Constitutional convention

From Ballotpedia

Ballot Basics
Amendments
Legislative referrals Citizen initiatives
Statutes
Legislative referrals Citizen initiatives
Veto referendum
Bond issue
Recall

A constitutional convention is a gathering of elected delegates who propose revisions and amendments to a constitution.

Automatic ballot referrals

In some states, the question of whether to hold a constitutional convention is automatically referred to a statewide ballot without any requirement for a vote of the state legislature to place the question on the ballot.

These states are:

• Alaska. The Alaska constitution calls for the question of whether to hold a convention to automatically by placed on the ballot every ten years. The last time Alaskans voted on whether to hold a constitutional convention was in 2002, rejecting the idea with only 27.6% in favor.

• Connecticut. Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. One such vote will occur on November 4, 2008. The next will be in November 2028. See Connecticut Constitutional Convention (2008).

• Hawaii. The state legislature can convene a constitutional convention by a simple majority vote. If they don't hold one every ten years, the state's Lieutenant Governor orders the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" to be placed on a statewide ballot. See Hawaii Constitutional Convention (2008) and Hawaii Constitutional Convention Question (1998)

• Illinois. Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. The next occasion is November 4, 2008 ballot, when they will consider the Illinois Constitutional Convention Queston.

• Iowa. Starting in 1970 and every ten years thereafter, there is an automatic ballot referral on the Iowa ballot about whether to hold a constitutional convention. The Iowa State Legislature can also agree to put the question on the ballot.^[1]

• Maryland. The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every twenty years. This question will next appear on the ballot in 2010.

• Missouri. The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every twenty years. This practice started in 1942. Voters said "yes" to the question in 1942, and "no" in 1962, 1982 and 2002.^[2]

• New Hampshire. The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. The New Hampshire State Legislature can place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question.^[3]

• New York. The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every twenty years, starting in 1957. The New York State Legislature can also place the question about having a convention on the statewide ballot by a majority vote.^[4]

• Rhode Island. The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. The Rhode Island State Legislature can place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question.^[5]

Majority vote of legislature, voter ratification

• Alabama. A constitutional convention can occur in Alabama if a simple majority of the members of both houses of the Alaska State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority. There is no provision in Alabama for an automatic ballot referral. ^[6]

• Hawaii. The state legislature can convene a constitutional convention by a simple majority vote. If they don't hold one every ten years, the state's Lieutenant Governor orders the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" to be placed on a statewide ballot. See Hawaii Constitutional Convention (2008).

• Kentucky. A constitutional convention can be held in Kentucky if (a) the Kentucky State Legislature votes, in two successive sessions, by a simple majority, to place the question on a statewide general election ballot and (b) if the question is approved by a majority of voters, but only if the total number of votes cast for the calling of a convention is equal to 25% of the number of qualified voters who voted at the last preceding general election in the state.^[7]

• Pennsylvania.

• Tennessee. A constitutional convention can occur in Tennessee if a simple majority of the members of both houses of the Tennessee State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[8]

• West Virginia. A constitutional convention can occur in West Virginia if a simple majority of the members of both houses of the West Virginia State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[9]

• Wisconsin. A constitutional convention can occur in Wisconsin if a simple majority of the members of both houses of the Wisconsin State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[10]

2/3rds vote of legislature

• Georgia. A constitutional convention can occur in Georgia if a 2/3rds majority of the members of both houses of the Georgia State Legislature agree to hold it. That agreement does not need to be put to a vote of the people.^[11]

• Virginia. A constitutional convention can occur in Virginia if a 2/3rds majority of the members of both houses of the Virginia State Legislature vote in favor of the question. No additional voter ratification on the question of whether to hold the convention is required.^[12]

2/3rds vote of legislature, voter ratification

• California. A constitutional convention can occur in California if a 2/3rds majority of the members of both houses of the California State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority. California has held two such conventions, in 1849 and 1878.^[13]

• Delaware. A constitutional convention can occur in Delaware if a 2/3rds majority of the members of both houses of the Delaware State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.

• Kansas. The Kansas State Legislature can, by a 2/3rds vote, place on the statewide ballot the question, "Shall there be a convention to amend or revise the constitution of the state of Kansas?". The legislature can also call a convention that is limited to consideration of amending a particular specified article of the state's constitution. A simple majority of voters is required to approve the question.^[14]

• Minnesota. A constitutional convention can be held in Minnesota if 2/3rds of the members of both houses of the Minnesota State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority. ^[15]

• New Mexico. A constitutional convention can be held in New Mexico if 2/3rds of the members of both houses of the New Mexico State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority.^[16]

• North Carolina. A constitutional convention can be held in North Carolina if 2/3rds of the members of both houses of the North Carolina State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority.^[17]

• South Carolina. A constitutional convention can be held in South Carolina if 2/3rds of the members of both houses of the North Carolina State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority.^[18]

• State of Washington. According to Section 2 of Article XXVIII of the Washington State Constitution, it takes a two-thirds vote of each chamber of the Washington State Legislature to call a constitutional convention to revise or amend the Washington State Constitution. If two-thirds of each chamber does want a convention, they must put a question on the state's ballot asking the voters if they agree. If a majority of voters do agree, a convention will occur.^[19]

States that don't provide for constitutional conventions

Arizona

Arkansas

California

Colorado

Florida

Idaho[20]

Indiana[21]

Michigan

Mississippi

New Jersey

Texas

See also

• Amending state constitutions

External links

• Alaska Constitution, Article 13, Section 3: "Call by Referendum"

References

v • d • e Types of ballot measures Initiated state statute • Initiated constitutional amendment • Indirect initiated state statute • Indirect initiative amendment • Indirect initiative • Initiatives to the Legislature (Washington) • Initiatives to the People (Washington) • Legislative referral • Legislatively-referred state statute • Legislatively-referred constitutional amendment • Commission referral • Statute affirmation • Automatic ballot referral • Veto referendum • Constitutional convention • Bond issue • Recall