Legislatively referred constitutional amendment
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| Initiated |
| • Initiated constitutional amendment |
| • Initiated state statute |
| • Veto referendum |
| Legislative |
| • Legislative constitutional amendment |
| • Legislative state statute |
| • Legislative bond issue |
| • Advisory question |
| Other |
| • Automatic ballot referral |
| • Commission-referred measure |
| • Convention-referred amendment |
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A legislatively referred constitutional amendment is a legislative referral that amends a state's constitution.
Legislatures are required to seek voter approval to amend their state constitutions in 49 of 50 states. Delaware is the one state where voter approval is not required for state constitutional amendments.
The legislative rules and procedures for changing state constitutions through a referred ballot measure differ from state to state.
Legislatively referred constitutional amendments on the ballot
- See also: 2024 ballot measures and 2025 ballot measures
The following is a list of legislatively referred constitutional amendments certified for the current year and next year:
- Alabama Amendment 1, Exempt Local Bills from Budget Isolation Resolution Amendment (March 2024)
- Arizona Emergency Declarations Amendment (2024)
- Arizona Require Partisan Primaries and Prohibit Primaries Where Candidates Compete Regardless of Party Affiliation Amendment (2024)
- Arizona Signature Distribution Requirement for Initiatives Amendment (2024)
- Arkansas Lottery Proceed Funding for Vocational-Technical School Scholarships and Grants Amendment (2024)
- California Lower Supermajority Requirement to 55% for Local Special Taxes to Fund Housing and Public Infrastructure Amendment (2024)
- California Remove Voter Approval Requirement for Public Low-Rent Housing Projects Amendment (2024)
- California Right to Marry and Repeal Proposition 8 Amendment (2024)
- California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment (2024)
- Colorado Independent Judicial Discipline Adjudicative Board Amendment (2024)
- Colorado Property Tax Exemption for Veterans with Individual Unemployability Status Amendment (2024)
- Colorado Remove Right to Bail in First Degree Murder Cases Amendment (2024)
- Connecticut No-Excuse Absentee Voting Amendment (2024)
- Florida Amendment 1, Administration of Government in Orange County Amendment (1946)
- Florida Amendment 1, Partisan School Board Elections Amendment (2024)
- Florida Amendment 2, Right to Hunt and Fish Amendment (2024)
- Florida Amendment 5, Annual Inflation Adjustment for Homestead Property Tax Exemption Value Amendment (2024)
- Florida Amendment 6, Repeal of Public Financing for Statewide Campaigns Amendment (2024)
- Georgia Appropriations of Federal Legal Settlement Funds Amendment (2024)
- Georgia Creation of Tax Court Amendment (2024)
- Georgia Local Option Homestead Property Tax Exemption Amendment (2024)
- Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment (2024)
- Idaho Citizenship Requirement for Voting Amendment (2024)
- Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment (2024)
- Iowa Gubernatorial Succession Amendment (2024)
- Iowa Require Citizenship to Vote in Elections and Allow 17-Year-Olds to Vote in Primaries Amendment (2024)
- Kentucky Allow State Funding for Non-Public Education Amendment (2024)
- Kentucky Citizenship Requirement for Voting Amendment (2024)
- Maryland Right to Reproductive Freedom Amendment (2024)
- Minnesota Continue to Provide Lottery Revenue to Environment and Natural Resources Fund Amendment (2024)
- Missouri Property Tax Exemption for Childcare Establishments Amendment (2024)
- Nevada Question 1, Remove Constitutional Status of Board of Regents Amendment (2024)
- Nevada Question 2, Revising Language Related to Public Entities for Individuals with Mental Illness, Blindness, or Deafness Amendment (2024)
- Nevada Question 4, Remove Slavery as Punishment for Crime from Constitution Amendment (2024)
- New Hampshire Increase Mandatory Judicial Retirement Age Amendment (2024)
- New Mexico County Officer Salaries Amendment (2024)
- New Mexico Disabled Veteran Property Tax Exemption Amendment (2024)
- New Mexico Increase Veteran Property Tax Exemption Amendment (2024)
- New Mexico Judicial Nominating Commission Amendment (2024)
- New York Equal Protection of Law Amendment (2024)
- North Dakota Constitutional Measure 1, Language Describing State Institutions Amendment (2024)
- North Dakota Constitutional Measure 2, Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment (2024)
- North Dakota Constitutional Measure 3, Legacy Fund Transfers Amendment (2024)
- Oklahoma Public Infrastructure Districts Amendment (2024)
- Oregon Impeachment of Elected State Executives Amendment (2024)
- Oregon Independent Public Service Compensation Commission Amendment (2024)
- South Dakota Gender-Neutral Constitutional Language Amendment (2024)
- South Dakota Medicaid Work Requirement Amendment (2024)
- Utah Constitutional Requirements for Education Funding Amendment (2024)
- Utah Elections of County Sheriffs Amendment (2024)
- Utah State School Fund Distribution Cap Increase Amendment (2024)
- Virginia Property Tax Exemption for Veterans and Surviving Spouses Amendment (2024)
- West Virginia Amendment 1, Prohibit "Medically-Assisted Suicide, Euthanasia, and Mercy Killing" Measure (2024)
- Wisconsin Citizenship Voting Requirement Amendment (2024)
- Wisconsin Prohibit Legislature from Delegating Appropriations Power Amendment (August 2024)
- Wisconsin Question 1, Ban on Private and Non-Governmental Funding of Election Administration Amendment (April 2024)
- Wisconsin Question 2, Only Designated Election Officials to Conduct Elections Amendment (April 2024)
- Wisconsin Require Legislative Approval for State Expenditure of Federal Funds Amendment (August 2024)
- Wyoming Property Tax on Residential Property and Owner-Occupied Primary Residences Amendment (2024)
States that provide for legislatively referred constitutional amendments
The following map illustrates which states provide for legislatively referred constitutional amendments:
Procedures for legislative constitutional amendments
- See also: Amending state constitutions
In 49 of 50 states, voter approval is required to amend a state constitution. States have different rules and procedures for how legislatures can place constitutional amendments on the ballot. There are four main differences:
- the number of legislative sessions that a legislature must vote on a constitutional amendment;
- the size of the vote required from electors; and
The following table describes these three rules and procedures in each of the 50 states:
| Requirements for legislative constitutional amendments | ||||
|---|---|---|---|---|
| State | Constitutional provision | Number of legislative session | Size of legislative vote | Size of election vote |
| Alabama | Article XVIII of Alabama Constitution | 1 session | 60.00% | Simple majority |
| Alaska | Article XIII of Alaska Constitution | 1 session | 66.67% | Simple majority |
| Arizona | Article XXI of Arizona Constitution | 1 session | 50.01% | Simple majority |
| Arkansas | Article XIX, Section 22 of Arkansas Constitution | 1 session | 50.01% | Simple majority |
| California | Article XVIII of California Constitution | 1 session | 66.67% | Simple majority |
| Colorado | Article XIX of Colorado Constitution | 1 session | 66.67% | 55.00% |
| Connecticut | Article XII of Connecticut Constitution | 1 session (with 75.00% vote) 2 sessions (with 50.01% vote) |
75.00% (1 session) 50.01% (2 sessions) |
Simple majority |
| Delaware | Article XVI of Delaware Constitution | 2 sessions | 66.67% | None |
| Florida | Article XI of Florida Constitution | 1 session | 60.00% | 60.00% |
| Georgia | Article X of Georgia Constitution | 1 session | 66.67% | Simple majority |
| Hawaii | Article XVII of Hawaii Constitution | 1 session (with 66.67% vote) 2 sessions (with 50.01% vote) |
66.67% (1 session) 50.01% (2 sessions) |
Simple majority of total ballots cast in the election, rather than ballots cast on the measure[1] |
| Idaho | Article XX of Idaho Constitution | 1 session | 66.67% | Simple majority |
| Illinois | Article XIV of Illinois Constitution | 1 session | 60.00% | 60% of ballots cast on the measure or a simple majority of total ballots cast in the election |
| Indiana | Article XVI of Indiana Constitution | 2 sessions | 50.01% | Simple majority |
| Iowa | Article X of Iowa Constitution | 2 sessions | 50.01% | Simple majority |
| Kansas | Article XIV of Kansas Constitution | 1 session | 66.67% | Simple majority |
| Kentucky | Section 256 of Kentucky Constitution | 1 session | 60.00% | Simple majority |
| Louisiana | Article XIII of Louisiana Constitution | 1 session | 66.67% | Simple majority |
| Maine | Article X of Maine Constitution | 1 session | 66.67% | Simple majority |
| Maryland | Article XIV of Maryland Constitution | 1 session | 60.00% | Simple majority |
| Massachusetts | Article XLVIII of Massachusetts Constitution | 2 sessions | 50.01% | Simple majority of ballots cast on the measure and at least 30% of total ballots cast in the election |
| Michigan | Article XII of Michigan Constitution | 1 session | 66.67% | Simple majority |
| Minnesota | Article IX of Minnesota Constitution | 1 session | 50.01% | Simple majority of total ballots cast in the election, rather than ballots cast on the measure |
| Mississippi | Article XV of Mississippi Constitution | 1 session | 66.67% | Simple majority of ballots cast on the measure and at least 40% of total ballots cast in the election |
| Missouri | Article XII of Missouri Constitution | 1 session | 50.01% | Simple majority |
| Montana | Article XIV of Montana Constitution | 1 session | 66.67% between both chambers[2] | Simple majority |
| Nebraska | Article XVI of Nebraska Constitution | 1 session | 60.00%[3] | Simple majority |
| Nevada | Article XVI, Section 1 of Nevada Constitution | 2 sessions | 50.01% | Simple majority of ballots cast on the measure and at least 35% of total ballots cast in the election |
| New Hampshire | Article 100 of New Hampshire Constitution | 1 session | 60.00% | 66.67% |
| New Jersey | Article IX of New Jersey Constitution | 1 session (with 60.00% vote) 2 sessions (with 50.01% vote) |
60.00% (1 session) 50.01% (2 sessions) |
Simple majority |
| New Mexico | Article XIX of New Mexico Constitution | 1 session | 50.01%[4] | Simple majority |
| New York | Article XIX of New York Constitution | 2 sessions | 50.01% | Simple majority |
| North Carolina | Article XIII of North Carolina Constitution | 1 session | 60.00% | Simple majority |
| North Dakota | Article IV, Section 16 of North Dakota Constitution | 1 session | 50.01% | Simple majority |
| Ohio | Article XVI of Ohio Constitution | 1 session | 60.00% | Simple majority |
| Oklahoma | Article XXIV, Section 1 of Oklahoma Constitution | 1 session | 50.01%[5] | Simple majority |
| Oregon | Article XVII of Oregon Constitution | 1 session | 50.01% | Simple majority |
| Pennsylvania | Article XI of Pennsylvania Constitution | 1 session (with 66.67% vote)[6] 2 sessions (with 50.01% vote) |
66.67% (1 session)[6] 50.01% (2 sessions) |
Simple majority |
| Rhode Island | Article XIV of Rhode Island Constitution | 1 session | 50.01% | Simple majority |
| South Carolina | Article XVI of South Carolina Constitution | 1 session | 66.67% | Simple majority |
| South Dakota | Article XXIII of South Dakota Constitution | 1 session | 50.01% | Simple majority |
| Tennessee | Article XI, Section 3 of Tennessee Constitution | 2 sessions | 50.01% (first session) 66.67% (second session) |
Simple majority of ballots cast on the measure and a simple majority of ballots cast in the governor's election |
| Texas | Article XVII of Texas Constitution | 1 session | 66.67% | Simple majority |
| Utah | Article XXIII of Utah Constitution | 1 session | 66.67% | Simple majority |
| Vermont | Section 72 of Vermont Constitution | 2 sessions | 66.67% in Senate and 50.01% in House during first session 50.01% in both chambers during second session |
Simple majority |
| Virginia | Article XII of Virginia Constitution | 2 sessions | 50.01% | Simple majority |
| Washington | Article XXIII of Washington Constitution | 1 session | 66.67% | Simple majority |
| West Virginia | Article XIV of West Virginia Constitution | 1 session | 66.67% | Simple majority |
| Wisconsin | Article XII of Wisconsin Constitution | 2 sessions | 50.01% | Simple majority |
| Wyoming | Article XX of Wyoming Constitution | 1 session | 66.67% | Simple majority of total ballots cast in the election, rather than ballots cast on the measure |
Other rules and procedures regarding legislative constitutional amendments
Return to legislature after voter approval
In 48 of 49 states that require voter approval of constitutional amendments, voter approval is the final step leading to ratification. In South Carolina, when voters approve a constitutional amendment, the amendment returns to the state Legislature, which must approve the constitutional amendment for a second time.
Amendments regarding local jurisdictions
Some state constitutions contain provisions that affect specific jurisdictions and not the state as a whole. In Alabama, Louisiana, Maryland, there are specific requirements regarding voter approval.
- In Alabama, a local constitutional amendment requires statewide approval and local approval unless the legislative vote is unanimous, in which case the local constitutional amendment requires local approval and not statewide approval.
- In Louisiana, a constitutional amendment affecting five or fewer parishes, or five or fewer municipalities, requires statewide approval and approval in those specific jurisdictions.
- In Maryland, a constitutional amendment affecting a specific jurisdiction must be approved statewide and in the specific jurisdiction.
Cap on number of legislative constitutional amendments
In Arkansas, Illinois, Kansas, and Kentucky, legislatures cannot refer more than a certain number of constitutional amendments to the ballot.
- In Arkansas, the General Assembly can refer no more than three constitutional amendments to an election ballot.
- In Illinois, the General Assembly can propose to amend no more than three articles of the state constitution at a single election.
- In Kansas, the Legislature can refer no more than five constitutional amendments to an election ballot.
- In Kentucky, the Legislature can refer no more than four constitutional amendments to an election ballot.
Other state-specific provisions
Colorado
In Colorado, the General Assembly can propose amendments to no more than six of the state constitution's articles.
Georgia
In Georgia, the General Assembly can remove a proposed constitutional amendment from the ballot with a two-thirds vote of both legislative chambers and at least two months before the election would have occurred.
Illinois
In Illinois, the General Assembly is not allowed to propose constitutional amendments when a state constitutional convention has been called through the time that an election is held on proposed amendments from the convention.
New Jersey
In New Jersey, when voters reject a proposed constitutional amendment, the same amendment or a similar amendment cannot be referred to voters until the third general election thereafter.
Pennsylvania
In Pennsylvania, when voters reject a proposed constitutional amendment, the same amendment cannot be referred to voters for at least five years.
Types of ballot measures
- See also: Ballot measure
Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. The following is a list of different types of state ballot measures:
See also
- Forms of direct democracy in the American states
- Amending state constitutions
- Constitutional amendment
- Types of ballot measures
- Types of citizen-initiated ballot measures
- Initiated constitutional amendment
- List of ballot measures by state
Footnotes
- ↑ During a special ballot measure election, a simple majority of ballots cast on the measure and an affirmative vote from at least 30% of the total number of registered voters in the state are required.
- ↑ In Montana, a two-thirds vote is required of the entire Legislature, meaning an amendment can be certified for the ballot with less than a two-thirds vote in one chamber, and more than a two-thirds vote in the other chamber.
- ↑ In Nebraska, a 80.00% vote is required to place the proposed constitutional amendment on a special election ballot.
- ↑ In New Mexico, a constitutional amendment to restrict rights found in Sections 1, 3, 8, and 10 of Article VII of the New Mexico Constitution require a 75.00% vote of the Legislature.
- ↑ For the amendment to be referred to a special election ballot, a two-thirds vote is required in Oklahoma.
- ↑ 6.0 6.1 The Pennsylvania State Legislature can refer a constitutional amendment during one legislative session with a two-thirds vote in each legislative chamber and upon finding that a "major emergency threatens or is about to threaten the Commonwealth."
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