Legislatively-referred constitutional amendment

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A legislatively-referred constitutional amendment is a proposed constitutional amendment that appears on a state's ballot as a ballot measure because the state legislature in that state voted to put it before the voters.

A legislatively-referred constitutional amendment is a limited form of direct democracy with comparison to the initiated constitutional amendment. With the initiated constitutional amendment, voters are in charge of the process from beginning to end, whereas with the legislatively-referred amendment, they can only approve or reject amendments which their legislature votes to place before them.

49 states have a law in place that allows citizens to vote on proposed constitutional amendments offered by the state legislature. The exception is Delaware, where the legislature alone acts on constitutional amendments.

Differing methods

Main article: Amending state constitutions

One legislative session

36 states permit an amendment to be submitted to the state's voters after one passage through the legislature. These states vary with respect to the percentage of the vote required in the legislature to place an amendment on the ballot.

Approval in two successive sessions

Eleven states require that proposed amendments be approved in two successive sessions of the legislature, often with the requirement that a state legislative election intervene between the two times the amendment is considered in the legislature.

• Tennessee. As established in Section 3, Article XI a proposed amendment must be approved in two successive sessions of the Tennessee General Assembly. In the first session, a majority of the members of both houses must approve it. In the second session, a "two-thirds of all the members elected to each house" must approve of it.

• Virginia. As established in Article XII of the Virginia Constitution, proposed amendments must be approved by two successive sessions of the Virginia State Legislature. A general election of members of the Virginia House of Delegates must take place in between those sessions.

Majority vote of legislature

• According to Article XIX of the New Mexico Constitution, it takes a majority vote of all members of both houses of the New Mexico State Legislature to refer a proposed amendment to the ballot.

• Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution." (Unlike any other state constitution, the North Dakota Constitution defines the process of the legislatively-referred constitutional amendment in the article of the state constitution that, overall, has to do with the rights and perogatives of the state's legislative branch. Nearly every other state constitution has a separate article of the constitution just to do with how that constitution can be amended.)

• Section 1, Article XVIII of the Oregon Constitution says that it takes a majority vote of both chambers of the Oregon State Legislature to put an amendment proposed by the legislature on the ballot. The legislature can call a special election to vote on such proposed amendments.

• Section 1 of Article 14 of the Rhode Island Constitution says that the Rhode Island General Assembly can initiate the process of amendment "by a roll call vote of a majority of the members elected to each house."

• Section 1 of Article XXIII of the South Dakota Constitution says that the South Dakota State Legislature can refer a proposed amendment to the state's voters through a majority vote.

Supermajority in legislature

• Alabama: Article XVIII of the Alabama Constitution says that it takes a three-fifths (60%) vote of the Alabama State Legislature to qualify an amendment for the ballot.

• New Hampshire: Part II, Article 100 says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the New Hampshire General Court. Once on the ballot, a proposed amendment must be approved by 2/3rds of those voting in order to become part of the state's constitution.

• North Carolina: Section 4 of Article XIII of the North Carolina Constitution says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the North Carolina State Legislature.

• South Carolina: Section 1 of Article XVI of the South Carolina Constitution says that a legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the South Carolina State Legislature.

• Tennessee. The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

• Utah. According to Section 1, Article XXIII, a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

Either/or

Four states (Connecticut, Hawaii, New Jersey and Pennsylvania) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.^[1]

• In Connecticut, the state legislature must approve a proposed amendment by a supermajority vote of 75% but the same amendment can also qualify for the ballot if successive sessions of the Connecticut State Legislature approve it by a simple majority.

• In Hawaii, the state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.

• In New Jersey, the state legislature must approve a proposed amendment by a supermajority vote of 60% but the same amendment can also qualify for the ballot if successive sessions of the New Jersey State Legislature approve it by a simple majority.

• In Pennsylvania, two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

Supermajority vote of electorate

• New Hampshire: A proposed amendment must be approved by 2/3rds of those voting in order to become part of the state's constitution.

Double majority

Several states require a so-called double majority vote on proposed amendments:

• Tennessee. A proposed amendment in Tennessee must earn a majority of those voting on the amendment, and "a majority of all the citizens of the state voting for governor."
• Utah. A proposed amendment in Utah requires a vote of at least a "majority of the electors of the State voting at the next general election." This means that more voters can vote "yes" on a particular amendment than "no" and it still might lose, depending on how many voters altogether vote in that election.

Legislature, voters, legislature

South Carolina has a unique provision under which amendments must be:

• Approved by a two-thirds vote in each chamber of the state's legislature.
• Approved by a statewide popular vote (simple majority)
• The amendment then goes back to the legislature, which must approve it by a simple majority. This second vote in the state legislature must take place "after the election and before another".

Special or general election?

State constitutions differ on the question of whether a state legislature can call a special election to vote on an amendment they wish to propose to the people.

General only

Alaska Arkansas Colorado Connecticut Georgia Hawaii

Idaho Illinois Indiana Kentucky Maine Maryland

Minnesota Montana New Jersey Rhode Island South Carolina

Gubernatorial election

• Tennessee. In this state, amendments must go on the general election ballot in the year of a gubernatorial election.

Special possible

States where the legislature can call a special election to vote on an amendment proposed by the legislature include:

Alabama Arizona California Florida Oregon Pennsylvania

Iowa Kansas Louisiana Michigan Mississippi Missouri

Nebraska Nevada New York North Carolina Ohio Oklahoma

Oregon Pennsylvania Texas

Silent

• New Hampshire
• North Dakota

Other types of ballot measures

Automatic ballot referral Bond issue Commission-referred constitutional amendment Constitutional convention

Initiated state statute Indirect initiated state statute Initiated constitutional amendment Indirect initiative amendment

Legislative referral Legislatively-referred state statute Statute referendum Veto referendum

See also

• Forms of direct democracy in the American states

External links

• State chart of direct democracy options

References

1. ↑ Comparative Analysis of the mode of amending state constitutions, p. 108

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