murder for adolescent defendants.
Other key considerations regarding Amendment 3 include the potential fiscal impact and the balance between public safety and the rights of juvenile offenders. It is essential for voters to carefully consider these factors and the potential consequences of the amendment before casting their votes.
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Louisiana State Taxation Policy Amendment
Louisiana Amendment 2, the State Tax and Fiscal Policy Changes Amendment, was on the ballot in March 2025. This amendment was proposed as part of a package of bills, supported by Governor Jeff Landry, to change the state's taxation policy. The amendment would have made changes to the state's income tax, sales tax, property tax, fiscal policies, and government spending regulations.
The amendment would have decreased the maximum income tax rate provided in the state constitution from 4.25% to 3.75%. Louisiana's graduated income tax would have been altered, with three brackets: 1.85% on the first $12,500, 3.5% on the next $37,500, and 3.75% on income over $50,000. The amendment also included provisions to eliminate corporate income tax brackets and establish a flat tax rate of 5.5% for corporations, effective January 1, 2025. A $20,000 corporate standard deduction would have been created.
Other key changes included in the amendment were the repeal of the corporation franchise tax for taxable periods beginning on or after January 1, 2026, and the application of state sales tax to digital products, effective January 1, 2025. The amendment also included plans to restructure and increase oil and gas fees. The definition of the sales price would have been updated to include transport and delivery charges for sales tax calculations.
In addition to the changes outlined above, the constitutional amendment also impacted individuals over the age of 65 by doubling their standard deduction to $25,000 each. This change took effect on January 1, 2025, along with all other income tax alterations.
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Louisiana Supreme Court jurisdiction
The Supreme Court of Louisiana is the highest court and court of last resort in the state. It is composed of seven justices, with one justice elected from each of the seven Supreme Court Districts. Each justice serves a term of 10 years. The Chief Justice is not elected separately from the other justices, but rather, the justice with the greatest seniority on the Court serves as Chief Justice.
The Louisiana Supreme Court has original jurisdiction over matters arising from disciplinary cases involving the bench and bar. The Court also has exclusive appellate jurisdiction over any case where a law or ordinance of the state has been declared unconstitutional, or when a defendant has been convicted of a capital crime and the death penalty has been imposed. In all other matters, the Court has regular appellate jurisdiction from the lower Courts of Appeals. Death penalty appeals are automatic.
The Louisiana Supreme Court has discretionary jurisdiction over all cases other than those involving the death penalty. This means that the Court can choose whether to review a case. The Court also has general supervisory and rule-making authority over all the lower state courts.
The Louisiana Supreme Court's jurisdiction has been expanded over time. The 1868 Constitution expanded its jurisdiction in civil cases to include nearly all types of cases. The 1879 Constitution gave the Supreme Court supervisory power over inferior courts and further expanded the Court's jurisdiction in 1898, granting it original jurisdiction over the bar.
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The Governor's role
State constitutions and laws offer governors some formal tools that they can use in their legislative leader roles. These include the veto power (package, line-item, reduction, amendatory, and pocket), the power to present a state address, and the power to prepare and administer the budget. Governors may also use their role as party leaders to encourage support for legislative initiatives. They may seek to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.
In the context of constitutional amendments, governors may champion certain amendments, using their influence to encourage support for them. However, the ultimate decision-making power lies with the voters, who may accept or reject the amendments. For example, Louisiana voters rejected four constitutional amendments championed by Republican Governor Jeff Landry related to crime, courts, and finances.
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Frequently asked questions
In California, a ballot proposition is a referendum or initiative measure that is submitted to the electorate for a direct vote. If passed, it can alter the articles of the Constitution of California, the 29 California Codes, or another law in the California Statutes.
Measures can be placed on the ballot by the California State Legislature or via a petition signed by registered voters. The minimum number of signatures for an initiative petition is at least 8% (for an amendment to the state constitution) or 5% (for a statute) of the number of people who voted in the most recent election for governor.
Ballots that record neither a "yes" nor a "no" on the proposition are ignored. Of the remaining votes, “yes” votes must exceed “no” votes for the proposition to pass.
Some examples of constitutional amendments proposed or adopted in Louisiana include the Louisiana State Taxation Policy Amendment and the amendment regarding the trial of juveniles as adults.
You can refer to the Public Affairs Research Council's website, which provides a guide to the proposed and adopted amendments to Louisiana's 1974 Constitution, including the number of amendments on the ballot, ballot order, election results, and other information.
