Eleanor Finch
The US Constitution has been amended several times to protect voting rights and ensure fair elections. Amendments to the Constitution can be proposed by legislatures or through citizen initiatives, and most states require voter approval for these amendments to be ratified. Over the years, various constitutional amendments have been placed on the ballot to address specific issues, such as voting rights, election procedures, and eligibility requirements. These amendments are designed to uphold democratic values and ensure that all citizens have a say in how they are governed.
| Characteristics | Values |
|---|---|
| Number of states requiring voter approval for state constitutional amendments | 49 |
| Number of states not requiring voter approval for state constitutional amendments | 1 (Delaware) |
| Number of states allowing citizens to initiate constitutional amendments | 18 |
| Example of ballot question | Shall the Constitution of the State be amended to permit the General Assembly to allow each voter to vote by absentee ballot? |
| Example of explanatory text | The General Assembly may provide by law for voting in the choice of any officer to be elected or upon any question to be voted on at an election by qualified voters of the state who are unable to appear at the polling place on the day of election |
| Example of a legislatively referred constitutional amendment | Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment (May 2026) |
| Example of an initiated constitutional amendment | Nevada Question 7, Require Voter Identification Initiative (2026) |
| Example of a commission-referred ballot measure | Arizona: commission can refer statutes related to government salaries |
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What You'll Learn
Voter approval for constitutional amendments
Voter approval is required for constitutional amendments in 49 out of 50 states in the US. Delaware is the only state that does not require voter approval for constitutional amendments. The process of amending state constitutions through referred ballot measures varies across states.
Legislatures can propose state constitutional amendments, and 18 states also allow citizens to initiate constitutional amendments. Proponents of a ballot initiative must collect petition signatures from a certain minimum number of registered voters in a state. For example, in Mississippi, a 6-3 decision by the state Supreme Court in 2021 stated that it is impossible for any petition to meet the state's distribution requirements.
The rules and procedures for placing constitutional amendments on the ballot differ between states. There are three main differences: the number of legislative sessions that a legislature must vote on a constitutional amendment; the size of the affirmative vote in each legislative chamber; and whether voter approval is the final step leading to ratification. For instance, in South Carolina, when voters approve a constitutional amendment, it returns to the state legislature for a second approval.
Some states have specific requirements regarding voter approval. For example, in New Jersey, if voters reject a proposed constitutional amendment, the same or a similar amendment cannot be referred to voters until the third general election thereafter. In Pennsylvania, a rejected amendment cannot be referred to voters for at least five years.
Suffrage and the Constitution: Amendments for Voting Rights
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Voting rights and discrimination
The Voting Rights Act of 1965 was a significant piece of legislation that prohibited voter discrimination based on race, colour, or membership in a language minority group. It mandated that certain jurisdictions provide election materials in languages other than English. Additionally, it imposed restrictions on states with a history of voter discrimination, requiring them to obtain federal approval before enacting voter restrictions.
Despite these advancements, the fight for voting rights and against discrimination continues. In recent years, several states have proposed or enacted voter identification requirements, which have been criticised for potentially disenfranchising voters from minority groups. These requirements often face legal challenges, reflecting the ongoing struggle to ensure equal voting rights for all citizens.
The right to vote has been a hard-won achievement for many Americans, and it remains a highly contested issue. While the Constitution and various amendments have provided a framework for protecting voting rights, the interpretation and implementation of these rights vary across states, and discrimination in voting continues to be a concern.
To address these challenges, some states have introduced initiatives to expand voting rights. For example, the proposed constitutional amendment in North Carolina, which will appear on the ballot in 2026, aims to require voter identification. Supporters argue that this will enhance election integrity, while critics worry about potential voter disenfranchisement. Similarly, Nevada's "Question 7" on the 2026 ballot seeks to require voter identification, sparking similar debates. These conflicting perspectives on voting rights and discrimination highlight the ongoing efforts to balance electoral integrity with accessibility and inclusivity.
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State-specific ballot measures
There are three main differences in the procedures for placing constitutional amendments on the ballot: the number of legislative sessions that a legislature must vote on a constitutional amendment; the size of the affirmative vote required in each legislative chamber; and whether voter approval is the final step leading to ratification. For example, in South Carolina, after voters approve a constitutional amendment, it returns to the state Legislature for a second approval.
Additionally, 18 states allow citizens to initiate constitutional amendments through ballot initiatives. These states include Alabama, Louisiana, and Maryland, as well as Massachusetts and Mississippi. Citizens proposing a ballot initiative must collect petition signatures from a certain minimum number of registered voters. However, the specific requirements can vary, as seen in Mississippi, where the state's distribution requirement for signatures has been deemed impossible to meet since 2001 due to congressional reapportionment.
Some specific state-level ballot measures for the 2026 elections include:
- North Carolina's "Require Voter Identification Amendment"
- North Dakota's "60% Vote Requirement for Constitutional Amendments Measure" and "State Legislative Term Limits Amendment"
- South Dakota's "Constitutional Amendment I, Medicaid Expansion Conditioned on 90% Federal Funding Amendment" and "Constitutional Amendment J, Citizenship Voting Requirement Amendment"
- Alabama's "Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment"
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Legislative processes for amendments
The legislative processes for amending the US Constitution are outlined in Article V of the Constitution. Amending the Constitution is intentionally difficult and time-consuming, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come".
There are two methods for proposing amendments, both of which require approval from two-thirds of both houses of Congress. Firstly, Congress can propose an amendment in the form of a joint resolution, which does not require the President's signature or approval. This method has been used for all 33 amendments submitted to the states for ratification. Secondly, Congress can call a convention for proposing amendments upon the request of two-thirds of state legislatures. This method has never been used.
Once an amendment is proposed, it must be ratified to become part of the Constitution. There are two methods for ratification, which are determined by Congress. The first method is for the amendment to be ratified by the legislatures of three-quarters of the states (38 out of 50 states). The second method is for the amendment to be ratified by conventions in three-quarters of the states. This method has only been used once in American history, with the 1933 ratification of the Twenty-First Amendment.
The process for amending state constitutions varies across the 50 states. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. In 10 states, the easiest route to legislative approval is to permit approval by a majority vote in a single session. In some states, citizens can also propose amendments through a constitutional initiative process, which usually requires collecting a certain number of signatures from registered voters.
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Constitutional amendment initiatives
A constitutional amendment is a change to a federal or state constitution. In the US, 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.
Legislatures can propose state constitutional amendments, and Congress can propose amendments to the US Constitution. Additionally, 18 states allow citizens to initiate constitutional amendments through ballot initiatives. In these states, proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters. This is known as an Initiated Constitutional Amendment (ICA), and it can be direct or indirect. Of the 18 states that provide for ICAs, 16 use direct ICAs, while Massachusetts and Mississippi use indirect ICAs.
Some states have specific requirements for voter approval of constitutional amendments. For example, in Alabama, Louisiana, and Maryland, there are specific provisions regarding voter approval. In South Carolina, when voters approve a constitutional amendment, it returns to the state legislature for a second approval. In New Jersey, if voters reject a proposed amendment, the same or a similar amendment cannot be referred to voters until the third general election thereafter. In Pennsylvania, a rejected amendment cannot be referred to voters for at least five years.
Examples of legislatively referred constitutional amendments on ballots include:
- North Carolina's "Require Voter Identification Amendment" (2026)
- Alabama's "Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment" (May 2026)
- Nevada's "Question 7, Require Voter Identification Initiative" (2026)
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Frequently asked questions
A constitutional amendment is a change to a federal or state constitution.
Amendments can be proposed by legislatures or by citizens through ballot initiatives. In the US, 49 out of 50 states require voter approval for state constitutional amendments. Delaware is the only state that does not require voter approval.
Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state. Once enough signatures are collected, the initiative may be placed on the ballot for voter approval.
Yes, some states have specific rules and procedures for proposing amendments. For example, in Illinois, the General Assembly cannot propose amendments when a state constitutional convention has been called.
Examples include the North Carolina Require Voter Identification Amendment (2026) and the Alabama Prohibit Diminishing District Attorney Compensation During Term of Office Amendment (May 2026).
