Mandatory vote about whether a statewide constitutional convention shall be held
Forty-four states have rules that govern how, in their state, a state constitutional convention can be called. In fourteen of the states, one of the available mechanisms by which a state constitutional convention can be called is a mandatory statewide ballot question that appears on the ballot at preset intervals.[1]
Every 10 years
Alaska
Section 3 of Article 13 of the Alaska Constitution calls for the question of whether to hold a convention to automatically by placed on the ballot every ten years. The last time Alaskans voted on whether to hold a constitutional convention was in 2012, rejecting the idea with only 33% in favor.
Hawaii (9/10)
When the original Hawaii Constitution was adopted in 1950, it provided for a ten-year interval between mandatory submission to the voters of a constitutional convention question. In 1976, such a measure was on the ballot. This measure was approved and led to a constitutional convention in 1978. That convention proposed that the interval be changed to nine years.[1]
Specifically, according to Section 2 of Article XVII of the Hawaii Constitution (emphasis added)
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The legislature may submit to the electorate at any general or special election the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" If any nine-year period shall elapse during which the question shall not have been submitted, the lieutenant governor shall certify the question, to be voted on at the first general election following the expiration of such period. |
Although Hawaii's constitutional language refers to "nine years", this does not mean that Hawaiians will vote on a constitutional convention question every nine years. Rather, the Hawaii constitution says that if a nine-year period passes without a con-con referendum, a referendum is required at the next general election after that nine-year period has passed. But Hawaii only holds general elections in even-numbered years. If the Hawaii State Legislature were to schedule a vote on a con-con question as its perogative and that vote took place, at the state legislature's preference, in a special election in an odd-numbered year (or at a non-November special election date in an even-numbered year), a situation could arise where the next general election is nine years plus some number of days away from the state's last con-con referendum. Section 2 of Article XVII would in such a situation require a 9-year break between referendums. But if the past referendum is on a general election ballot in an even-numbered year, the nine-year period will always end in an odd-numbered year. This means that the mandatory vote won't be held until the following year (10 years).
One consequence of this is that if Hawaii only ever holds mandatory con-con votes (which would mean that the state legislature never exercises its perogative to ask for a special vote on this topic), then there will always be ten years between such votes in Hawaii.
See:
- Hawaii Constitutional Convention, Question 1 (2008)
- Hawaii Constitutional Convention Question (1998)
Iowa
Section 3 of Article X of the Iowa Constitution says that starting in 1970 and every ten years thereafter, there is an automatic ballot referral on the Iowa ballot about whether to hold a constitutional convention. The Iowa State Legislature can also agree to put the question on the ballot.[2] In 2010, voters rejected the idea of a convention, with only 33% voting in favor.
New Hampshire
The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. Starting in 1792, New Hampshire required that a mandatory vote on whether to hold a constitutional convention take place every seven years. This was changed in 1964 to the current ten-year requirement.[1] The New Hampshire General Court can also place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question. Up until 1964, the New Hampshire Constitution (Part 2, Article 100) required an automatic ballot question about whether to hold a convention every seven years. In 2012, voters rejected the idea of a convention, with 36% voting in favor.
Rhode Island
The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. This requirement was placed into the Rhode Island Constitution at a convention held in 1973.[3] The Rhode Island State Legislature can place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question.[4] Rhode Island has a unique provision about elections on the constitutional convention question. It is, "Prior to a vote by the qualified electors on the holding of a convention, the general assembly, or the governor if the general assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble information on constitutional questions for the electors." This means that before the vote is held, a preparatory commission must be created to do some groundwork for a convention, if the state's voters choose to hold one. Voters in 2014 rejected the idea of a convention; 55% voted against the idea.
Every 16 years
| Constitutional conventions on the ballot in 2010 |
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Michigan
According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every sixteen years starting in 1978. 1994 and 2010 were in the sixteen-year sequence. In 2010, only 33% of voters were in favor of gathering a convention. The next time Michigan voters will face this question is 2026.
Every 20 years
Connecticut
Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. One such vote will occur on November 4, 2008. The next will be in November 2028. See Connecticut Constitutional Convention, Question 1 (2008).
Illinois
Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. This automatic vote occurred most recently in 2008.
Maryland
By the terms of Section 2 of Article 14 of the Maryland Constitution, a question as to whether to hold a constitutional convention must automatically be placed on the statewide general election ballot every twenty years. This question will next appear on the ballot in 2030. To win 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.
Missouri
As established in Section 3a of Article XII, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every twenty years. This practice started in 1942. Voters said "yes" to the question in 1942. From this convention, a new constitution (The Missouri Constitution of 1945) came about. Voters have said subsequently said "no" to the idea of a constitution convention in 1962, 1982 and 2002.[5]
Montana
As established in Section 3, Article XIV of the Montana Constitution, a question about whether to hold a constitutional convention in the state shall automatically go on the ballot every twenty years if it has not otherwise appeared on the ballot. The last time voters in Montana weighed in on this question was in 2010, when they defeated it 58-42%.
New York
According to Section 2 of Article XIX of the New York Constitution, the question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every twenty years, starting in 1957.[6] The measure was most recently on the 1997 ballot, where it was defeated 63-37%. It will again be on the ballot in 2017.
Ohio
Section 3 of Article XVI calls for a question about whether to have a convention to appear on the ballot in 1932 and every twenty years thereafter.
Oklahoma
Section 2 of Article XXIV of the Oklahoma Constitution says that the question of whether to hold a convention must go on the Oklahoma ballot every 20 years. However, the last time Oklahomans voted on such a question was in 1970.[7] According to the State Constitutional Convention Clearinghouse, "Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part of the Constitution but none has passed."[8]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Montana Law Review, "The Political Dynamics of Mandatory State Constitutional Convention Referendums: Lessons from the 2000s Regarding Obstacles and Pathways to their Passage", Volume 71, Issue 2, Summer 2010; retrieved August 21, 2016
- ↑ Iowa constitutional convention provisions
- ↑ Rhode Island ACLU, "Some Some Pesky Facts About The 1986 Constitutional Convention"; retrieved August 21, 2016
- ↑ Rhode Island constitutional convention provisions
- ↑ Calling constitutional conventions: Missouri's best-kept secret
- ↑ New York constitutional convention provisions
- ↑ Sooner Politics, "An Oklahoma Constitutional Convention Is Being Drawn Up", July 2, 2015
- ↑ State Constitutional Convention Clearinghouse, "Periodic Constitutional Convention Comparative Information"; retrieved via Wayback Machine August 28, 2016
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