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Difference between revisions of "Supermajority requirement"

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* [[Parcel tax elections in California]].  Local parcel tax ballot measures must win a 2/3rds supermajority in order to pass.
 
* [[Parcel tax elections in California]].  Local parcel tax ballot measures must win a 2/3rds supermajority in order to pass.
* [[California school bond elections]].  Local school bond ballot propositions require a 55% supermajority vote to pass.
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* [[School bond elections in California]].  Local school bond ballot propositions require a 55% supermajority vote to pass.
  
 
==Enact state budgets==
 
==Enact state budgets==
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* [[Arkansas]].  75% of the [[Arkansas State Legislature]] must vote in favor of the state's budget for it to pass.
 
* [[Arkansas]].  75% of the [[Arkansas State Legislature]] must vote in favor of the state's budget for it to pass.
 
* [[California]].  In California, 2/3rds of the [[California State Legislature]] must vote in favor for a budget to be enacted. [[California Proposition 25, Majority Vote for Legislature to Pass the Budget (2010)|Proposition 25]] on the [[California 2010 ballot propositions|November 2, 2010 ballot]] might overturn this requirement.
 
* [[California]].  In California, 2/3rds of the [[California State Legislature]] must vote in favor for a budget to be enacted. [[California Proposition 25, Majority Vote for Legislature to Pass the Budget (2010)|Proposition 25]] on the [[California 2010 ballot propositions|November 2, 2010 ballot]] might overturn this requirement.
* [[Rhode Island]]. In California, 2/3rds of the [[Rhode Island State Legislature]] must vote in favor for a budget to be enacted.<ref>[http://articles.sfgate.com/2010-09-19/opinion/24011476_1_budget-requirement-for-tax-increases-supermajority ''San Francisco Chronicle'', "San Francisco Chronicle editorial: Yes on Prop. 25, No on Prop. 26", September 19, 2010]</ref>
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* [[Rhode Island]]. In California, 2/3rds of the [[Rhode Island State Legislature]] must vote in favor for a budget to be enacted.<ref>[http://articles.sfgate.com/2010-09-19/opinion/24011476_1_budget-requirement-for-tax-increases-supermajority ''San Francisco Chronicle'', "San Francisco Chronicle editorial: Yes on Proposition 25, No on Proposition 26," September 19, 2010]</ref>
  
 
==Tax increases==
 
==Tax increases==
  
Voters in the [[Washington|State of Washington]] passed [[Washington Legislative Supermajority or Voter Approval Required for Tax Increase, Initiative 960 (2007)|I-960]] in 2007, which imposed a 2/3rds requirement on the [[Washington State Legislature]] for tax increases.  The state legislature overturned this initiative through the process known as [[legislative tampering]] and its supporters then qualified [[Washington Supermajority Vote Required in State Legislature to Raise Taxes, Initiative 1053 (2010)|I-1053]] for the state's 2010 ballot.
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Voters in the [[Washington|State of Washington]] passed [[Washington Rules for Approving Tax Increases, Initiative 960 (2007)|I-960]] in 2007, which imposed a 2/3rds requirement on the [[Washington State Legislature]] for tax increases.  The state legislature overturned this initiative through the process known as [[legislative tampering]] and its supporters then qualified [[Washington Supermajority Vote Required in State Legislature to Raise Taxes, Initiative 1053 (2010)|I-1053]] for the state's 2010 ballot. [[Washington Supermajority Vote Required in State Legislature to Raise Taxes, Initiative 1053 (2010)|I-1053]] was approved.
  
==Referred amendments==
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Per the [[Nevada Constitution]], tax increases and any bill that includes them must be passed by a supermajority in each house and be signed by the [[Governor of Nevada|governor]].<ref>[http://www.cbpp.org/cms/?fa=view&id=3953 ''Center on Budget and Policy Priorities'', "Policy Basics: State Supermajority Rules to Raise Revenues," April 22, 2013]</ref> Due to a lack of funds for education, in 2003, the [[Judgepedia:Nevada Supreme Court]] ruled in ''Governor v. State Legislature'' that the legislature's job to fund education was more important than adhering to the constitution's supermajority requirement. However, this ruling was overturned by the Supreme Court in 2006 in ''Governor v. Legislature''.<ref>[http://taxfoundation.org/blog/nevada-supreme-court-reverses-course-tax-supermajority-requirement ''Tax Foundation'', "Nevada Supreme Court Reverses Course on Tax Supermajority Requirement," September 13, 2006]</ref>
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==Changing vote requirements==
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Measure that propose changing vote requirements require a supermajority vote. Passed in 1998, [[Oregon Ballot Measure 63, Required Winning Percentage on Supermajority Proposals (1998)|Oregon Ballot Measure 63]] amended the state constitution to require that:
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:"Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action shall become effective only if approved by at least the same percentage of voters specified in the proposed voting requirement."
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This provision also applies to [[Legislative referral|legislatively-referred]] ballot measures.
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==Votes on constitutional amendments==
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:: ''See also: [[Legislatively-referred constitutional amendment]]'' and ''[[Initiated constitutional amendment]]''
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In some states, voters must approve a proposed [[constitutional amendment]] by more than a simple majority.
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In Louisiana, a simple majority vote is required to approve an amendment, unless the amendment affects five or fewer parishes, in which case it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.
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In Maryland, [[Article XIV, Maryland Constitution|Article XIV of the Maryland Constitution]] allows for the possibility that some proposed constitutional amendments may apply to only one county (or the City of Baltimore, which is governed independently of a county structure). In this case, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but specifically in the county (or Baltimore) to which it exclusively applies.
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===60% supermajority===
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* [[Illinois]].  For a referred amendment to win in Illinois, it must win 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.
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* [[Florida]]. For a referred (or initiated) amendment to win in Florida, it must win a supermajority vote of 60% of those voting on the question, according to [[Article XI, Florida Constitution#Section 5|Section 5 of Article XI]]. This change was made via [[Florida Amendment 3, Supermajority Vote Required to Approve a Constitutional Amendment (2006)|Amendment 3 in 2006]].
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===2/3rds supermajority===
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* [[New Hampshire]]: A proposed amendment must be approved by 2/3rds of those voting in order to become part of the state's constitution.
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===Double majority===
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Several states require a so-called [[double majority]] vote on proposed amendments.  This means that the ballot question must win not just a majority of all votes cast on that particular proposal, but a majority of the vote of everyone voting in that election, even if not all voters cast a vote for or against a proposed amendment.
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* In [[Hawaii]], a proposed amendment is considered to be approved if:
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:*It is approved by a majority of all the votes tallied upon the question '''if''' this majority constitutes at least 50% of the '''total''' vote cast at the election, or,
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:*If approved at a special election by a majority of all the votes tallied upon the question, if this majority consists of at least 30% of the total number of registered voters in the state at that time.
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* [[Illinois]].  For a referred amendment to win in Illinois, it must win 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.
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* [[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."
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* [[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.
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===Other===
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* In [[Massachusetts]], a proposed amendment can be passed by majority vote, provided that the total number of votes cast on the initiative equals at least 30% of the total votes cast in the election.
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* In [[Mississippi]], an amendment is considered approved if it receives a majority vote, provided that the total number of votes cast on the initiative equals at least 40% of the total votes cast in the election.
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* In [[Nebraska]], a proposed amendment becomes part of the [[Nebraska Constitution]] if it wins a majority vote '''and''' it wins the votes of at least 35% of those voting in the election for any office.
  
 
==Constitutional conventions==
 
==Constitutional conventions==
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:: ''See also: [[Constitutional convention]]''
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Forty-four states have rules that govern how, in their state, a constitutional convention can be called. In most (but not all) of these states, the voters have to weigh in on the question.  In one state, [[Maryland]], a double majority is required to earn approval: the number of people voting "yes" needs to be more than 50% of the total number of Marylanders who vote overall; not just a simple majority of those voting on the question.  This came into play in [[Maryland 2010 ballot measures|Maryland in 2010]], when the [[Maryland Constitutional Convention Question, Question 1 (2010)|Constitutional Convention Question, Issue 1]] did win a majority of votes of those voting on the measure itself, but was defeated because that number of affirmative votes was less than 50% of those voting in the election overall.
  
 
==See also==
 
==See also==
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{{reflist}}
 
{{reflist}}
  
[[Category:California parcel taxes]]
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[[Category:California parcel tax]]
 
[[Category:Terms and definitions]]
 
[[Category:Terms and definitions]]

Latest revision as of 08:14, 21 March 2014

A supermajority requirement is a requirement in some votes and elections where more than a simple majority of those voting must vote in favor of a proposal in order for it to be considered to have been approved.

Examples of supermajority requirements:

Enact state budgets

Several states require a supermajority vote to pass their state's budget:

Tax increases

Voters in the State of Washington passed I-960 in 2007, which imposed a 2/3rds requirement on the Washington State Legislature for tax increases. The state legislature overturned this initiative through the process known as legislative tampering and its supporters then qualified I-1053 for the state's 2010 ballot. I-1053 was approved.

Per the Nevada Constitution, tax increases and any bill that includes them must be passed by a supermajority in each house and be signed by the governor.[2] Due to a lack of funds for education, in 2003, the Judgepedia:Nevada Supreme Court ruled in Governor v. State Legislature that the legislature's job to fund education was more important than adhering to the constitution's supermajority requirement. However, this ruling was overturned by the Supreme Court in 2006 in Governor v. Legislature.[3]

Changing vote requirements

Measure that propose changing vote requirements require a supermajority vote. Passed in 1998, Oregon Ballot Measure 63 amended the state constitution to require that:

"Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action shall become effective only if approved by at least the same percentage of voters specified in the proposed voting requirement."

This provision also applies to legislatively-referred ballot measures.

Votes on constitutional amendments

See also: Legislatively-referred constitutional amendment and Initiated constitutional amendment

In some states, voters must approve a proposed constitutional amendment by more than a simple majority.

In Louisiana, a simple majority vote is required to approve an amendment, unless the amendment affects five or fewer parishes, in which case it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

In Maryland, Article XIV of the Maryland Constitution allows for the possibility that some proposed constitutional amendments may apply to only one county (or the City of Baltimore, which is governed independently of a county structure). In this case, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but specifically in the county (or Baltimore) to which it exclusively applies.

60% supermajority

  • Illinois. For a referred amendment to win in Illinois, it must win 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 supermajority

  • 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. This means that the ballot question must win not just a majority of all votes cast on that particular proposal, but a majority of the vote of everyone voting in that election, even if not all voters cast a vote for or against a proposed amendment.

  • In Hawaii, a proposed amendment is considered to be approved if:
  • It is approved by a majority of all the votes tallied upon the question if this majority constitutes at least 50% of the total vote cast at the election, or,
  • If approved at a special election by a majority of all the votes tallied upon the question, if this majority consists of at least 30% of the total number of registered voters in the state at that time.
  • Illinois. For a referred amendment to win in Illinois, it must win 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.
  • 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.

Other

  • In Massachusetts, a proposed amendment can be passed by majority vote, provided that the total number of votes cast on the initiative equals at least 30% of the total votes cast in the election.
  • In Mississippi, an amendment is considered approved if it receives a majority vote, provided that the total number of votes cast on the initiative equals at least 40% of the total votes cast in the election.
  • In Nebraska, a proposed amendment becomes part of the Nebraska Constitution if it wins a majority vote and it wins the votes of at least 35% of those voting in the election for any office.

Constitutional conventions

See also: Constitutional convention

Forty-four states have rules that govern how, in their state, a constitutional convention can be called. In most (but not all) of these states, the voters have to weigh in on the question. In one state, Maryland, a double majority is required to earn approval: the number of people voting "yes" needs to be more than 50% of the total number of Marylanders who vote overall; not just a simple majority of those voting on the question. This came into play in Maryland in 2010, when the Constitutional Convention Question, Issue 1 did win a majority of votes of those voting on the measure itself, but was defeated because that number of affirmative votes was less than 50% of those voting in the election overall.

See also

References