Omar Bennett
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. In the US, there are 18 states that allow citizens to initiate constitutional amendments, with a further 8 states providing citizens with the power of initiative, referendum, or both. The process of initiating constitutional amendments varies, with some states requiring petition signatures from a certain minimum number of registered voters, while others may require a majority vote or supermajority vote. Once an amendment is proposed, it is sent to the relevant legislative body for consideration and ratification.
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What You'll Learn
Citizen-initiated ballot measures
A ballot initiative, also known as a citizen-initiated ballot measure, is a process that allows citizens to propose statutes or constitutional amendments directly, without the involvement of the state legislature. This process is available in 26 states and Washington, D.C. The specific process varies from state to state, but it generally involves collecting a specified number of signatures to place the proposal on the ballot for voters to decide. This can be done through direct or indirect initiatives.
Direct initiatives involve collecting signatures from registered voters and placing the proposed measure directly on the ballot for voters to decide. There are currently 16 states that allow for direct initiatives to amend the state constitution. On the other hand, indirect initiatives require approval from the state legislature, which can approve the proposal outright without putting it to a vote. Only two states, Massachusetts and Mississippi, use indirect initiatives.
The process for placing a measure on the ballot through a direct initiative usually involves several steps. First, an individual files a proposed ballot measure with their designated state official. The official then reviews the proposal to ensure it meets state requirements. Once the review is complete, a ballot title and summary are prepared and circulated as a petition for signature collection. If all signatures are verified and approved, the proposed measure is placed on the ballot for voters to decide.
In addition to direct and indirect initiatives, there are also veto referendums, which are citizen-initiated ballot measures that ask voters whether to uphold or repeal an existing law. This process does not involve proposing a new amendment but rather seeks input from voters on an existing one.
The specific requirements for citizen-initiated ballot measures vary from state to state, with some states having unique processes. For example, Mississippi has a signature distribution requirement based on five congressional districts, which has been deemed impossible to meet by the Mississippi Supreme Court due to the state having only four congressional districts.
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State legislature involvement
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. In the United States, 18 states 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 California, there are three methods for proposing an amendment: by the state legislature, by constitutional convention, or by voter initiative.
The involvement of state legislatures in the initiated constitutional amendment process can vary depending on the state and the specific amendment being proposed. In some states, the state legislature plays a direct role in initiating and approving amendments. For instance, in California, a proposed amendment must be approved by a supermajority of two-thirds of the membership of each house of the state legislature. This is an example of a supermajority requirement, which is a special procedure that is more stringent than the process for passing ordinary legislation.
In other states, the state legislature may be involved in an indirect way. For example, in Massachusetts and Mississippi, initiated constitutional amendments are indirect and go through the state legislature before reaching voters. This means that citizens propose an amendment, which then goes to the state legislature for consideration. The legislature can take various actions on the proposal, such as holding hearings, debating, and making changes before it goes to the voters for a final decision.
The specific procedures and requirements for an initiated constitutional amendment can vary from state to state. For instance, the number of signatures required to place an amendment on the ballot can differ. In some states, the distribution of signatures across different congressional districts may also be a factor, as seen in the Mississippi Supreme Court case "In Re Initiative Measure No. 65". This case highlighted the difficulty of meeting the state's distribution requirement due to the low number of representatives in Congress.
While state legislatures play a crucial role in the initiated constitutional amendment process, it is important to note that the authority to amend the Constitution of the United States ultimately derives from Article V of the Constitution. This outlines that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The amendment process is administered by the Archivist of the United States, who sends proposed amendments to the states for their consideration. State governors then submit the amendments to their state legislatures or call for a convention, depending on Congress's specifications.
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Signature requirements
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. Eighteen states in the US allow citizens to initiate constitutional amendments. Proponents of a ballot initiative must collect petition signatures from a minimum number of registered voters in a state.
The signature requirements vary from state to state. For example, Arizona and Oklahoma require amendment supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. In contrast, Massachusetts has the lowest requirement, at 3%. Some states, like Colorado, also have geographic distribution requirements, such as needing signatures from 2% of registered voters in every state senate district.
Mississippi also had an initiated constitutional amendment process, but it was deemed unusable by the state's Supreme Court in 2021 due to the state's congressional reapportionment in 2001. The court found that the signature distribution requirement, based on five congressional districts, could not be met because Mississippi has only four congressional districts.
In California, there are three methods for proposing an amendment: by the legislature, constitutional convention, or voter initiative. A proposed amendment must be approved by a majority of voters. The legislative method requires approval by a two-thirds supermajority of each house, while the convention method involves submitting the question of calling a convention to voters, and if approved, delegates from districts elect voters for the convention.
In summary, the signature requirements for initiated constitutional amendments differ across states, with some having additional distribution considerations. While Mississippi previously allowed citizen-initiated amendments, its current process is unusable due to congressional reapportionment. Other states like California offer multiple paths for amendments, each with its own signature-gathering considerations.
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Ratification process
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments. The process involves collecting petition signatures from a minimum number of registered voters in a state.
The ratification process for constitutional amendments can vary depending on the jurisdiction. In the United States, the authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments:
- Congressional Proposal: An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process, and the proposed amendment is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
- Constitutional Convention: Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures. This method has yet to be used for any of the amendments to the Constitution.
Once an amendment is proposed, it is submitted to the states for their consideration. The Archivist of the United States notifies each state's Governor, who then formally submits the amendment to their state legislature or calls for a convention, as specified by Congress. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). The Office of the Federal Register (OFR) verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
At the state level, the process for amending constitutions can vary. For example, in California, there are three methods for proposing amendments: by the legislature, by constitutional convention, or by voter initiative. Each method has its own requirements for approval, such as majority votes or supermajorities. Similarly, New York has two methods for proposing amendments: through the legislature or by constitutional convention, with each method having specific approval requirements.
In summary, the ratification process for constitutional amendments involves proposing the amendment, submitting it to the states, obtaining ratification from a specified number of states, and certifying the amendment's validity. The specific steps and requirements can vary depending on the jurisdiction and the method of proposal.
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Different state approaches
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. While the US Constitution has only been amended 27 times, state constitutions are amended much more frequently. State constitutions have been amended around 7,000 times, with some states amending their constitutions more than three to four times per year on average.
There are 18 states that allow citizens to initiate constitutional amendments, with 16 of these states using a direct initiative process and two states, Massachusetts and Mississippi, using an indirect initiative process. In direct initiatives, the proposal goes straight to the voters, while in indirect initiatives, the proposal goes to the state legislature first, which can take various actions on the proposal before it goes to the voters.
The requirements for initiated constitutional amendments vary across states. Some states, like Arizona and Oklahoma, have high signature-collection requirements, needing supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. In contrast, other states like Massachusetts have lower requirements, needing only 3% of the votes cast in the last election. Some states also have geographic distribution requirements, such as Colorado, which requires signatures from 2% of registered voters in every state senate district.
The process for amending state constitutions can vary. For example, in California, there are three methods for proposing an amendment: by the legislature, by constitutional convention, or by voter initiative. In Illinois, amendments can be approved by either three-fifths of voters on the amendment or by a majority of voters in the entire election. In Hawaii, Minnesota, Tennessee, and Wyoming, amendments must be approved by a majority of voters in the entire election, with abstentions counting as no votes.
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Frequently asked questions
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution.
Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state. Once the required number of signatures is collected, the proposed amendment is then submitted to the voters at a general or special election.
There are 18 states that allow citizens to initiate constitutional amendments. Of these 18 states, 16 have direct initiatives that go straight to the voters, while 2 states (Massachusetts and Mississippi) have indirect initiatives that go to the state legislature before going to the voters.
The requirements for an initiated constitutional amendment vary by state. In some states, the number of signatures required to put a targeted law before voters is lower than the number of signatures required to suspend the enactment of the targeted law until the election. Additionally, some states require that the proposed amendment be approved by a majority of voters, while other states require a supermajority of two-thirds or more.
