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Legislatively referred constitutional amendment, two-session requirements
The legislatures of 49 states vote on constitutional amendments in order to refer them to the ballot for voter consideration. Delaware is the exception, with the legislature voting on constitutional amendments but not requiring voter approval. Most of the states (36 of 49) require legislatures to approve the amendments during one legislative session. An additional four states require amendments to be passed during one or two successive legislative sessions, depending on whether the amendment receives a simple majority or supermajority. The remaining nine states require legislatures to approve amendments twice—once during one legislative session and then again during the next legislative session.
The page provides information on the states that require two-session legislative votes for constitutional amendments to appear on ballots.
States
- See also: Amending state constitutions
In Indiana, Iowa, Massachusetts, Nevada, New York, Tennessee, Vermont, Virginia, and Wisconsin, state legislatures are required to pass a constitutional amendment over two successive legislative sessions to refer the amendment to the ballot.
In Connecticut, Hawaii, New Jersey, and Pennsylvania, state legislatures can refer constitutional amendments to the ballot during either one legislative session or two legislative sessions, depending on the size of the vote and other factors. Between the 2010 and 2021 legislative sessions, all of Pennsylvania's constitutional amendments were referred over two sessions, and all of Hawaii's constitutional amendments were referred over one session. In Connecticut and New Jersey, both options were used.
The following map illustrates the legislative session requirements to refer a constitutional amendment to the ballot in each state.
Passage of constitutional amendments
Between the 2010 and 2024 legislative sessions, 85 constitutional amendments were referred to the ballot in the 13 states requiring two-session legislative votes on constitutional amendments. Without a two-session requirement in these states, there would have been 132 constitutional amendments on the ballot in those 13 states. Of the 132 amendments passed in the first session and required approval in the second session to appear on the ballot, 47 (35.6%) were either rejected or not voted on in the second session.
The following table shows the constitutional amendments approved in state legislatures with two-session requirements between the 2010 and 2024 legislative sessions. The chart does not include amendments in Connecticut, Hawaii, New Jersey, and Pennsylvania that were passed in a single session.
| Amendments approved in two-session states, 2010—2024 | ||||
|---|---|---|---|---|
| State | Passed in session 1 | Passed in session 2 | Number failed | Percent failed |
| Connecticut | 4 | 4 | 0 | 0.0% |
| Hawaii | 0 | 0 | N/A | N/A |
| Indiana | 4 | 4 | 0 | 0.0% |
| Iowa | 8 | 4 | 4 | 50.0% |
| Massachusetts | 1 | 1 | 0 | 0.00% |
| Nevada | 34 | 17 | 17 | 50.0% |
| New Jersey | 2 | 1 | 1 | 50.0% |
| New York | 17 | 16 | 1 | 5.9% |
| Pennsylvania | 20 | 7 | 13 | 65.0% |
| Tennessee | 6 | 4 | 2 | 33.3% |
| Vermont | 2 | 2 | 0 | 0.00% |
| Virginia | 19 | 13 | 6 | 31.6% |
| Wisconsin | 15 | 12 | 3 | 20.0% |
| Total | 132 | 85 | 47 | 35.6% |
Changes in party control
Between the 2010 and 2024 legislative sessions, 132 constitutional amendments were approved during one legislative session in the states with two-session vote requirements. However, 47 of these constitutional amendments (35.6%) failed during the second legislative session.
From 2010 to 2024, when there was a change in party control of the legislature between legislative sessions, 81% (17 of 21) of the constitutional amendments approved during the first session failed, and 19% (4 of 21) passed during the second session.
- Example: In 2021-2022, the Republican-controlled Pennsylvania State Legislature approved six constitutional amendments for the first time. Democrats won control of the House in 2022, and the legislature became divided. Each of the six constitutional amendments failed to receive a vote in both chambers in 2023-2024.
- Example: In 2009-2010, Democrats controlled the Wisconsin State Legislature and approved three constitutional amendments. Republicans controlled the legislature during the next legislative session in 2011-2012, and zero of the constitutional amendments received a floor vote.
The following is a list of constitutional amendments in which two different political parties controlled the legislature during successive sessions:
| Amendments requiring two-session approval and that saw party control changes between sessions, 2010—2023 | ||||||
|---|---|---|---|---|---|---|
| State | Amendment | Session 1 year | Session 1 party | Session 2 year | Session 2 party | Status |
| Nevada | Legislature Revisions | 2013 | Democratic | 2015 | Republican | Failed in 2nd session (no floor vote) |
| Nevada | Marriage Regardless of Gender | 2013 | Democratic | 2015 | Republican | Failed in 2nd session (no floor vote) |
| Nevada | Compensation Commission | 2015 | Republican | 2017 | Democratic | Failed in 2nd session (no floor vote) |
| Nevada | Right to Hunt and Fish | 2015 | Republican | 2017 | Democratic | Failed in 2nd session (no floor vote) |
| Nevada | Two-Thirds Vote for Revenue Increasing Measures | 2015 | Republican | 2017 | Democratic | Failed in 2nd session (no floor vote) |
| Nevada | Property Tax Limits | 2015 | Republican | 2017 | Democratic | Failed in 2nd session (no floor vote) |
| Nevada | Marsy's Law Crime Victims Rights | 2015 | Republican | 2017 | Democratic | Passed in 2nd session (certified) |
| Pennsylvania | No State Constitutional Right to Abortion Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote) |
| Pennsylvania | Lieutenant Governor Selection Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote) |
| Pennsylvania | Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote in Senate) |
| Pennsylvania | Voter ID Requirement Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote in House) |
| Pennsylvania | Election Audits Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote) |
| Pennsylvania | Allow for Concurrent Resolutions to Disapprove of Regulations Amendment | 2021-2022 | Republican | 2023-2024 | Divided | Failed in 2nd session (no floor vote in House |
| Virginia | Question 1, Redistricting Commission Amendment | 2019 | Republican | 2020 | Democratic | Passed in 2nd session (certified) |
| Virginia | Question 2, Motor Vehicle Property Tax Exemption for Disabled Veterans Amendment | 2019 | Republican | 2020 | Democratic | Passed in 2nd session (certified) |
| Virginia | Right to Marriage Regardless of Gender Amendment | 2021 | Democratic | 2022 | Divided | Failed in 2nd session (no floor vote in House) |
| Virginia | Felon Voting Rights Restoration Amendment | 2021 | Democratic | 2022 | Divided | Failed in 2nd session (no floor vote in House) |
| Virginia | Property Tax Exemption for Veterans and Surviving Spouses Amendment | 2023 | Divided | 2024 | Democratic | Passed in 2nd session (certified) |
| Wisconsin | Continuation of Government | 2009-2010 | Democratic | 2011-2012 | Republican | Failed in 2nd session (no floor vote) |
| Wisconsin | Local Executive Veto of Words to Create New Words | 2009-2010 | Democratic | 2011-2012 | Republican | Failed in 2nd session (no floor vote) |
| Wisconsin | Governor Veto of Words to Create New Words | 2009-2010 | Democratic | 2011-2012 | Republican | Failed in 2nd session (no floor vote) |
States with elections between sessions
Of the nine states requiring that constitutional amendments be approved over two successive sessions, all of them require an election between session, either explicitly or by default due to a two-year session length. Connecticut and Pennsylvania also require an election between legislative sessions when more than one session is required to refer a constitutional amendment. Hawaii and New Jersey do not require an election between legislative sessions when more than one session is required to refer a constitutional amendment.
See also
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