Publication requirements for proposed state constitutional amendments
A publication requirement for constitutional amendments refers to a legal obligation to publicly disseminate information about proposed constitutional amendments. Thirty-two (32) state constitutions include a publication requirement requiring that the public be notified about proposed constitutional amendments.
When there is a constitutionally mandated publication requirement, it can be found in the section of a state's constitution about how the state's constitution may be amended. Publication requirements vary from state to state. In states where there is no explicit constitutional mandate to provide public notice about a proposed constitutional amendment, there may be statutory publication requirements.
- 32 state constitutions have a publication requirement for proposed constitutional amendments.
- In 13 of these states, the publication requirement does not explicitly state that a publication must be made in a newspaper.
- In 19 of these states, the requirement specifically states that a publication must be made in a newspaper, though, the length of time of the publication varies by state.
- 18 states have no constitutionally mandated publication requirement, including one state (Delaware) that does not hold public elections on proposed constitutional amendments.
- In six states (out of 13) with a two-session process for legislatively referred constitutional amendments, there are publication requirements between approval in the first legislative session and the second legislative session. Those states are:
- Iowa
- Nevada
- New York
- Pennsylvania
- Tennessee
- Wisconsin
Requirements by state
The map below highlights which states have publication requirements for constitutional amendments.
State constitutional provisions regarding publication requirements for constitutional amendments
The following table shows publication requirements for constitutional amendments in each of the 32 states with such a requirement, as well as whether the state has an initiative process for constitutional amendments.
| State | Initiative process available | Constitutional provision | Newspaper requirement |
|---|---|---|---|
| Alabama | No | "... once a week for four successive weeks before the election in each newspaper qualified to run legal notices in the county or counties affected..." | Yes |
| Arizona | Yes | " ... for a period of at least ninety days previous to the date of said election in at least one newspaper in every county of the state in which a newspaper shall be published..." | Yes |
| Arkansas | Yes | "... published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election..." | Yes |
| Florida | Yes | "... once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published..." | Yes |
| Georgia | No | "... published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted..." | No |
| Hawaii | No | "... published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district wherein such a newspaper is published, within the two months' period immediately preceding the next general election..." | Yes |
| Idaho | No | "... published without delay for at least three times in every newspaper qualified to publish legal notices as provided by law..." | Yes |
| Illinois | Yes | "... amendments proposed by the General Assembly shall be published with explanations, as provided by law, at least one month preceding the vote thereon by the electors..." (At least 2 months before the next election of members of the General Assembly, following the passage of the proposed amendment, the Secretary of State shall publish the amendment, in full in 8 point type, or the equivalent thereto, in at least one secular newspaper of general circulation in every county in this State in which a newspaper is published ... the publication of such amendment shall be repeated once each week for 2 consecutive weeks) | Yes |
| Iowa | No | "... published for three months prior to the general election for the next succeeding legislature. Publication is required during the time period required by the Constitution in two newspapers of general circulation in each congressional district in the state and during each month on an internet site of the general assembly..." | Yes |
| Kansas | No | "... secretary of state shall cause such resolution to be published in the manner provided by law..." | No |
| Kentucky | No | " ... published at least ninety days before the vote is to be taken thereon in such manner as may be prescribed by law..." | No |
| Louisiana | No | "... published once in the official journal of each parish within not less than thirty nor more than sixty days preceding the election..." | No |
| Maryland | No | "... publicized, either by publishing, by order of the Governor, in at least two newspapers, in each County, where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in the City of Baltimore, once a week for four weeks..." | Yes |
| Massachusetts | Yes | "... The secretary of the commonwealth shall cause to be printed and sent to each person eligible to vote in the commonwealth or to each residence of one or more persons eligible to vote in the commonwealth the full text of every measure to be submitted to the people..." | No |
| Michigan | Yes | Article XII lays out the rules for both legislatively referred constitutional amendments (Section 1) and initiated constitutional amendments (Section 2). Section 1 lists no requirements for notifying the public about legislatively referred constitutional amendments, while Section 2 does lay out a specific requirement for notifying the public about proposed initiated constitutional amendments | No |
| Missouri | Yes | "... published once a week for two consecutive weeks in two newspapers of different political faith in each county, the last publication to be not more than thirty nor less than fifteen days next preceding the election..." | Yes |
| Montana | Yes | "... twice each month for two months previous to the next regular state-wide election..." (Section 8 of Article XIV does not give any publication requirements for legislatively referred constitutional amendments. Section 9 of Article XIV does require publication for initiated constitutional amendments.) | No |
| Nebraska | Yes | "... published once each week for three consecutive weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election..." | Yes |
| Nevada | Yes | Article 16 does not require publication prior to the popular vote. Rather, it requires publication for three months prior to the election of the members of the Nevada State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published. | No |
| New Mexico | No | "... published in at least one newspaper in every county of the state, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish..." | Yes |
| New York | No | Article XIX does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the New York State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published. | No |
| Ohio | Yes | "... proposed amendments, the ballot language, the explanations, and the arguments, if any, shall be published once a week for three consecutive weeks preceding such election, in at least one newspaper of general circulation in each county of the state..." | Yes |
| Pennsylvania | No | "... published three months before the next general election, in at least two newspapers in every county..." | Yes |
| Rhode Island | No | "...Any amendment thus proposed shall be published in such manner as the general assembly shall direct..." | No |
| Tennessee | No | Article XI does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the Tennessee State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published. | No |
| Texas | No | "A brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording of the proposition as it is to appear on the ballot, shall be published twice in each newspaper in the State which meets requirements set by the Legislature for the publication of official notices of offices and departments of the state government... " | Yes |
| Utah | No | "... published in at least one newspaper in every county of the State, where a newspaper is published, for two months immediately preceding the next general election... " | Yes |
| Vermont | No | "Prior to the submission of a proposed amendment to a vote in accordance with this section, public notice of the proposed amendment shall be given by proclamation of the Governor..." | No |
| Washington | No | "The legislature shall also cause notice of the amendments that are to be submitted to the people to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state..." | Yes |
| West Virginia | No | "... published, at least three months before such election in some newspaper in every county in which a newspaper is printed..." | Yes |
| Wisconsin | No | Article XII does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the Wisconsin State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published. | No |
| Wyoming | No | "...it shall be the duty of the legislature to ... cause the same to be published without delay for at least twelve (12) consecutive weeks, prior to said election, in at least one newspaper of general circulation, published in each county..." | Yes |
Constitutional provisions
Below are sections of each state constitution that address any publication requirements needed for proposed constitutional amendments in that state.
Alabama
- See also: Article XVIII, Alabama Constitution
|
Notice of the election, together with the proposed amendment, shall be given by proclamation of the Governor, which proclamation shall be published once a week for four successive weeks next preceding the day appointed for the election in each newspaper qualified to run legal notices in the county or counties affected. |
Alaska
There is no constitutionally mandated publication requirement in Article XIII of the Alaska Constitution.
Arizona
- See also: Article 21, Arizona Constitution
| Until a method of publicity is otherwise provided by law, the secretary of state shall have such proposed amendment or amendments published for a period of at least ninety days previous to the date of said election in at least one newspaper in every county of the state in which a newspaper shall be published, in such manner as may be prescribed by law. |
Arkansas
| ...such proposed amendments shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State, for approval or rejection. |
California
There is no specific publication requirement in the California Constitution. However, the California Secretary of State publishes a California Voter Guide, and has published an online version for every election since March 26, 1996.
Colorado
| The proposed amendment or amendments shall be published with the laws of that session of the general assembly. |
Connecticut
| [A proposed amendment] shall, by the secretary of the state, be transmitted to the town clerk in each town in the state, whose duty it shall be to present the same to the electors thereof for their consideration at the general election... |
Florida
- See also: Article XI, Florida Constitution
| (c) The legislature shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3.
(d) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published. |
Georgia
- See also: Article X, Georgia Constitution
| A summary of such proposal shall be prepared by the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph. |
Hawaii
- See also: Article XVII, Hawaii Constitution
The Hawaii Constitution describes how amendments or revisions proposed by constitutional conventions are to be publicized, and how amendments proposed by the legislature are to be publicized.
Amendments or revisions coming out of a convention are publicized according to this part of Section 2:
| At least thirty days prior to the submission of any proposed revision or amendments, the convention shall make available for public inspection, a full text of the proposed amendments. Every public library, office of the clerk of each county, and the chief election officer shall be provided such texts and shall make them available for public inspection. The full text of any proposed revision or amendments shall also be made available for inspection at every polling place on the day of the election at which such revision or amendments are submitted.
The convention shall, as provided by law, be responsible for a program of voter education concerning each proposed revision or amendment to be submitted to the electorate. |
Amendments arising from legislative action are publicized according to this part of Section 3:
| Upon such adoption, the proposed amendments shall be entered upon the journals, with the ayes and noes, and published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district wherein such a newspaper is published, within the two months' period immediately preceding the next general election....The conditions of and requirements for ratification of such proposed amendments shall be the same as provided in section 2 of this article for ratification at a general election. |
Idaho
- See also: Article XX, Idaho Constitution
| ...it shall be the duty of the legislature to submit such amendment or amendments to the electors of the state at the next general election, and cause the same to be published without delay for at least three times in every newspaper qualified to publish legal notices as provided by law. Said publication shall provide the arguments proposing and opposing said amendment or amendments as provided by law.. |
Illinois
- See also: Article XIV, Illinois Constitution
| Amendments proposed by the General Assembly shall be published with explanations, as provided by law, at least one month preceding the vote thereon by the electors. The vote on the proposed amendment or amendments shall be on a separate ballot. |
Indiana
- See also: Article 16, Indiana Constitution
Indiana's Constitution has no public notice or notification requirements. In relevant part, Section 1 of Article 16 says:
| If, in the General Assembly so next chosen, the proposed amendment is agreed to by a majority of all the members elected to each House, then the General Assembly shall submit the amendment to the electors of the State at the next general election. |
Iowa
- See also: Article X, Iowa Constitution
In Iowa, a proposed amendment must be considered in two successive sessions of the Iowa State Legislature with an intervening election of state legislators. The publication notice in Iowa requires that the public be notified prior to the election of a new batch of state legislators if the previous session took positive action on a proposed amendment. However, once the new legislature has convened, if it also takes positive action on the amendment, resulting in the measure going on the ballot, there is no notification requirement prior to the actual time that the amendment will be voted on by Iowa's voters.
| ...such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the general assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this state. |
Kansas
- See also: Article 14, Kansas Constitution
| Propositions for the amendment of this constitution may be made by concurrent resolution originating in either house of the legislature, and if two-thirds of all the members elected (or appointed) and qualified of each house shall approve such resolution, the secretary of state shall cause such resolution to be published in the manner provided by law. At the next election for representatives or a special election called by concurrent resolution of the legislature for the purpose of submitting constitutional propositions, such proposition to amend the constitution shall be submitted, both by title and by the amendment as a whole, to the electors for their approval or rejection. The title by which a proposition is submitted shall be specified in the concurrent resolution making the proposition and shall be a brief nontechnical statement expressing the intent or purpose of the proposition and the effect of a vote for and a vote against the proposition. |
Kentucky
- See also: Mode of Revision, Kentucky Constitution
| Before an amendment shall be submitted to a vote, the Secretary of State shall cause such proposed amendment, and the time that the same is to be voted upon, to be published at least ninety days before the vote is to be taken thereon in such manner as may be prescribed by law. |
Louisiana
- See also: Article XIII, Louisiana Constitution
| ...the secretary of state shall have the proposed amendment published once in the official journal of each parish within not less than thirty nor more than sixty days preceding the election at which the proposed amendment is to be submitted to the electors. |
Maine
- See also: Article X, Maine Constitution
| ...when any amendments shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at the next biennial meetings in the month of November, or to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of Senators and Representatives, on the Tuesday following the first Monday of November following the passage of said resolve, to give in their votes on the question, whether such amendment shall be made; |
Maryland
- See also: Article XIV, Maryland Constitution
| The bill or bills proposing amendment or amendments shall be publicized, either by publishing, by order of the Governor, in at least two newspapers, in each County, where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in the City of Baltimore, once a week for four weeks, or as otherwise ordered by the Governor in a manner provided by law, immediately preceding the next ensuing general election, at which the proposed amendment or amendments shall be submitted, in a form to be prescribed by the General Assembly, to the qualified voters of the State for adoption or rejection. |
Massachusetts
| The secretary of the commonwealth shall cause to be printed and sent to each person eligible to vote in the commonwealth or to each residence of one or more persons eligible to vote in the commonwealth the full text of every measure to be submitted to the people, together with a copy of the legislative committee's majority reports, if there be such, with the names of the majority and minority members thereon, a statement of the votes of the general court on the measure, and a fair, concise summary of the measure as such summary will appear on the ballot; and shall, in such manner as may be provided by law, cause to be prepared and sent other information and arguments for and against the measure. |
Michigan
- See also: Article XII, Michigan Constitution
Article XII lays out the rules for both legislatively referred constitutional amendments (Section 1) and initiated constitutional amendments (Section 2). Section 1 lists no requirements for notifying the public about legislatively referred constitutional amendments, while Section 2 does lay out a specific requirement for notifying the public about proposed initiated constitutional amendments.
Section 2 of Article XII in relevant part says:
| Such proposed amendment, existing provisions of the constitution which would be altered or abrogated thereby, and the question as it shall appear on the ballot shall be published in full as provided by law. Copies of such publication shall be posted in each polling place and furnished to news media as provided by law. |
Minnesota
There is no specific publication requirement in Article IX of the Minnesota Constitution.
Mississippi
There is no specific publication requirement in Article XV of the Mississippi Constitution.
Missouri
- See also: Article XII, Missouri Constitution
| If possible, each proposed amendment shall be published once a week for two consecutive weeks in two newspapers of different political faith in each county, the last publication to be not more than thirty nor less than fifteen days next preceding the election. If there be but one newspaper in any county, publication for four consecutive weeks shall be made. |
Montana
- See also: Article XIV, Montana Constitution
- Section 8 of Article XIV does not give any publication requirements for legislatively referred constitutional amendments.
- Section 9 of Article XIV does require publication for initiated constitutional amendments.
| ...the secretary of state shall cause the amendment to be published as provided by law twice each month for two months previous to the next regular state-wide election. |
Nebraska
| ...such proposed amendments shall be ... published once each week for three consecutive weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election of ... |
Nevada
Article 16 does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the Nevada State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published.
| ...such proposed amendment or amendments shall be ...be published for three months next preceding the time of making such choice. |
New Hampshire
There is no specific publication requirement in Article 100 of the New Hampshire Constitution
New Jersey
- See also: Article IX, New Jersey Constitution
The New Jersey Constitution does not have a constitutionally mandated publication requirement for informing the state's public about a vote on a proposed amendment. However, it does have a constitutionally mandated publication requirement for informing New Jersey's state legislators about a vote on a proposed amendment.
| At least twenty calendar days prior to the first vote thereon in the house in which such amendment or amendments are first introduced, the same shall be printed and placed on the desks of the members of each house. Thereafter and prior to such vote a public hearing shall be held thereon. |
New Mexico
- See also: Article XIX, New Mexico Constitution
| The secretary of state shall cause any such amendment or amendments to be published in at least one newspaper in every county of the state, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish when newspapers in both of said languages are published in such counties, the last publication to be not more than two weeks prior to the election at which time said amendment or amendments shall be submitted to the electors of the state for their approval or rejection; and shall further provide notice of the content and purpose of legislatively approved constitutional amendments in both English and Spanish to inform electors about the amendments in the time and manner provided by law. The secretary of state shall also make reasonable efforts to provide notice of the content and purpose of legislatively approved constitutional amendments in indigenous languages and to minority language groups to inform electors about the amendments. |
New York
- See also: Article XIX, New York Constitution
Article XIX does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the New York State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published.
| ...if the amendment or amendments as proposed or as amended shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the ayes and noes taken thereon, and referred to the next regular legislative session convening after the succeeding general election of members of the assembly, and shall be published for three months previous to the time of making such choice... |
North Carolina
Article XIII, North Carolina Constitution
There are no constitutionally mandated publication requirements in Article XIII of the North Carolina Constitution.
North Dakota
There are no publication requirements in the North Dakota Constitution.
Ohio
| Such proposed amendments, the ballot language, the explanations, and the arguments, if any, shall be published once a week for three consecutive weeks preceding such election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. The General Assembly shall provide by law for other dissemination of information in order to inform the electors concerning proposed amendments. An election on a proposed constitutional amendment submitted by the general assembly shall not be enjoined nor invalidated because the explanation, arguments, or other information is faulty in any way. |
Oklahoma
There are no publication requirements in the Oklahoma Constitution.
Oregon
There are no publication requirements in the Ohio Constitution.
Pennsylvania
- See also: Article XI, Pennsylvania Constitution
Article XI says in relevant part:
| ...such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall causes the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid... |
Rhode Island
- See also: Article XIV, Rhode Island Constitution
| ...Any amendment thus proposed shall be published in such manner as the general assembly shall direct... |
South Carolina
- See also: Article XVI, South Carolina Constitution
There are no publication requirements in the South Carolina Constitution.
South Dakota
- See also: Article XXIII, South Dakota Constitution
There are no publication requirements in the South Dakota Constitution.
Tennessee
Article XI does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the Tennessee State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published.
| ...such proposed amendment or amendments shall be entered on their journals with the yeas and nays thereon, and referred to the General Assembly then next to be chosen; and shall be published six months previous to the time of making such choice... |
Texas
| A brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording of the proposition as it is to appear on the ballot, shall be published twice in each newspaper in the State which meets requirements set by the Legislature for the publication of official notices of offices and departments of the state government. The explanatory statement shall be prepared by the Secretary of State and shall be approved by the Attorney General. The Secretary of State shall send a full and complete copy of the proposed amendment or amendments to each county clerk who shall post the same in a public place in the courthouse at least 30 days prior to the election on said amendment. The first notice shall be published not more than 60 days nor less than 50 days before the date of the election, and the second notice shall be published on the same day in the succeeding week. The Legislature shall fix the standards for the rate of charge for the publication, which may not be higher than the newspaper's published national rate for advertising per column inch. |
Utah
- See also: Article XXIII, Utah Constitution
| ...such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays taken thereon; and the Legislature shall cause the same to be published in at least one newspaper in every county of the State, where a newspaper is published, for two months immediately preceding the next general election, at which time the said amendment or amendments shall be submitted to the electors of the State, for their approval or rejection... |
Vermont
| Prior to the submission of a proposed amendment to a vote in accordance with this section, public notice of the proposed amendment shall be given by proclamation of the Governor. |
Virginia
- See also: Article XII, Virginia Constitution
The Virginia Constitution does not mandate a publication requirement.
Washington
| The legislature shall also cause notice of the amendments that are to be submitted to the people to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state: Provided, That failure of any newspaper to publish this notice shall not be interpreted as affecting the outcome of the election. |
West Virginia
- See also: Article XIV, West Virginia Constitution
| ...it shall be the duty of the Legislature to provide by law for submitting the same to the voters of the state for ratification or rejection, at a special election, or at the next general election thereafter, and cause the same to be published, at least three months before such election in some newspaper in every county in which a newspaper is printed... |
Wisconsin
- See also: Article XII, Wisconsin Constitution
Article XII does not require publication prior to the popular vote. Rather, it requires publication prior to the election of the members of the Wisconsin State Legislature who will vote on the proposed amendment after the legislative session in which it was first approved. The publication requirement does not say where the proposed amendment shall be published, only that it must be published.
| Any amendment or amendments to this constitution ...shall be published for three months previous to the time of holding [an election of members of the state legislators who will vote on the proposed amendment in the second legislative session in which it is taken up]. |
Wyoming
- See also: Article 20, Wyoming Constitution
| ...it shall be the duty of the legislature to ... cause the same to be published without delay for at least twelve (12) consecutive weeks, prior to said election, in at least one newspaper of general circulation, published in each county. |
Noteworthy events
Two Utah amendments removed from 2024 ballot after failing to meet publication requirements
Utah Amendment A was referred to the ballot by the [[Utah State Legislature. As of 2024, under Section 5 of Article XIII of the Utah Constitution, all revenue from income taxes and intangible property taxes must be used to fund public education, higher education, children, and persons with disabilities. The proposed amendment would have removed the constitutional mandate on how revenues from these taxes are spent. On October 9, 2024, the 3rd Judicial District Court ruled that the measure was invalid. The measure was not published in a state newspaper 60 days prior to the election as required by the state constitution. Although the measure would be printed on ballots, votes on the measure would not be counted. Utah Senate President Stuart Adams (R-7) and House Speaker Mike Schultz (R-12) said they would not appeal the ruling. To read more about the lawsuit, click here.
Utah Amendment D, also referred to the ballot by the state legislature, was found to be unconstitutional by the state supreme court. On September 12, 2024, the 3rd District Court ruled that "the people of Utah are entitled to an accurate summary of any proposed amendment that impacts their fundamental rights and they are entitled to the constitutionally required notice, by publication in a newspaper two months before the election. These requirements are fundamental to the integrity of our democracy."[1]
Iowa publication process error for 2022 constitutional amendment
In 2022, Iowa voters decided on a constitutional amendment to establish a constitutional right to own and bear arms and require strict scrutiny for any alleged violations of the right brought before a court.
Legislators who sponsored the amendment originally intended to pass the bill during the 2017-2018 and 2019-2020 sessions to place the question on the 2020 ballot, but a bureaucratic oversight resulted in the amendment process needing to start over again, meaning the bill needed to be passed in the 2019-2020 and 2021-2022 legislative sessions to appear on the 2022 ballot.[2][3]
In the 2017-2018 session, the legislature approved (1) an amendment to provide a state right to own and bear firearms and (2) an amendment to allow the governor to appoint a lieutenant governor in the event of a vacant office and revise the gubernatorial line of succession. The Iowa Constitution required notifications of the constitutional amendments to be published at least three months before November 2018. Iowa Secretary of State Paul Pate (R) said that his office failed to report constitutional amendments that the 86th Iowa General Assembly (2017-2018) approved in 2018. Because of the oversight that resulted in the amendments not being published, the amendment process had to be started over again, meaning the amendment had to be approved in the 2019-2020 session and 2021-2022 session to appear on the 2022 ballot.[2][4]
Rep. Matt Windschitl (R-17) commented on the error, saying, "I was extremely disappointed to find that the Secretary of State's Office did not follow through with their obligation. Unfortunately, this sets our timeline back about two years."[5] Pate said, “Due to a bureaucratic oversight, my office failed to publish the required notifications in Iowa newspapers of two continuing resolutions passed by the Iowa Legislature last year. I accept full responsibility for this oversight and offer my sincerest apology to the legislators and supporters who worked so hard on these bills.”[2]
In 2004, the office of former Secretary of State Chet Culver (D) made a similar mistake as Pate, failing to publish a notification on a constitutional amendment. The Iowa General Assembly had to re-start the process and referred the amendment to the ballot in 2008.[6]
Pennsylvania publication process error for 2021 constitutional amendment
In Pennsylvania, a constitutional amendment needs to be approved at two successive legislative sessions. During the 2019-2020 legislative session, both legislative chambers approved the amendment. The Pennsylvania Constitution (Section 1 of Article XI) required Secretary of the Commonwealth Kathy Boockvar (D) to publish the constitutional amendment in at least two newspapers in each of the state's 67 counties during each of the three months before the next general election (November 3, 2020). On February 1, 2021, the Pennsylvania Department of State announced that officials did not advertise the constitutional amendment as required. The department's press released said, "While the department will take every step possible to expedite efforts to move this initiative forward, the failure to advertise the proposed constitutional amendment means the process to amend the constitution must now start from the beginning."[7]
Gov. Tom Wolf (D) announced that Secretary Boockvar would resign on February 5, 2021. Gov. Wolf stated, "The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates, and legislators, and I join the Department of State in apologizing to you. I share your anger and frustration that this happened, and I stand with you in your fight for justice."[8]
See also
- Initiated constitutional amendments
- Legislatively-referred constitutional amendments
- Amending state constitutions
- Changes in 2025 to laws governing ballot measures
- Changes in 2024 to laws governing ballot measures
Footnotes
- ↑ Fox 13 Now, "Judge rules Amendment D is 'void' but will remain on the ballot," accessed September 12, 2024
- ↑ 2.0 2.1 2.2 Des Moines Register, "Iowa gun rights amendment is back to square one after 'bureaucratic oversight'," January 14, 2019
- ↑ WGEM, "Official’s ‘oversight’ derails key Iowa gun rights amendment," January 14, 2019
- ↑ WGEM, "Official’s ‘oversight’ derails key Iowa gun rights amendment," January 14, 2019
- ↑ WeAreIowa.com, "Sec. Pate admits error regarding pro-gun amendment," January 14, 2019
- ↑ Bleeding Heartland, "Paul Pate's error sends pro-gun amendment "back to square one," January 13, 2019
- ↑ Pennsylvania Secretary of State, "Department Of State Apologizes For Its Failure To Properly Advertise Proposed Constitutional Amendment, HB 963," February 1, 2021
- ↑ The Philadelphia Inquirer, "A Pa. Dept. of State error means some sex-abuse victims will again have to wait for justice," February 1, 2021
