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List of state ballot measures that failed supermajority requirements
Since 2000, 30 ballot measures in eight states received more yes votes than no votes but were defeated for not meeting the states' supermajority requirements. A supermajority requirement is a condition for approval for certain ballot measure elections, such as for constitutional amendments, where more than a simple majority (greater than 50%) of voters must vote in favor of a ballot measure for the measure to be approved.
Of the 49 states that provide for legislatively referred constitutional amendments, 11 states require a supermajority vote or other threshold for approval.
Supermajority requirements are also applied to specific ballot measure topics in certain states, such as tax increases, lotteries, or changing vote requirements.
| State | Colorado | Florida | Hawaii | Illinois | New Hampshire | Wyoming |
|---|---|---|---|---|---|---|
| Number of measures failing supermajority requirements since 2000 | 2 | 13 | 3 | 1 | 4 | 5 |
Colorado
In Colorado, constitutional amendments can be referred to the ballot by the state legislature or placed on the ballot through a successful initiative petition. Constitutional amendments in Colorado need to receive a supermajority vote of 55% of those voting on the question. This requirement was established by a citizen initiative, Amendment 71, in 2016 and was first effective in 2018. Constitutional amendments that only repeal text from the state constitution are exempt from the supermajority requirement.
Colorado ballot measures that failed supermajority requirements
Since Colorado's supermajority vote requirement was enacted in 2016, there have been two constitutional amendments on the ballot that received a majority vote in favor but were considered defeated since they did not achieve a 55% supermajority vote. These measures are detailed below.
- Number of measures failing supermajority requirement: 2
- Initiatives: 0
- Referrals: 2
- Closest margin from achieving supermajority requirement: 1.19%
- Largest margin from achieving supermajority requirement: 2.60%
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2018 | Amendment W | Referral | Shorten the ballot by allowing county clerks to use one judge retention question for each level of courts with individual judges listed as ballot items below the one judge retention question | 1,262,713 | 1,083,712 | 53.81% | 46.19% | |
| 2020 | Amendment C | Referral | Lower the number of years an organization must have existed before obtaining a charitable gaming license from five years to three years and to allow charitable organizations to hire managers and operators of gaming activities so long as they are not paid more than the minimum wage | 1,586,973 | 1,444,553 | 52.35% | 47.65% |
Florida
In Florida, constitutional amendments can be referred to the ballot by the state legislature or placed on the ballot through a successful initiative petition. Since 2006, constitutional amendments in Florida needed to receive a 60% supermajority vote to be adopted. This requirement was established by a constitutional amendment (Amendment 3) that was placed on the ballot by the state legislature.
Florida ballot measures that failed supermajority requirements
Since Florida's supermajority vote requirement was enacted in 2006, there have been 13 constitutional amendments on the ballot that received a majority vote in favor but were considered defeated since they did not achieve a 60% supermajority vote. These measures are detailed below.
- Number of measures failing supermajority requirement: 13
- Initiatives: 5
- Referrals: 8
- Closest margin from achieving supermajority requirement: 1.32%
- Largest margin from achieving supermajority requirement: 9.61%
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2024 | Amendment 1 | Referral | Make school board elections partisan beginning in the November 2026 general election and for primary elections nominating party candidates for the 2026 election | 5,492,993 | 4,512,372 | 54.90% | 45.10% | |
| 2024 | Amendment 3 | Initiative | Legalize marijuana for adults 21 years old and older and allowing individuals to possess up to three ounces of marijuana | 5,950,589 | 4,693,524 | 55.90% | 44.10% | |
| 2024 | Amendment 4 | Initiative | Provide a constitutional right to abortion before viability or when "necessary to protect the patient's health, as determined by the patient's healthcare provider" | 6,070,758 | 4,548,379 | 57.17% | 42.83% | |
| 2024 | Amendment 6 | Referral | Repeal the state constitutional provision that provides for public financing of campaigns for those running for elective statewide office who agree to campaign spending limits | 5,032,882 | 4,955,737 | 50.39% | 49.61% | |
| 2022 | Amendment 1 | Referral | Authorize the Legislature to prohibit flood resistance improvements from being taken into consideration when determining a property's assessed value for tax purposes | 4,016,022 | 2,997,158 | 57.26% | 42.74% | |
| 2022 | Amendment 2 | Referral | Abolish the Florida Constitution Revision Commission | 3,744,930 | 3,206,762 | 53.87% | 46.13% | |
| 2022 | Amendment 3 | Referral | Authorize the Legislature to provide an additional homestead property tax exemption for certain public service workers | 4,215,601 | 2,968,734 | 58.68% | 41.32% | |
| 2020 | Amendment 3 | Initiative | Establish a top-two open primary system for primary elections for state legislators, the governor, and cabinet (attorney general, chief financial officer, and commissioner of agriculture) in Florida | 5,854,468 | 4,410,768 | 57.03% | 42.97% | |
| 2018 | Amendment 1 | Referral | Exempt the portion of assessed home values between $100,000 and $125,000 from property taxes other than school taxes, bringing the maximum homestead exemption up to $75,000 | 4,560,689 | 3,293,857 | 58.06% | 41.94% | |
| 2016 | Amendment 1 | Initiative | Create a state constitutional right to own or lease solar energy equipment for personal use while also enacting constitutional protection for any state or local law, ensuring that residents who do not produce solar energy can abstain from subsidizing its production | 4,560,682 | 4,418,788 | 50.79% | 49.21% | |
| 2014 | Amendment 2 | Initiative | Legalize medical marijuana | 3,370,761 | 2,478,993 | 57.62% | 42.38% | |
| 2010 | Amendment 1 | Referral | Repeal the state constitutional provision that provides for public financing of campaigns for those running for elective statewide office who agree to campaign spending limits | 2,587,543 | 2,342,137 | 52.49% | 47.51% | |
| 2010 | Amendment 8 | Referral | Establish limits on average number of students assigned per class to each teacher in public schools, as opposed to on actual class size | 2,751,878 | 2,298,001 | 54.49% | 45.51% |
Hawaii
In Hawaii, constitutional amendments can only be placed on the ballot by the state legislature. Constitutional amendments in Hawaii require approval from a majority of all voters casting a vote in the election, which means that filling out a ballot but not voting on an amendment has the same effect as voting "no."
Hawaii ballot measures that failed supermajority requirements
Since 2000, there have been three constitutional amendments on the ballot that received more yes than no votes, but were considered defeated since they did not achieve a majority (over 50%) of all votes cast at the election. These measures are detailed below.
- Number of referred constitutional amendments failing supermajority requirement: 3
- Closest margin from achieving supermajority requirement: 49.60%
- Largest margin from achieving supermajority requirement: 46.00%
The percentages below may not add up to 100% because of ballots that were cast on which the constitutional amendments were left blank.
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % |
|---|---|---|---|---|---|---|---|
| 2016 | Amendment 1 | Referral | Increase the threshold value in controversy requirement for jury trials in civil cases at common law to $10,000 | 201,198 | 185,586 | 46.00% | 42.40% |
| 2012 | Dam and Reservoir Owners Assistance Amendment | Referral | Authorize the state to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners to make their facilities compliant with current safety standards | 212,395 | 175,952 | 48.70% | 40.30% |
| 2012 | Appoinrment of Retired Judges Amendment | Referral | Authorize the Chief Justice of the Supreme Court to appoint retired judges to temporary stations | 216,655 | 174,190 | 49.60% | 39.90% |
Illinois
In Illinois, constitutional amendments can be placed on the ballot by a successful citizen initiative or referred by the state legislature. Constitutional amendments in Illinois require a 60% vote of those voting on the measure or a majority of approval from all voters casting a vote in the election, which means that filling out a ballot but not voting on an amendment has the same effect as voting "no."
Illinois ballot measures that failed supermajority requirements
Since 2000, there has been one constitutional amendment on the ballot that failed the supermajority requirement.
- Number of measures failing supermajority requirement: 1
- Initiatives: 0
- Referrals: 1
- Margin from achieving supermajority requirement: 4.05%
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2012 | Public Pension Amendment | Referral | Require a three-fifths approval by the General Assembly, city councils, and school districts that wish to increase the pension benefits of their employees | 2,282,862 | 1,796,983 | 55.95% | 44.05% |
Maryland
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, 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.
Maryland ballot measures that failed supermajority requirements
Section 2 of Article 14 of the Maryland Constitution requires the Maryland General Assembly to refer this question to a statewide ballot every twenty years. Since 2000, there has been one constitutional convention question on the ballot in Maryland that failed the supermajority requirement.
- Number of measures failing supermajority requirement: 1
- Margin from achieving supermajority requirement: 1.67%
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2010 | Question 1 | Referral (Automatic) | Whether or not to hold a constitutional convention | 897,239 | 751,228 | 48.33% | 40.47% |
New Hampshire
In New Hampshire, constitutional amendments can be placed on the ballot by the state legislature. Constitutional amendments in New Hampshire require a 66.67% vote of approval.
New Hampshire ballot measures that failed supermajority requirements
Since 2000, there have been four constitutional amendments on the ballot that failed the supermajority requirement.
- Number of measures failing supermajority requirement: 4
- Initiatives: 0
- Referrals: 4
- Closest margin from achieving supermajority requirement: 1.07%
- Largest margin from achieving supermajority requirement: 9.80%
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2024 | Mandatory Judicial Retirement Age Amendment | Referral | Increase the mandatory judicial retirement age from 70 to 75 | 452,307 | 237,221 | 65.60% | 34.4% | |
| 2022 | Question 1 | Referral | Eliminate the register of probate offices and references to it within the New Hampshire Constitution | 329,157 | 194,291 | 62.88 | 37.12% | |
| 2012 | Income Tax Amendment | Referral | Prohibit new taxes on personal income | 355,054 | 266883 | 57.09% | 42.91% | |
| 2004 | Court Practices and Procedures Amendment | Referral | Provide for the powers of the judiciary and the legislature in regard to the regulation of court procedures | 271,091 | 205,589 | 56.87% | 43.13% |
Tennessee
In Tennessee, constitutional amendments can be placed on the ballot by the state legislature. 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.
Tennessee ballot measures that failed supermajority requirements
Since 2010 there has been one constitutional amendment on the ballot that failed the supermajority requirement.
- Number of measures failing supermajority requirement: 1
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % | Margin short of requirement |
|---|---|---|---|---|---|---|---|---|
| 2002 | Amendment 2 | Referral | Allow the general assembly to set a maximum fine that can be assessed without a jury | 702,434 | 623,535 | 41.62% | 36.95% |
Wyoming
In Wyoming, constitutional amendments can only be placed on the ballot by the state legislature. Constitutional amendments in Wyoming require approval from a majority of all voters casting a vote in the election, which means that filling out a ballot but not voting on an amendment has the same effect as voting "no."
Wyoming ballot measures that failed supermajority requirements
Since 2000, there have been five constitutional amendments on the ballot that received more yes than no votes, but were considered defeated since they did not achieve a majority (over 50%) of all votes cast at the election. These measures are detailed below.
- Number of referred constitutional amendments failing supermajority requirement: 5
- Closest margin from achieving supermajority requirement: 48.99%
- Largest margin from achieving supermajority requirement: 45.45%
The percentages below may not add up to 100% because of ballots that were cast on which the constitutional amendments were left blank.
| Year | Measure | Type | Description | Yes vote | No vote | Yes % | No % |
|---|---|---|---|---|---|---|---|
| 2020 | Constitutional Amendment A | Referral | Remove the constitutional limit on debt that a municipality may incur for municipal sewer projects and to allow the legislature to establish rules in statute for additional debt for municipal sewage projects | 126,589 | 120,808 | 45.45% | 43.38% |
| 2012 | Constitutional Amendment C | Referral | Allow district court commissioners to act even if the district court judge is present and even if the district court judge could properly hear the case | 122,824 | 88,562 | 48.99% | 35.33% |
| 2008 | Constitutional Amendment B | Referral | Change signature distribution requirement from 15% of two-thirds of counties to two-thirds of senate districts | 120,333 | 101,655 | 47.00% | 39.70% |
| 2004 | Question A | Referral | Eliminate a maximum on the amount of revenues rebated from school districts with assessed valuations exceeding statewide averages | 122,038 | 96,762 | 49.65% | 39.37% |
| 2002 | Constitutional Amendment D | Referral | Provide that amendments to the Wyoming Constitution proposed by the Wyoming Legislature be submitted to the electors of the state without prior presentment to the governor for his approval or disapproval | 87,786 | 78,679 | 46.69% | 41.84% |
Supermajority vote requirements for constitutional amendments
Of the 49 states that require voter approval for constitutional amendments, 11 states require a supermajority vote on the amendment or some rule that combines different criteria. Delaware is the one state where voter approval is not required for state constitutional amendments.
2/3rds vote
- New Hampshire: A proposed amendment must be approved by 2/3rds of those voting in order to become part of the state's constitution.
60% vote
- Illinois. For a constitutional amendment to win in Illinois, it must win a supermajority vote of 60 percent of those voting on the question or a majority of those who cast a ballot for any office in that election.
- Florida. For a constitutional amendment to win in Florida, it must win a supermajority vote of 60 percent of those voting on the question, according to Section 5 of Article XI. This change was made via Amendment 3 in 2006.
55% vote
- Colorado. For a referred or initiated amendment to win in Colorado, it must win a supermajority vote of 55 percent of those voting on the question, according to Section 1 of Article V and Section 2 of Article XIX of the Colorado Constitution. This change was made via Amendment 71 in 2016.
Other requirements
- 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 constitutional 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.
- Minnesota. Proposed constitutional amendments in Minnesota require majority approval from all voters casting a ballot in the election. In other words, leaving a constitutional amendment question blank on the ballot is equivalent to voting "no" in Minnesota.
- 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."
- In Massachusetts, a proposed amendment can be passed by majority vote, provided that the total number of votes cast on the amendment 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.
- In Wyoming, a proposed amendment must be approved by a majority of all voters casting ballots at the election.
- Note: In Utah, constitutional amendments put on the ballot by a constitutional convention require a majority vote of all voters at the election, but amendments referred to the ballot by the legislature require a majority vote of all voters on the measure.
Constitutional amendments of local applicability
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.
In Alabama, there is a process for certain amendments determined to be of local applicability to be approved only in the county to which the amendment applies without requiring statewide voter approval.
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, 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.
Supermajority requirements for ballot measures
To read more about ballot measure supermajority requirements, including ballot measures related to supermajority requirements, click here.
See also
Footnotes
