Simone Lawson
The US Constitution has only been amended 27 times, whereas state constitutions are amended regularly and are much easier to modify. The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention. A citizen-initiated amendment requires signatures from registered electors equal to 10% of the votes in the last gubernatorial election. A legislative process requires a two-thirds vote during a legislative session to place an amendment on the ballot. A state constitutional convention question automatically appears on Michigan's ballot every 16 years.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 3 |
| Ways to amend the constitution | Citizen-initiated process, legislative process, and state constitutional convention |
| Number of signatures required for an initiated constitutional amendment | 10% of the votes cast in the last gubernatorial election |
| Minimum votes required in the Michigan House of Representatives to place a constitutional amendment on the ballot | 74 |
| Minimum votes required in the Michigan State Senate to place a constitutional amendment on the ballot | 26 |
| Time period for the question of holding a state constitutional convention to appear on the state's ballot | Every 16 years |
| Time period between filing a petition and submitting it to the electors at the next general election | 120 days |
| Maximum word limit for the statement of purpose of the proposed amendment on the ballot | 100 words |
| Time period after the date of the election for the approved amendment to abrogate or amend existing provisions of the constitution | 45 days |
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What You'll Learn
Michigan Constitution amendment methods
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention.
Citizen-Initiated Process
In Michigan, citizens can propose constitutional amendments through a petition addressed to the registered electors of the state. The petition must include the full text of the proposed amendment and be signed by registered electors numbering at least 10% of the total vote cast for all candidates for governor in the last preceding general election. The petition should be filed at least 120 days before the election at which the proposed amendment will be voted on. If approved by a majority of the electors, the amendment becomes part of the constitution, abrogating or amending conflicting provisions within 45 days of the election.
Legislative Process
The Michigan State Legislature can place a constitutional amendment on the ballot with a two-thirds vote during a legislative session. This amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. Amendments referred by the legislature do not require the governor's signature.
State Constitutional Convention
According to Article XII, Section 3 of the Michigan Constitution, a question about holding a state constitutional convention automatically appears on the state's ballot every 16 years, starting in 1978. Michigan is one of 14 states that provide for an automatic constitutional convention question.
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Citizen-initiated amendment process
The Michigan Constitution can be amended through a citizen-initiated process, also known as an initiated constitutional amendment. This is a citizen-led ballot measure that amends a state's constitution. Michigan is one of 18 states that allow citizens to initiate constitutional amendments.
The process for a citizen-initiated amendment begins with a petition. The petition must include the full text of the proposed amendment and be signed by registered electors of the state. The number of signatures required is equal to at least 10% of the total vote cast for all candidates in the last gubernatorial election. The petition must be filed at least 120 days before the election at which the proposed amendment will be voted on. The petition must be filed with the person authorized by law to receive it, and this person will determine the validity and sufficiency of the signatures on the petition.
Once the petition has been deemed valid, the proposed amendment will be submitted to the electors at the next general election. The proposed amendment, along with the existing provisions of the constitution that would be altered, must be published in full and provided to news media. Copies must also be posted in each polling place. The ballot used in the election must contain a statement of the purpose of the proposed amendment, not exceeding 100 words, which is prepared by the authorized person. This statement must be a true and impartial description, creating no prejudice for or against the proposed amendment.
If the proposed amendment is approved by a majority of the electors voting, it will become part of the constitution. It will abrogate or amend existing provisions of the constitution 45 days after the date of the election at which it was approved. In the case of multiple conflicting amendments being approved by electors at the same election, the amendment with the highest affirmative vote will prevail.
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Legislative amendment process
The Michigan Constitution can be amended through a citizen-initiated process, a legislative process, and a state constitutional convention. This answer will focus on the legislative amendment process.
The legislative process for amending the Michigan Constitution involves the state legislature proposing and voting on potential amendments. This process requires a two-thirds vote during a single legislative session for the Michigan State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. It is important to note that amendments do not require the governor's signature to be referred to the ballot.
To initiate the legislative amendment process, a proposal for an amendment is introduced in the state legislature. The proposal must gain the support of a minimum number of legislators, which can vary depending on the state's requirements. Some states require only a majority vote, while others mandate a supermajority legislative support, such as a three-fifths or two-thirds vote. In Michigan, the requirement is a two-thirds vote during a single legislative session.
Once the proposal has secured the necessary legislative support, it is placed on the ballot for the next general election. The specific procedures for placing an amendment on the ballot may vary from state to state. However, in Michigan, the amendment proposal, along with the existing constitutional provisions that would be altered, must be published and made available to the public before the election. This information is also provided at each polling place and furnished to the news media.
During the election, voters have the opportunity to approve or reject the proposed amendment. In Michigan, a simple majority vote is required for voter approval of a constitutional amendment. If the proposed amendment receives a majority of votes in favour, it becomes part of the constitution and supersedes or amends any conflicting existing provisions.
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State constitutional convention
The Michigan Constitution has been amended several times since its creation, with the current constitution being adopted in 1963. The constitution can be amended by petition and vote of electors (registered voters).
A constitutional convention is called when, starting in 1978 and every 16 years thereafter, the electors of the state are asked whether the constitution should be revised, and a majority vote finds this to be the case. The convention chooses its own officers, determines the rules of its proceedings, and judges the qualifications, elections, and returns of its members. The governor can appoint a qualified resident to fill a vacancy in the office of any delegate. The convention has the power to appoint officers, employees, and assistants, as well as to provide for the printing and distribution of its documents, journals, and proceedings.
Each delegate receives compensation for their services, and any proposed constitution or amendments adopted by the convention must be submitted to the qualified electors for approval. Upon approval by a majority of electors, the constitution or amendments take effect as provided by the convention.
Michigan has held several constitutional conventions in the past, including in 1835, 1850, 1867, 1907-1908, and 1961-1962. The 1835 convention resulted in the adoption of the state's first constitution, which included major changes such as making several offices elected rather than appointed. The 1850 convention resulted in a proposed constitution that was rejected by voters. The 1907-1908 convention led to the adoption of the 1908 Constitution, which was followed by the current 1963 Constitution.
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Requirements for voter approval
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention.
Citizen-Initiated Process
Amendments may be proposed to the Michigan Constitution by petition of the registered electors of the state. Every petition shall include the full text of the proposed amendment and be signed by registered electors of the state equal in number to at least 10% of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected. Such petitions shall be filed with the person authorized by law to receive them at least 120 days before the election at which the proposed amendment is to be voted upon. The person authorized by law to receive such a petition shall, upon its receipt, determine the validity and sufficiency of the signatures on the petition.
Any amendment proposed by such petition shall be submitted, not less than 120 days after it was filed, to the electors at the next general election. The ballot to be used in such an election shall contain a statement of the purpose of the proposed amendment, expressed in not more than 100 words, exclusive of the caption. If the proposed amendment is approved by a majority of the electors voting on the question, it shall become part of the constitution and shall abrogate or amend existing provisions of the constitution at the end of 45 days after the date of the election at which it was approved.
Legislative Process
A two-thirds vote is required during one legislative session for the Michigan State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
State Constitutional Convention
According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 16 years starting in 1978. Michigan is one of 14 states that provides for an automatic constitutional convention question.
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Frequently asked questions
There are three ways to amend the Michigan Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
Amendments may be proposed by petition of the registered electors of the state. The petition must include the full text of the proposed amendment and be signed by registered electors equal to at least 10% of the total vote cast for all candidates for governor in the last preceding general election. The petition shall be filed at least 120 days before the election at which the proposed amendment is to be voted upon. If the proposed amendment is approved by a majority of the electors, it shall become part of the constitution.
A two-thirds vote is required during one legislative session for the Michigan State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate. Amendments do not require the governor's signature to be referred to the ballot.
