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This week's question was, Which state does not require voter approval to amend its constitution?
You answered: Maine
The correct answer is Delaware!
Every state but Delaware requires voter approval before a proposed amendment becomes a part of the state's constitution.
Article XVI of the Delaware Constitution defines the following paths by which the Delaware Constitution can be amended:
- The Delaware General Assembly can amend the constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
- Two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment.
- The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
- The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
- The state's constitution can also be amended through a constitutional convention.
- By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can go on a statewide ballot. If a simple majority of those voting on the question vote "yes," then there will be a convention.
There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states:
- Through legislatively referred constitutional amendments.
- Through initiated constitutional amendments put on the ballot through a citizen signature petition. Eighteen states allow this method of amendment. The requirements in several of these states, such as Illinois and Mississippi, are difficult and rarely used.
- Through constitutional conventions. In some states, automatic ballot referrals allow voters to decide at regular intervals whether to hold a convention.
- In Florida, there is a commission-referred amendment process.
Click here to learn more about amending state constitutions.
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