Isabella Carter
Constitutional amendments on the ballot are proposals to change a state's constitution. In 49 of the 50 states in the US, voter approval is required to amend a state constitution. Ballot measures can be placed on the ballot through citizen initiatives or legislative processes. Some examples of constitutional amendments on the ballot include North Dakota's 60% Vote Requirement for Constitutional Amendments Measure and South Dakota's Citizenship Voting Requirement Amendment.
| Characteristics | Values |
|---|---|
| Number of legislative sessions that a legislature must vote on a constitutional amendment | Varies by state |
| Size of the affirmative vote in each legislative chamber | Varies by state, e.g., 50.01%, 60.00%, or 66.67%% |
| States requiring voter approval of constitutional amendments | 48 out of 50 states |
| State with additional requirements after voter approval | South Carolina |
| States with specific requirements regarding voter approval | Alabama, Louisiana, Maryland |
| State not allowing the General Assembly to propose constitutional amendments during an election | Illinois |
| State with restrictions on proposing the same or similar amendment after rejection | New Jersey (until the third general election thereafter) |
| State with a time restriction on proposing the same amendment after rejection | Pennsylvania (5 years) |
| States providing for initiated constitutional amendments | 26 states |
| States with initiated constitutional amendments on the ballot in 2026 | North Dakota, South Dakota, Tennessee, Nevada |
| Example ballot question for a constitutional amendment | Shall the Constitution of the State be amended to permit the General Assembly to allow each voter to vote by absentee ballot? |
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What You'll Learn
Voter approval requirements
In South Carolina, a unique process exists where voter approval of a constitutional amendment is followed by a second approval from the state legislature. Some states, like Illinois, have restrictions on proposing constitutional amendments during specific periods, such as when a state constitutional convention is in session. Other states, such as New Jersey and Pennsylvania, have rules regarding the timeframe for reintroducing proposed constitutional amendments after they have been rejected by voters.
Ballot measures can be placed on the ballot through various methods. Most commonly, they are placed through citizen initiatives or legislative processes. In some cases, ballot measures are automatically placed on the ballot by a special commission or a state constitutional convention. Certain states, like Nevada, require specific signature requirements to be met for ballot initiatives.
Looking ahead to the 2026 ballot, several states have constitutional amendments on the agenda. For example, North Dakota will vote on the 60% Vote Requirement for Constitutional Amendments Measure, the Single-Subject Requirement for Constitutional Amendments Measure, and the State Legislative Term Limits Amendment. Similarly, South Dakota will vote on Constitutional Amendment I, which pertains to Medicaid expansion, and Constitutional Amendment J, which addresses citizenship voting requirements.
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Voting rights
The 15th Amendment, ratified in 1870, granted all male citizens the right to vote, regardless of their race or prior slave status. This amendment prohibited the denial or abridgement of the right to vote on account of race, colour, or previous condition of servitude. However, despite this amendment, many African American men were unable to exercise their right to vote due to discriminatory practices such as literacy tests, poll taxes, and the intimidation of voters by the Ku Klux Klan.
The 19th Amendment, ratified in 1920, extended voting rights to women, banning discrimination at the ballot box based on sex. The battle for women's suffrage was a long and arduous one, involving generations of reformers working for change at the national, state, and local levels.
The 24th Amendment, ratified in 1964, explicitly banned poll taxes, which had been used to disenfranchise low-income citizens of all races. The Voting Rights Act of 1965 further prohibited voter discrimination based on race, colour, or membership in a language minority group. It required certain places to provide election materials in languages other than English and placed limits on states with a history of voter discrimination.
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18, guaranteeing the right of citizens of the United States who are eighteen years of age or older to participate in elections.
In addition to these constitutional amendments, federal laws such as the Help America Vote Act (HAVA) of 2002 authorised federal funding for elections and established the U.S. Election Assistance Commission (EAC) to help states adopt minimum standards for voter education, registration, and ballots. The Voting Accessibility for the Elderly and Handicapped Act of 1984 ensured that polling places were accessible to people with disabilities.
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State-specific rules
In the United States, state-specific rules govern the process of placing constitutional amendments on the ballot. While voter approval is required in most states to amend a state constitution, the specific procedures and requirements vary across states. Here are some examples of state-specific rules:
Illinois
The General Assembly in Illinois cannot propose constitutional amendments when a state constitutional convention has been called. This restriction remains in place until an election is held on the proposed amendments from the convention.
New Jersey
In New Jersey, if voters reject a proposed constitutional amendment, neither the same nor a similar amendment can be presented to voters again until the third general election after the rejection.
Pennsylvania
Similar to New Jersey, Pennsylvania also imposes a restriction on proposing constitutional amendments after a rejection by voters. However, the amendment cannot be referred to voters again for at least five years.
North Dakota
North Dakota has several constitutional amendments on its 2026 ballot. These include the 60% Vote Requirement for Constitutional Amendments Measure, the Single-Subject Requirement for Constitutional Amendments Measure, and the State Legislative Term Limits Amendment.
South Dakota
South Dakota has multiple constitutional amendments scheduled for a vote in 2026. This includes Amendment I, which addresses Medicaid expansion, and Amendment J, the Citizenship Voting Requirement Amendment.
Tennessee
Tennessee will also have several constitutional amendments on the ballot in 2026. One of these is Marsy's Law, a crime victims' rights amendment, and another seeks to prohibit state property taxes.
These examples demonstrate the diverse nature of state-specific rules regarding constitutional amendments on the ballot. Each state has its own unique procedures and requirements, reflecting the decentralized nature of the American electoral system.
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Ballot measure types
Ballot measures are placed on the ballot in several ways, including through citizen initiatives, legislative processes, automatically, by a special commission, or by a state constitutional convention. Here are some of the key types of ballot measure types:
Legislatively Referred Constitutional Amendments
In 49 out of 50 states, voter approval is required to amend a state constitution. The specific rules and procedures for placing constitutional amendments on the ballot vary by state. For example, in Illinois, the General Assembly cannot propose constitutional amendments when a state constitutional convention has been called. In contrast, in New Jersey, if voters reject a proposed amendment, a similar amendment cannot be referred to voters until the third general election thereafter.
Initiated Constitutional Amendments
Initiated constitutional amendments are a type of ballot measure where citizens initiate the process of amending the state constitution. Twenty-six states provide citizens with the power of initiative, allowing them to propose and vote on amendments directly or indirectly. For example, in Nevada, the "Require Voter Identification Initiative" is on the 2026 ballot. The process typically involves gathering a certain number of signatures to place the initiative on the ballot, with some states requiring multiple rounds of signatures.
Automatic Ballot Measures
Some ballot measures are placed on the ballot automatically, without requiring citizen initiatives or legislative referral. These measures may be placed on the ballot by a special commission or a state constitutional convention.
Special Commission Referrals
In some cases, ballot measures may be referred to voters by a special commission. These commissions may be tasked with reviewing and proposing specific types of measures, such as those related to a particular issue or area of concern.
State Constitutional Convention Referrals
Ballot measures can also be referred to voters through a state constitutional convention. This process allows for the direct participation of citizens in proposing and drafting amendments to the state constitution.
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Legislative processes
Legislatively referred constitutional amendments are a legislative referral that amends a state's constitution. Legislatures are required to seek voter approval to amend their state constitutions in 49 out of 50 states. Delaware is the only state that does not require voter approval for state constitutional amendments. The legislative rules and procedures for changing state constitutions through a referred ballot measure vary from state to state.
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state. Of the 18 states that provide for initiated constitutional amendments, these measures are direct in 16 states and indirect in two states: Massachusetts and Mississippi. While a direct initiative goes to voters, an indirect initiative goes to the state legislature, which can take various actions on the proposal before it goes to voters.
A convention-referred constitutional amendment is a constitutional amendment that a state constitutional convention proposes and requires voter approval to become part of a state's constitution. A commission-referred ballot measure is a ballot measure that a commission votes to place on the ballot. These ballot measures, depending on the commission's powers, could be constitutional amendments or statutes. Florida is unique in allowing constitutional commissions to submit amendments directly to voters.
Congress can propose an amendment to the U.S. Constitution. A two-thirds vote is required in both the U.S. House of Representatives and the U.S. Senate. Then, three-fourths of the state legislatures must approve the amendment. States can propose amendments to the U.S. Constitution. When two-thirds of the state legislatures call for a federal constitutional convention, Congress must provide for a constitutional convention. Delegates at the convention can propose amendments to the U.S. Constitution. Then, when delegates agree to amendments, the amendments are referred to the states. At least three-fourths of the states must approve an amendment, either through the legislative process or the state convention process.
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Frequently asked questions
Here are some constitutional amendments that are on the ballot in 2026:
- North Dakota 60% Vote Requirement for Constitutional Amendments Measure.
- North Dakota Single-Subject Requirement for Constitutional Amendments Measure.
- Tennessee Marsy's Law Crime Victims Rights Amendment.
- Nevada Question 7, Require Voter Identification Initiative.
A constitutional amendment is a change or addition to the constitution, which is the supreme law of a country.
Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. In 49 out of 50 states, voter approval is required to amend a state constitution. States have different rules and procedures for how legislatures can place constitutional amendments on the ballot.
Yes, there may be restrictions in certain states. For example, in Illinois, the General Assembly cannot propose constitutional amendments when a state constitutional convention has been called. In New Jersey, if voters reject a proposed amendment, a similar amendment cannot be referred to voters until the third general election thereafter.
Some examples of constitutional amendments that protect voting rights include the 15th Amendment, which granted African American men the right to vote in 1870, and the 19th Amendment, which granted women the right to vote in 1920. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to restrict voting access.
