Constitutional convention

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A constitutional convention is a gathering of elected delegates who propose revisions and amendments to a constitution. Forty-two states have rules that govern how, in their state, a constitutional convention can be called.

The main differences between states in terms of their laws governing constitutional conventions are:

• 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 (in some states) twenty years.
• In some states, the state legislature can act to place on the ballot a question asking the voters whether they wish to call a convention. These states vary with respect to:

• What percentage of those in the state legislature must vote to place such a question on the ballot.
• Whether the legislature must vote in favor of placing such a measure before the people in one or more legislative sessions.
• Once a constitutional convention question has been placed before the voters, what percentage of them must approve it for it to become part of the state's constitution.

• In some states, the legislature can call a convention without having to ask the voters for their approval of a convention.

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. Section 3 of Article 13 of 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. Section 3 of Article X of the Iowa Constitution says that 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. According to Section 286 of Article XVIII of the Alabama Constitution, a constitutional convention can occur in the state if a simple majority of the members of both houses of the Alabama 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. Article XII of the Wisconsin Constitution lays out the procedure whereby a constitutional convention can be called. A simple majority of the members of both houses of the Wisconsin State Legislature must vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[10]

3/5ths vote of legislature, voter ratification

• Illinois. Under Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention can be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in the affirmative. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

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.^[11] The state's voters approved a call for a constitutional convention in 1933, but the California State Legislature declined to act on that call.^[12]

• Colorado. Article XIX of the Colorado Constitution says that the Colorado General Assembly by a two-thirds vote of each chamber (the Colorado House of Representatives and the Colorado Senate) can place a measure on the ballot asking the state's voters if they want a constitutional convention. The voters can approve a constitutional convention with a simple majority vote. Any proposed amendments coming out of such a convention are then to be submitted to a statewide vote of the people who can approve them by a simple majority.

• 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.

• Idaho. Article XX of the Idaho Constitution says that a constitutional convention can be called if two-thirds of the members of each house of the Idaho State Legislature vote to place before the people a question as to whether the people want to call a convention. If a majority of all the voters voting at the election vote for a convention, the legislature must arrange to have a convention.

• 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.^[13]

• 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. ^[14]

• 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.^[15]

• 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.^[16]

• 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.^[17]

• 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.^[18]

2/3rds vote of legislature

• Georgia. According to Paragraph IV of Article X of the Georgia Constitution, a constitutional convention can occur in Georgia if a 2/3rds majority of the members of both houses of the Georgia General Assembly agree to hold it. That agreement does not need to be put to a vote of the people.^[19]

• 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.^[20]

States that don't provide for constitutional conventions

Arizona

Arkansas

Florida

Indiana[21]

Michigan

Mississippi

New Jersey

Texas

Article 21 of the Arizona Constitution alludes to the possibility of the state legislature calling a constitutional convention, but says that this step can only be taken if "laws providing for such Convention shall first be approved by the people on a Referendum vote at a regular or special election." Presumably, either the Arizona State Legislature through a legislatively-referred constitutional amendment or the people, through an initiated constitutional amendment, could place on the ballot a measure that provided such laws.

See also

• Amending state constitutions

External links

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

References

	v • d • e Constitutions of the American states
State constitutions	Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Changing constitutions	Amending state constitutions • Constitutional amendment • Constitutional revision • Constitutional convention • Legislatively-referred constitutional amendment • Initiated constitutional amendment • Preambles to state constitutions

v • d • e Types of ballot measures Ballot question • 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