Isabella Carter
In the United States, constitutional amendments on a ballot refer to proposed changes to a state's constitution. These amendments are placed on the ballot through citizen initiatives, legislative processes, or automatically by a special commission or state constitutional convention. Legislatures in 49 out of 50 states require voter approval to amend their state constitutions. The process and requirements for amending state constitutions vary across states. For example, Alabama requires a 60% vote from both chambers of the state legislature, while Alaska mandates a simple majority vote of 50% plus one. The content of constitutional amendments on ballots also varies, such as voting rights, absentee voting, and term limits.
| Characteristics | Values |
|---|---|
| State | Alabama, Alaska, Arizona, Connecticut, Delaware, Mississippi, Montana, Nevada, North Carolina, North Dakota, Pennsylvania, South Carolina, South Dakota, Tennessee |
| Legislative referral | Required in 49 out of 50 states |
| Legislative sessions | Varies from state to state |
| Affirmative vote | Varies from 50.01% to 66.67% |
| Voter approval | Required in 49 out of 50 states |
| Ballot measure type | Citizen initiatives, legislative processes, special commission, state constitutional convention |
| Example amendments | No-excuse absentee voting, right to abortion, require voter identification, 60% vote requirement for constitutional amendments |
| Historical context | 15th Amendment (1870) gave African American men the right to vote; 19th Amendment (1920) gave women the right to vote; 24th Amendment (1964) eliminated poll taxes |
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What You'll Learn
Voter approval requirements
The ballot initiative process usually involves gathering a certain number of signatures from registered voters to qualify a proposed measure for the ballot. This step represents a critical stage, as it ensures that the initiative has sufficient support before being placed before the general electorate. The number of signatures required is often a percentage of the total votes cast in the previous election or a fixed minimum number. Once the required number of valid signatures is verified, the initiative is then placed on the ballot during the next general election or a special election.
On the ballot, the initiative is presented to voters, who can then choose to approve or reject it. The specific wording and language used in presenting the initiative on the ballot can significantly impact how voters perceive and ultimately decide on the measure. In some cases, a supermajority vote (a percentage higher than a simple majority) may be required for the initiative to pass, especially for constitutional amendments.
After the election, the outcome of the initiative is determined by the votes cast. If approved, the initiative becomes law or is added as an amendment to the constitution, depending on the type of initiative. The legislative body or local government may need to take further action to implement the approved initiative, such as passing enabling legislation or allocating necessary funds. If the initiative is rejected by voters, it does not become law, and the status quo is typically maintained.
The voter approval process is a powerful tool that enables citizens to have a direct influence on public policy. It allows them to propose and enact laws that reflect their values and priorities. However, it is important to acknowledge the challenges and criticisms associated with this process. Some argue that complex policy decisions may be made without thorough study or consideration of potential unintended consequences. Additionally, the signature-gathering process and placing initiatives on the ballot can favour well-organised and well-funded interest groups. Nonetheless, voter approval requirements remain a significant mechanism for direct democracy, empowering voters to shape the laws and policies that govern them.
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Legislative processes
The legislative processes for getting constitutional amendments on the ballot vary from state to state. Legislatively referred constitutional amendments are a type of legislative referral that amends a state's constitution. In 49 out of 50 states, legislatures are required to seek voter approval to amend their state constitutions. Delaware is the only state that does not require voter approval for state constitutional amendments.
Legislatively referred constitutional amendments can be placed on the ballot in several ways. Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. In Massachusetts, citizen-initiated amendments must secure support from a quarter of the legislature, voting in two consecutive sessions, before they can appear on the ballot. Once citizen-initiated amendments qualify for the ballot, they are generally ratified by a simple majority of voters in most states and by a supermajority of voters in several states. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
Constitutional conventions are another way to propose constitutional amendments. In most states, a majority legislative vote is needed to call a convention referendum, while a supermajority legislative vote is required in other states. In four states, it is possible to bypass the legislature and call a convention through the initiative process. Additionally, 14 states require referendums on calling a convention to appear on the ballot automatically at periodic intervals ranging from 10 to 20 years.
Florida is unique in allowing constitutional commissions to submit amendments directly to voters. The state's Constitution Revision Commission and Taxation and Budget Reform Commission meet every 20 years, staggered so that a commission meets every 10 years, and can propose constitutional amendments.
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State constitutional conventions
A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to a state constitution. As of 2023, 233 constitutional conventions have been held to deliberate on state-level constitutions in the United States.
In most states, the process for calling a constitutional convention is established in their constitution, and states use a wide range of approaches. In 13 states, a recurring ballot measure automatically gives voters a chance to call for a convention without collecting signatures or seeking legislative approval. People in Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island automatically have the chance to vote for a convention every 10 years. The question appears on ballots in Michigan every 16 years. In Connecticut, Illinois, Maryland, Missouri, Montana, New York, Ohio, and Oklahoma, voters consider whether to hold a convention every 20 years. No state has used this mechanism to initiate a convention since 1984, when Rhode Island voters approved the question and held a convention two years later. Some states authorize the legislature to pose the question of whether to call a constitutional convention to the people.
In Alabama, a 60% vote is required from both chambers of the state legislature during one legislative session to place a constitutional amendment on the ballot. A simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention, and any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
According to Article XVI, the state legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. Amendments do not require the governor's signature to be referred to the ballot. According to Section 2 of Article XXI of the Arizona Constitution, the state legislature can only call for a convention if it is approved by the electorate in a statewide vote. Any amendments, revisions, or proposals of the Constitution require a simple majority vote by the electorate.
The Alaska Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Alaska requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. A two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session is needed to refer a constitutional amendment to the ballot. Amendments do not require the governor's signature to be referred to the ballot.
Article V of the United States Constitution also authorizes conventions to propose amendments, but this method has never been used.
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Voting rights
The 15th Amendment, ratified in 1870, granted all male citizens the right to vote, regardless of their race, ethnicity, or previous status as slaves. This amendment overturned previous voter eligibility requirements that demanded voters be white males who owned property of a certain value. Despite this amendment, many African American men were still unable to exercise their right to vote due to discriminatory practices and laws such as poll taxes, literacy tests, and the rise of the Ku Klux Klan in the Southern states.
The 19th Amendment, ratified in 1920, prohibited states from denying the right to vote based on sex, securing this right for women. This was the culmination of a long battle for women's suffrage, involving generations of reformers working to push for change at the national, state, and local levels.
The 24th Amendment, ratified in 1964, removed another barrier to voting by prohibiting poll taxes, which had been used in some states to prevent African Americans from voting in federal elections. The Voting Rights Act of 1965 further secured voting rights for adult citizens of all races and genders by enforcing these amendments and prohibiting voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English.
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18, ensuring that citizens of the United States who are 18 years of age or older cannot be denied the right to vote based on their age.
Federal laws, such as the Help America Vote Act (HAVA) of 2002, have also played a role in protecting voting rights and making it easier for citizens to exercise their right to vote by authorising federal funding for elections and creating the US Election Assistance Commission (EAC) to help states adopt minimum standards for voter education, registration, and ballots.
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Voter identification
States have varying voter ID laws, with some strictly requiring a photo ID and others not requiring any ID at all. For instance, Wisconsin's Question 1, the Voter Photo ID Amendment, was on the ballot in April 2025 as a legislatively referred constitutional amendment and was approved. It required photo identification issued by the federal or state government, by a federally recognized American Indian tribe or band in Wisconsin, or by a college or university in the state. Similarly, Nevada Question 7, the Require Voter Identification Initiative, was on the ballot in 2026. Between 2004 and 2024, voters in nine states decided on 10 ballot measures related to voter identification, with six states adding a photo ID requirement to their constitutions.
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments, with 16 of these states employing direct initiatives that go directly to voters, and the remaining two states using indirect initiatives that go to the state legislature first. To get on the ballot, proponents of a ballot initiative must collect petition signatures from a certain minimum number of registered voters in a state. The number of signatures required varies, with some states needing 49,660 valid signatures, while others require 232,072 valid signatures.
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Frequently asked questions
A constitutional amendment is a change to the wording of a constitution.
The process of getting a constitutional amendment on the ballot varies from state to state. In some states, a simple majority vote is required during one legislative session for the state legislature to place a constitutional amendment on the ballot. In other states, a two-thirds vote is required. In 49 of 50 states, voter approval is required to amend a state constitution.
Voters can choose to vote for or against the amendment. If a majority of voters approve the amendment, it becomes part of the state constitution.
