Omar Bennett
The process of amending the Iowa Constitution is outlined in the constitution itself. An amendment can be proposed by either the Senate or the House of Representatives, and it must be passed by both within one General Assembly, comprising two legislative sessions. The same legislation must then pass through both houses again during a second, consecutive General Assembly. If it passes with a majority, the amendment is certified by the Secretary of State and put to the voters in a general election. Iowa's constitution has been amended 46 times since its creation in 1857.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | The Iowa Senate or House of Representatives |
| What is required for an amendment to be passed? | Majority vote during two successive legislative sessions |
| Who votes in the legislative sessions? | Iowa State Legislators |
| What happens if an amendment is passed? | It is put on the general election ballot |
| Who votes in the general election? | Electors qualified to vote for members of the Iowa General Assembly |
| How many votes are required for an amendment to be ratified? | Majority of electors voting |
| How many amendments have there been since the creation of the Iowa Constitution? | 46 |
| What are some examples of amendments? | Allowing 17-year-olds to vote in primary elections if they will be 18 by the general election; Adjusting the line of succession if there is an absence in the Governor's seat |
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What You'll Learn
Iowa's legislative process
The Iowa Constitution, first adopted in 1857, has been amended 46 times since its creation. The process to amend it is as follows:
An amendment to the Iowa Constitution can be proposed by either the Senate or the House of Representatives (the Iowa Legislature). It must then pass through both the House of Representatives and the Senate for two consecutive legislative sessions, with a simple majority of votes in favour. This amounts to a minimum of 51 votes in the Iowa House of Representatives and 26 votes in the Iowa State Senate, assuming no vacancies. If it passes with a majority, the Secretary of State will certify the amendment to be put on the general election ballot. The issue is then put in front of the voters, who will have the chance to vote 'yes' or 'no' on the ballot. If Iowans vote yes, the constitution is officially amended; a no vote would keep the constitution as it is.
The Iowa Constitution is an official legal publication as provided in Iowa's "Uniform Electronic Legal Material Act", as enacted in Iowa Code chapter 2B. The amendments are presented at the appropriate place in the text, followed at the end of the section by a footnote referring to the latest amendment, identified by the year of ratification and amendment number.
The Iowa Constitution has 12 articles, labelled as follows:
- Bill of Rights
- Right of Suffrage
- Executive Department
- Judicial Department
- Militia
- State Debts
- Corporations
- Education and School Lands
- Amendments to the Constitution
- Miscellaneous
- Schedule
- [No label found]
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Majority vote requirements
The Iowa Constitution has been amended 46 times since its creation in 1857. Amendments to the constitution must be proposed by the Iowa Legislature, specifically by either the Senate or the House of Representatives. After being introduced, an amendment must pass through both the House of Representatives and the Senate for two consecutive legislative sessions. If it passes with a majority, the Secretary of State will certify the amendment to be put on the general election ballot. Iowans will then vote 'yes' or 'no' on the ballot to amend the constitution. A simple majority vote is required for the amendment to be ratified.
For example, in the 2024 general election, Iowans voted on two constitutional amendments. The first proposed amendment would adjust the line of succession if there is an absence in the Governor's seat. The second amendment would allow 17-year-olds to vote in primary elections if they will be 18 years old by the general election.
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The role of the General Assembly
The Iowa Constitution grants the General Assembly a crucial role in the process of amending the constitution. An amendment to the constitution may be proposed by either the Senate or the House of Representatives, but it must be agreed to by two successive General Assemblies. This means that the legislation must pass both the Iowa House and the Iowa Senate within one General Assembly, which is two legislative sessions, and then the same legislation must pass both houses again by the end of a second, consecutive General Assembly.
The General Assembly is comprised of two houses: the House of Representatives and the Senate. A simple majority vote is required in both houses during two successive legislative sessions, with an election for state legislators in between, for an amendment to be placed on the ballot. This amounts to a minimum of 51 votes in the Iowa House of Representatives and 26 votes in the Iowa State Senate, assuming no vacancies.
The General Assembly does not have the final say on constitutional amendments, as the issue is ultimately decided by the voters. If an amendment passes with a majority in both houses of the General Assembly, the Secretary of State will certify the amendment to be put on the general election ballot. Iowans then have the chance to vote 'yes' or 'no' on the ballot to amend the constitution. If a majority of electors vote 'yes', the amendment is ratified and becomes part of the constitution.
The General Assembly plays a vital role in initiating and approving proposed amendments to the Iowa Constitution. By requiring the agreement of two successive General Assemblies, the process ensures that amendments have broad support and consensus across two separate legislative sessions. This safeguards against hasty or impulsive changes to the constitution and promotes stability and continuity in the state's fundamental framework for governance.
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The Governor's position
Previously, the Iowa Constitution stated that in the event of the governor's resignation, death, impeachment, removal from office, or permanent disability, the lieutenant governor would assume the powers and duties of the governor. However, confusion arose in 2017 when then-Gov. Kim Reynolds, who was the lieutenant governor, succeeded former Gov. Terry Branstad. The issue centred around whether Reynolds could appoint someone to the position of lieutenant governor.
The proposed amendment aimed to resolve this ambiguity by explicitly stating that in such situations, the lieutenant governor would become the governor until the end of the elected term. This change would create a vacancy in the lieutenant governor's office, which the new governor would then be able to fill. The amendment also received bipartisan support in the legislature, although some Democrats advocated for legislative approval in the appointment process.
The Gubernatorial Succession Amendment, also known as Iowa Amendment 2, was on the ballot in November 2024, and Iowans voted to approve it. This amendment ensures a clear line of succession and addresses the specific circumstances where the governor's position needs to be filled. The process to amend the constitution involved approval by two consecutive two-year sessions of the Iowa Legislature before the proposal reached the ballot for Iowans to make the final decision.
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Voter eligibility
To be eligible to vote in Iowa, individuals must be a United States citizen, a resident of Iowa, and at least 18 years old by election day. 17-year-olds may participate in a primary election if they will be 18 by the time of the next general election.
Voters registering on election day must bring a picture ID and proof of residency in the precinct, such as a utility bill. College students can pre-register to vote using all registration opportunities previously available or at the polls on election day. Prior Iowa law requires election day registrants to show proof of identification and proof of residency, which may include college ID cards if the cards include a photo.
Any registered voter who does not have a valid driver's license or non-operator's ID issued by the Iowa Department of Transportation will be issued a Voter ID Card for free, automatically, by mail. Upon receipt of the Voter ID Card, it should be signed immediately. Obtaining the Voter ID Card does not require any further documentation or action by the voter; voters simply need to be registered to vote in the county where they live. Voters may also request an Iowa Voter Identification Card from their County Auditor. An Iowa Voter Identification Card can be used to vote absentee-by-mail, absentee in-person, or at the polls on election day.
Provisional ballots are available for voters to cast their ballots on election day if there is a question about their eligibility to vote. Voters will be offered a provisional ballot if they have been sent an absentee ballot, do not provide ID when required, or are challenged by another registered voter. Provisional ballots are sealed in a secure envelope after the voter has marked the ballot. The ballot envelope is reviewed later by the absentee board. Provisional voters receive a notice on election day with information about the reason for the challenge and whether they need to provide additional documentation regarding their eligibility. All voters registering and voting on election day in precincts without electronic poll books will cast provisional ballots.
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Frequently asked questions
An amendment to the Iowa Constitution must be proposed by the Iowa Legislature, and then it must pass through both the House of Representatives and the Senate for two consecutive legislative sessions.
An amendment to the Iowa Constitution may be proposed by either the Senate or the House of Representatives.
If it passes with a majority, the Secretary of State will certify the amendment to be put on the general election ballot.
Iowans will vote 'yes' or 'no' on the ballot. If a majority of voters approve the amendment, it will officially amend the constitution.
Iowa's current constitution has been amended 46 times since its creation.
