Eleanor Finch
The process of amending state constitutions in the United States varies from state to state. While 49 out of 50 states require voter approval for the ratification of state constitutional amendments, the specific procedures for voter ratification differ. Some states require a simple majority vote, while others mandate a supermajority. Additionally, 18 states facilitate citizen-initiated constitutional amendments, allowing citizens to propose amendments through petition signatures. These states include Arizona, California, Colorado, Florida, Illinois, and Massachusetts. In contrast, Delaware stands out as the lone state that does not require voter approval for constitutional amendments, leaving it to the legislature to vote on these changes. Understanding the unique processes by which each state approaches constitutional amendments is essential for grasping the broader landscape of legislative power and citizen engagement in the United States.
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What You'll Learn
Legislatively-referred constitutional amendments
A legislatively-referred constitutional amendment is a form of direct democracy where voters can approve or reject a proposed amendment to a state's constitution. This process involves the state legislature voting to place the amendment on a ballot for voter consideration. In most states, a simple majority of voter approval is required to ratify the amendment, while some states require a supermajority.
The frequency with which state legislatures propose constitutional amendments can be influenced by the trifecta status of the state government. This refers to whether one party controls both branches of the legislature and the governor's office. A unified government with a supermajority can more easily approve constitutional amendments. However, the governor does not have a direct role in approving amendments, and their support or opposition can only play an indirect role in the process.
The process of placing an amendment on the ballot and the subsequent ratification requirements can vary across states. In some states, a majority vote in one legislative session is sufficient, while others require successive sessions or supermajority votes. For instance, six states, including Pennsylvania and New Jersey, have an either/or system where a simple majority in two separate sessions or a supermajority vote in one session is needed.
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Citizen-initiated amendments
A citizen-initiated amendment is a ballot measure that allows citizens to propose a constitutional or statutory amendment or a veto referendum for inclusion on a ballot. This can be achieved through direct or indirect means, both of which require citizens to collect a specified number of signatures prior to being placed on the ballot. Direct initiatives can be placed on the ballot as a state statute, constitutional amendment, or veto referendum. A citizen-initiated ballot measure can also be placed before voters through an indirect initiative, which requires citizens' signatures and approval from the state legislature.
Eighteen states allow citizens to initiate constitutional amendments, and 21 states allow citizen-initiated amendments to state statute. California and Colorado are the only two states that allow for both constitutional amendments and statutory amendments to be proposed via direct initiative. Arizona and Oklahoma have the highest threshold for the number of signatures required, while Massachusetts has the lowest. Most ballot measures are placed on the ballot through citizen initiatives or legislative processes.
There are 26 states that provide citizens with the power of initiative, referendum, or both. Some states allow for veto referendums, also known as popular referendums or people's vetoes, which ask voters if they want to uphold or repeal an existing law. These require a minimum number of verified petition signatures to be placed on the ballot.
In most states, citizen-initiated amendments that qualify for the ballot are ratified by a simple majority of voters, while a supermajority of voters is required in several states, such as Nevada, which requires approval by a majority of voters in two consecutive elections.
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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. State constitutional conventions were once called regularly to frame inaugural state constitutions or to replace, revise, or adopt piecemeal amendments to existing constitutions. The process for calling a constitutional convention is established in the constitutions of most states, and they use a wide range of approaches.
In some states, a ballot measure asking the people to approve or disapprove of holding a convention appears automatically on the ballot every ten or twenty years. In 13 states, a recurring ballot measure automatically gives voters a chance to call for a convention without collecting signatures or seeking legislative approval. For example, in Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island, voters automatically have the chance to vote for a convention every 10 years. In other states, the state legislature can act to place on the ballot a question asking the voters whether they wish to call a convention. In some states, the legislature can call a convention without asking voters for approval. Generally, conventions are called by legislators, who are required to approve a convention referendum, with a majority legislative vote needed to call a convention referendum in most states and a supermajority legislative vote needed in others.
Once a constitutional convention question has been placed before the voters, a certain percentage of them must approve it for it to become part of the state's constitution. For example, in Alabama, 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. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
The last state to hold a conventional convention was Rhode Island in 1986. In 2024, the Louisiana legislature ended its regular session without calling a constitutional convention, leaving open the possibility that lawmakers would call a special session to consider an overhaul of the state constitution. Louisiana may be on the verge of overhauling its constitution, which would mark the first time in four decades that any state has held a constitutional convention.
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Commission-referred ballot measures
A commission-referred ballot measure is a ballot measure that a commission votes to place on the ballot. These ballot measures can be constitutional amendments or statutes, depending on the commission's powers. The commissions are not legislatures but have been granted the power to propose ballot measures through a prior act of a state legislature or state constitutional language.
As of 2025, Arizona and Florida are the only two states with commissions that have the power to refer measures to statewide ballots. In Arizona, the commission can refer statutes related to government salaries. Article V, Section 12 of the Arizona Constitution provides for the commission's power to refer ballot measures on legislative salaries. The ballot question must be formatted as, "Shall the recommendations of the commission on salaries for elective state officers concerning legislative salaries be accepted?"
In Florida, there are two commissions that can refer constitutional amendments to the ballot: the Constitution Revision Commission (CRC) and the Taxation and Budget Reform Commission (TBRC). The CRC is a 37-member commission that has the power to review and propose changes to the Florida Constitution and refer constitutional amendments to voters. It convenes every 20 years, with meetings held in 1977, 1997, 2017, and so on. The TBRC, on the other hand, is a 25-member commission that focuses on reviewing and proposing changes to the state's budgetary process, revenue needs, expenditure processes, tax structure, and governmental productivity. When a proposal by the TBRC would change the Florida Constitution, the constitutional amendment is referred to voters as a ballot measure. This commission also convenes every 20 years, with meetings in 2007, 2027, and so forth.
It is worth noting that most ballot measures are placed on the ballot through citizen initiatives or legislative processes. However, in some cases, they are placed on the ballot automatically, by a special commission, or by a state constitutional convention.
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Requirements for signature collection
Seventeen states currently allow for constitutional amendments to be enacted via citizen-initiative processes. These states are Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota. Mississippi also permitted citizen-initiated amendments until 2021, when the Mississippi Supreme Court rendered the state's constitutional initiative process unusable, citing that the state's signature distribution requirement was impossible to meet.
The signature requirements for citizen-initiated constitutional amendments vary across states. Arizona and Oklahoma have the highest bar, requiring amendment supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. On the other hand, Massachusetts sets the lowest bar at 3%. Some states, like Colorado, also have geographic distribution requirements, mandating that signatures be collected from a certain percentage of registered voters in each state senate district.
In most states, once citizen-initiated amendments qualify for the ballot, they need to be ratified by a simple majority of voters. However, in some states, like Nevada, these amendments must clear an additional hurdle and be approved by a majority of voters in two consecutive elections.
It's worth noting that, in general, conventions are called by legislators who must approve a convention referendum. In most states, a majority legislative vote is required to call a convention referendum, while a supermajority is needed in others.
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Frequently asked questions
49 out of 50 states require voter approval for the ratification of state constitutional amendments. Delaware is the exception.
18 states have a process for initiated constitutional amendments, including Arizona, California, Colorado, Florida, Illinois, and Mississippi.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50 states).
