Eleanor Finch
The Michigan Constitution has been amended 39 times since its approval in 1963. There are three ways to propose amendments to the Michigan Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. The first method, a citizen-initiated process, involves a petition of registered electors in the state, with the number of signatures required being equal to at least 10% of the total vote cast for all candidates for governor in the last preceding general election. The second method is the legislative process, which requires a two-thirds vote during a legislative session for the Michigan State Legislature to place a constitutional amendment on the ballot. The third method is a state constitutional convention, which occurs every 16 years, with the next one scheduled for 2034.
| Characteristics | Values |
|---|---|
| Number of ways to amend | 3 |
| Ways to amend | Citizen-initiated process, legislative process, state constitutional convention |
| Citizen-initiated process | Requires signatures from 10% of voters in the last gubernatorial election |
| Legislative process | Requires a two-thirds vote during one legislative session (minimum 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate) |
| State constitutional convention | A question about holding a convention appears automatically on the ballot every 16 years |
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What You'll Learn
Amendments by petition and vote of electors
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention. In Michigan, citizens can initiate constitutional amendments by collecting signatures equal to 10% of the votes cast in the previous gubernatorial election. This allows voters to place a constitutional amendment directly on the ballot without legislative involvement.
Once the petition is filed, the proposed amendment is submitted to the electors in the next general election, at least 120 days after the filing. The ballot includes a statement of the purpose of the proposed amendment, not exceeding 100 words, which is impartial and creates no prejudice for or against the amendment. Copies of the proposed amendment and its impact on existing constitutional provisions are posted in polling places and furnished to the news media.
If the proposed amendment receives approval from a majority of the electors voting, it becomes part of the constitution. It will abrogate or amend existing provisions of the constitution 45 days after the election date. In the case of multiple conflicting amendments approved in the same election, the amendment with the highest affirmative vote takes precedence.
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Amendments by legislative process
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention. This response will focus on the legislative process for amending the Michigan Constitution.
The Michigan State Legislature can propose constitutional amendments, which must then be put to a vote. A two-thirds vote during a legislative session is required for the Michigan State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. Amendments referred by the legislature do not require the governor's signature to be placed on the ballot.
A simple majority (50%+1) of those voting in the election is required for the approval of an amendment proposed by the legislature. If an amendment is approved by a majority of electors, it becomes part of the constitution and amends or abrogates existing provisions after 45 days. If two or more amendments are approved by electors at the same election and conflict with each other, the amendment with the highest affirmative vote takes precedence.
In addition to the legislative process, Michigan is one of 18 states that allow citizens to initiate constitutional amendments through a ballot measure. This citizen-initiated process requires signatures from registered electors equal to 10% of the votes cast in the last gubernatorial election.
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Amendments by state constitutional convention
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention. A state constitutional convention is one of the methods that can be employed to propose and ratify amendments. According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 16 years starting in 1978. Michigan is one of 14 states that provides for an automatic constitutional convention question.
The Michigan Constitution has been amended several times since its creation. The current Michigan Constitution has been amended 39 times. Voters last approved three new amendments to the Michigan Constitution on November 8, 2022. Michigan has had four constitutions. The first, written in 1835, allowed Michigan to become a state. The next two were approved in 1850 and 1908. The current constitution was approved by voters in 1963.
The Constitution of 1908 was adopted on November 3 of that year, after a convention of 96 delegates lasting four and a half months, from October 1907 to March 1908. Michigan held a convention in 1867, but voters rejected the resulting constitution. Major changes from the 1835 Constitution included making the Secretary of State, the attorney general, the auditor general, and the Supreme Court elected rather than appointed offices. It also added articles on local government, finance and taxation, and corporations.
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Amendments by proposal of the legislature
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention. This response will focus on the legislative process, or "Amendments by proposal of the legislature".
Article XII of the Michigan Constitution, which is entitled "Amendment and Revision", outlines the rules by which the constitution can be amended. Section 1 of Article XII allows for amendment by proposal of the legislature and ratification by popular vote. The Michigan State Legislature must secure a two-thirds vote during a legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate, assuming no vacancies. Amendments proposed by the legislature do not require the governor's signature to be referred to the ballot.
Once an amendment is proposed by the legislature, it is submitted to the electors during the next general election. The proposed amendment, along with the existing provisions of the constitution that would be altered or abrogated, must be published and posted in each polling place before the election. The ballot used in the election must contain a statement of the purpose of the proposed amendment, expressed in no more than 100 words. This statement must be a true and impartial description that does not create any prejudice for or against the proposed amendment.
If a proposed amendment is approved by a majority of the electors, it becomes part of the constitution and supersedes or amends existing provisions after 45 days. In the case that two or more amendments are approved by the electors in the same election and conflict with each other, the amendment with the highest number of affirmative votes prevails.
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Amendments by the electorate
The Michigan Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention.
In Michigan, citizens can initiate constitutional amendments through a ballot measure. This process is known as an "initiated constitutional amendment" and requires signatures from registered electors equal to 10% of the votes cast in the last gubernatorial election. This allows citizens to propose amendments directly without legislative involvement. The proposed amendment must be submitted to the electors at the next general election, where it requires approval by a majority of the voting electors. If approved, the amendment becomes part of the constitution, abrogating or amending conflicting provisions within 45 days of the election.
The Michigan Constitution also provides for a state constitutional convention, which is a gathering to discuss and propose amendments to the constitution. A question about holding a state constitutional convention automatically appears on the state's ballot every 16 years, starting in 1978. This allows citizens to decide whether to initiate the process of amending the constitution through a convention.
Michigan voters have successfully amended their state constitution on several occasions. For example, they approved a constitutional amendment that added a "fundamental right to vote" and expanded voter access. In another instance, voters approved an amendment that invalidated the state's abortion ban and protected reproductive freedom. These amendments demonstrate the power of the electorate to directly shape the state's constitution and protect their rights.
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Frequently asked questions
There are three ways to propose amendments to the Michigan Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The citizen-initiated process, also known as an initiated constitutional amendment, involves citizens proposing amendments to the constitution through a petition. The number of signatures required for this process is equal to 10% of the votes cast in the last gubernatorial election. The proposed amendment is then submitted to the electors in the next general election, where a simple majority is required for approval.
The legislative process involves the Michigan State Legislature proposing a constitutional amendment with a two-thirds vote during one legislative session. The proposed amendment is then placed on the ballot for voter approval in the next general election.
According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a state constitutional convention appears automatically on the state's ballot every 16 years, starting in 1978. If a constitutional convention is approved by the voters, it provides an opportunity for multiple amendments to be proposed and considered.
