Isabella Carter
The Maryland Constitution has been amended approximately 200 times since its ratification in 1867. Amendments to the Maryland Constitution can be proposed by the General Assembly, provided that each amendment is proposed in a separate bill and approved by three-fifths of the members elected to each of the two houses of the General Assembly. Additionally, every 20 years, Maryland voters decide whether to call a constitutional convention for drafting a new constitution. This process is outlined in Article XIV, Section 1 of the Maryland Constitution, which also specifies that proposed amendments must be published in newspapers across the state and approved by a majority of Maryland voters.
| Characteristics | Values |
|---|---|
| Who can propose an amendment | The General Assembly |
| What is the minimum vote required in the Maryland House of Delegates | 85 votes |
| What is the minimum vote required in the Maryland State Senate | 29 votes |
| What is the total minimum vote required | 60% |
| How many times has the Maryland Constitution been amended | Approximately 200 times |
| How often does the question of a constitutional convention appear on the ballot | Every 20 years |
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What You'll Learn
The General Assembly
The Maryland Constitution outlines the process for proposing and approving amendments. According to Article XIV, Section 1, each amendment proposed by the General Assembly must be embraced in a separate bill, embodying the article or section as it will stand when amended. This separate bill requirement does not restrict the General Assembly from proposing a series of amendments in one bill to achieve the general purpose of removing or correcting obsolete, inaccurate, invalid, unconstitutional, or duplicative constitutional provisions. Additionally, the General Assembly can embody a single constitutional amendment that embraces multiple articles, as long as it addresses only one subject.
To pass, an amendment must be approved by three-fifths of all the members elected to each house of the General Assembly. This approval is done by yeas and nays, recorded in the journals alongside the proposed amendment. After passing the General Assembly, the proposed amendment is publicised by the Governor's order. It is published in at least two newspapers in each county and three newspapers in the City of Baltimore once a week for four weeks before the next general election.
During the general election, the proposed amendment is submitted to the qualified voters of Maryland for their adoption or rejection. If the General Assembly determines that an amendment affects only one county or the City of Baltimore, the amendment will become part of the Constitution if it receives a majority of votes cast in the state and the affected county or city. The voters of Maryland also have the opportunity to decide whether to call for a constitutional convention to draft a new constitution every 20 years, starting in 1970.
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State constitutional convention
Maryland has had several constitutions over the years, each proposed by a constitutional convention. The state's first constitution was written in 1776, followed by others in 1850–51, 1864, and 1867. The current Maryland Constitution was ratified on September 18, 1867, and has been amended approximately 200 times.
The 1776 Constitution was the first, adopted by the state's Constitutional Convention of 1776. The 1850–51 Constitution was also drafted by a constitutional convention, and the 1864 Constitution was written during a convention held in the state capital, Annapolis, during the Civil War. The 1867 Constitution, the state's fourth, was drafted by a convention that met in Annapolis from May 8 to August 17, 1867. It was submitted to the adult white male citizens of the state for ratification on September 18 and was approved by a vote of 47,152 to 23,036. It took effect on October 5, 1867.
Maryland also held a constitutional convention in 1967–68, which produced the 1968 Maryland Constitutional Convention Documents. However, the draft constitution from this convention was never ratified.
Every 20 years, beginning in 1970, Maryland voters decide whether to call a constitutional convention to draft a new constitution. If a convention is called, any draft constitution it produces must be approved by a majority of Maryland voters. At the latest election where this question could be asked in 2010, the voters did not choose to call a convention.
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Legislatively referred constitutional amendments
The Maryland Constitution, which was ratified on September 18, 1867, has been amended approximately 200 times. Amendments to the Maryland Constitution can be proposed through a legislative process or a state constitutional convention.
In Maryland, the General Assembly can propose amendments to the Maryland Constitution. Each amendment must be proposed in a separate bill, embodying the constitutional article or section. Amendments must first be approved by at least 60% of the members elected to each of the two houses of the General Assembly (a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate). They are then published in newspapers across the state and must be approved by a majority of Maryland voters.
In addition, Maryland is one of 14 states that automatically includes a question about whether to hold a state constitutional convention on its ballot every 20 years, starting in 1970. If a convention is called, any draft constitution it produces must be approved by a majority of Maryland voters.
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Legislative process
The legislative process for amending the Maryland Constitution is defined in Article XIV of the Maryland Constitution. There are two ways to amend the state constitution: through a legislative process or a state constitutional convention.
The General Assembly can propose amendments to the Maryland Constitution. Each amendment must be proposed in a separate bill, embodying the constitutional article or section. Amendments must first be approved by three-fifths of all the members elected to each of the two houses of the General Assembly. This amounts to a 60% vote, or a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies.
Once an amendment has been approved by the General Assembly, it must be published in newspapers around the state and then approved by a majority of Maryland voters. Amendments do not require the governor's signature to be referred to the ballot.
State Constitutional Convention
Every 20 years, as part of the general election, Maryland voters decide whether to call a constitutional convention for the drafting of a new constitution. If such a convention is called, any draft constitution it produces must be approved by a majority of Maryland voters.
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Citizen signature petition
The Maryland Constitution has been amended approximately 200 times since its ratification in 1867. Amendments can be proposed by the General Assembly or through citizen signature petitions.
For an amendment to be proposed by citizen signature petition, voters must initiate a petition. Once the petition has gathered enough signatures, the proposed amendment will be placed on the ballot for the next general election. For a constitutional amendment to be approved, it must receive a simple majority of votes.
In the 2024 general election, Montgomery County voters faced two ballot questions. One of these questions regarded an amendment to the Montgomery County Charter, which was initiated by a citizen petition. The exact language of the sample ballot read:
> "Charter Amendment by Petition County Executive – Term Limit – Reduction from Three to Two Consecutive Terms. Amend Section 202 of the County Charter to decrease the term limit that applies to the County Executive from the current three consecutive terms to two consecutive terms. The decreased limit would apply to anyone who already has served two consecutive terms as of December 2026."
This citizen petition proposed a constitutional amendment to reduce the term limit for the County Executive from three to two consecutive terms. The proposal was approved by a majority of voters and became Article 48 of the Maryland Declaration of Rights.
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Frequently asked questions
The General Assembly can propose amendments to the Maryland Constitution.
Amendments must be approved by three-fifths of the members elected to each of the two houses of the General Assembly. They are then published in newspapers across the state and must be approved by a majority of Maryland voters.
Every 20 years, as part of the general election, Maryland voters decide whether to call a constitutional convention for drafting a new constitution.
The General Assembly determines if a proposed amendment affects only one county or the City of Baltimore. If so, the amendment must receive a majority of votes in the state and the affected area to become part of the Constitution.
