Malcolm Rivera
The process of amending state constitutions varies across the United States, with 49 states allowing voters to consider constitutional amendments after they have been voted on by state legislatures. The exception is Delaware, where voter approval is not required. Some states, like Alabama, require a simple majority vote (50% plus 1) for voters to approve amendments, while others, like Nevada, require amendments to be approved by a majority of voters in two consecutive elections. Additionally, 18 states have a process for initiated constitutional amendments, and 44 states outline how a constitutional convention can be called. These conventions were historically common but have been less frequent in recent decades.
| Characteristics | Values |
|---|---|
| Number of states with a process for initiated constitutional amendments | 18 |
| States with a process for initiated constitutional amendments | Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota |
| Number of states with laws that outline how a constitutional convention can be called | 44 |
| Number of states requiring amendments to be approved by a majority of voters in the entire election | 4 |
| States requiring amendments to be approved by a majority of voters in the entire election | Hawaii, Minnesota, Tennessee, and Wyoming |
| Number of states providing another path for enacting amendments via citizen-initiative processes | 17 |
| States providing another path for enacting amendments via citizen-initiative processes | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington |
| Lowest bar for signature collection | Massachusetts (3%) |
| Highest bar for signature collection | Arizona and Oklahoma (15%) |
| Number of states requiring approval by a majority of voters in two consecutive elections for citizen-initiated amendments | 1 |
| State requiring approval by a majority of voters in two consecutive elections for citizen-initiated amendments | Nevada |
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What You'll Learn
State legislature voting
State legislatures play a crucial role in the process of amending state constitutions, and there are several ways in which they can do so. The legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. The exception is Delaware, where the state legislature votes on constitutional amendments without requiring voter approval.
The specific procedures and requirements for state legislature voting on amendments vary from state to state. For example, 36 of the 49 states that require legislative approval demand that amendments be approved during a single legislative session. Four states require amendments to be passed during one or two successive legislative sessions, depending on whether the amendment achieves a simple majority or a supermajority. The remaining nine states mandate that their legislatures approve amendments twice: once during one legislative session and again during the subsequent session.
In Alabama, for instance, a simple majority vote (50% plus one) is required for voters to approve constitutional amendments. To place a constitutional amendment on the ballot, a 60% vote is required from both chambers of the Alabama State Legislature during a single legislative session. This amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies.
State legislatures can also play a role in calling for constitutional conventions, which offer an alternative path to amending state constitutions. In most states, a majority legislative vote is required to call a convention referendum, while a supermajority legislative vote is needed in others. In a few states, it is possible to bypass the legislature and call a convention through an initiative process.
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Voter approval
The majority of states require a simple majority vote (50% plus 1) for voters to approve constitutional amendments. This is the case in Alabama, where voters play a direct role in approving or rejecting proposed changes to the state's constitution. Similarly, Hawaii, Minnesota, Tennessee, and Wyoming require amendments to be endorsed by a majority of voters in the entire election. Abstentions from voting on an amendment are typically counted as "no" votes in these states.
Citizen-Initiated Amendments:
Citizen-initiated amendments are another avenue for enacting amendments in several states. Seventeen states, including Arizona, Arkansas, California, Colorado, and Illinois, allow citizens to propose amendments directly. These initiatives often require supporters to collect a significant number of signatures, with thresholds ranging from 3% to 15% of the votes cast in the last gubernatorial election. Once qualified for the ballot, citizen-initiated amendments generally require ratification by a simple majority of voters, similar to legislature-referred amendments.
Legislative Referrals:
Legislatures play a pivotal role in referring constitutional amendments to voters for consideration. In 49 states, the legislature votes on amendments before presenting them to voters. However, the specific procedures vary. Some states require amendments to be approved during one legislative session, while others mandate passage during successive legislative sessions or multiple sessions. Delaware is an outlier, as its legislature votes on amendments without requiring subsequent voter approval.
Constitutional Conventions:
Conventions also offer a path for amending state constitutions. While less frequent in recent decades, conventions can be called by legislators or, in some states, through a citizen initiative. A majority of states require a majority legislative vote to call a convention referendum, while others demand a supermajority. Once a convention is convened, any proposed amendments are typically submitted to voters for approval.
State-Specific Variations:
It is worth noting that individual states have unique nuances in their amendment processes. For example, Illinois allows amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election. Additionally, Nevada imposes a distinctive requirement for citizen-initiated amendments, necessitating approval by a majority of voters in two consecutive elections.
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Citizen-initiated amendments
The process typically involves collecting petition signatures from a certain minimum number of registered voters in a state. The number of signatures required varies by state, with Arizona and Oklahoma having the highest requirement at 15% of votes cast in the last gubernatorial election, and Massachusetts setting the lowest bar at 3%. Some states also have geographic distribution requirements, such as collecting signatures from a certain percentage of registered voters in each state senate district.
Once the required number of signatures is collected, the amendment is placed on the ballot for voter consideration. In most states, citizen-initiated amendments must be ratified by a simple majority of voters, while others require a supermajority. Nevada is unique in that citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
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State constitutional conventions
Conventions are typically called by legislators, who must approve a convention referendum. The majority of states require a majority legislative vote to call a convention referendum, while others require a supermajority legislative vote. Following that, a referendum on calling a convention must be submitted to and approved by a majority of voters in most states. However, some states do not require voter approval of a legislature-generated convention call. In four states, it is possible to bypass the legislature and call a convention through the initiative process.
In 14 states, referendums on calling a convention are required to appear on the ballot automatically at periodic intervals, ranging from 10 to 20 years. Additionally, in some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically on the ballot every 10 or 20 years. In other states, the state legislature can act to place a question on the ballot, asking voters if they wish to call a convention. These states vary in the percentage of the state legislature required to vote to place such a question on the ballot.
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, Alabama requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections, facing a higher hurdle than in most other states.
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Requirements for signature collection
Seventeen states currently provide another path for enacting amendments: via citizen-initiative processes. In each of these states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. Most of these signature-collection requirements are tied to the number of votes cast in the last gubernatorial election.
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. In contrast, Massachusetts sets the lowest bar at 3%. Some states also maintain a geographic distribution requirement for signature collection, such as Colorado, which requires signatures from 2% of registered voters in every state senate district.
The signature requirement varies based on the targeted districts for signature collection. For example, Mississippi's Supreme Court ruled in 2021 that the state's constitutional initiative process needed to be revised to reflect the number of congressional districts from which signatures must be collected. Similarly, Alabama requires a simple majority vote (50% + 1) for voters to approve constitutional amendments.
In most states, citizen-initiated amendments must be ratified by a simple majority of voters, while a few states require a supermajority. Nevada is an outlier, mandating approval by a majority of voters in two consecutive elections. Overall, citizen-initiated amendments make up fewer than 20% of all amendments adopted annually across the country.
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Frequently asked questions
The process for voting on amendments to state constitutions varies across different states. Legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. Delaware is the exception, with the legislature voting on constitutional amendments without requiring voter approval.
The approval process for amendments to state constitutions can vary. In most states, a simple majority vote is required, while some states require a supermajority. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
Yes, citizens can propose amendments to state constitutions through initiatives or signature collection campaigns. Eighteen states have a process for initiated constitutional amendments, and 17 states currently provide a path for enacting amendments via citizen-initiative processes.
State legislatures play a crucial role in amending state constitutions. They can propose and vote on amendments, as well as call for constitutional conventions to revise or adopt amendments. In some states, the legislature can also place a question on the ballot, asking voters if they wish to call a convention.
