Trifectas and legislatively referred constitutional amendments

Party Control of State Government
Trifectas
A trifecta is when one political party holds the governorship, a majority in the state senate, and a majority in the state house in a state's government.
Current trifecta status Party control of state government Historical and potential changes in trifectas
Triplexes
A triplex is when one political party holds the positions of governor, attorney general, and secretary of state in a state's government.
Current triplex status Conflict between governors and AGs Conflict between governors and SoS
Analysis
Trifecta vulnerability in the 2024 elections Trifectas and triplexes Trifectas and legislatively referred constitutional amendments Who Runs the States report

See also: Legislatively-referred constitutional amendment

A legislatively referred constitutional amendment is a proposed constitutional amendment that appears on a state's ballot as a ballot measure because the state legislature in that state voted to put it before the voters. The trifecta status of a state government—which means whether or not one party controls both branches of the legislature and the governor's chair—can affect the frequency with which the state legislature adds measures to the ballot. For example, a legislature with both branches controlled by one party, especially if the party has supermajority control, can more easily approve constitutional amendments or legislatively referred statutes for the ballot. The governor does not have a direct role in approving constitutional amendments for the ballot. However, there have been instances in which the governor's support or opposition played an indirect role in the path of a referred measure to the ballot.

A legislatively referred constitutional amendment is a limited form of direct democracy with comparison to the initiated constitutional amendment. With the initiated constitutional amendment, voters can initiate the amendment and approve it, whereas they can only approve or reject amendments initiated by their state's legislature with the legislatively referred amendment.

Forty-nine states have a law in place that allows citizens to vote on proposed constitutional amendments offered by the state legislature. The exception is Delaware, where the legislature alone acts on constitutional amendments.

Breakdown of all 50 states
Requirement By Type	Total States
Majority one session	9
Majority two sessions	7
60 percent supermajority	9
2/3 supermajority	18
Multiple options	6
Note: Delaware is not included above. The Legislature acts alone on constitutional amendments.

Majority (One session)

Nine states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.

Majority (One session)
State	Details
Arizona	A majority vote is required in the Arizona State Legislature to refer a measure to the ballot.
Arkansas	A majority vote is required in both chambers of the Arkansas State Legislature to refer a measure to the ballot. (See Section 22, Article 19, Arkansas Constitution.)
Minnesota	Proposed amendments must be agreed to by a majority of the members of each chamber of the Minnesota State Legislature.
Missouri	Proposed amendments must be agreed to by a majority of the members of each chamber of the Missouri General Assembly.
New Mexico	According to Article XIX of the New Mexico Constitution, it takes a majority vote of all members of both houses of the New Mexico State Legislature to refer a proposed amendment to the ballot.
North Dakota	Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."
Oregon	Section 1, Article XVIII of the Oregon Constitution says that it takes a majority vote of both chambers of the Oregon State Legislature to put an amendment proposed by the legislature on the ballot.
Rhode Island	Section 1 of Article 14 of the Rhode Island Constitution says that the Rhode Island General Assembly can initiate the process of amendment "by a roll call vote of a majority of the members elected to each house."
South Dakota	Section 1 of Article XXIII of the South Dakota Constitution says that the South Dakota State Legislature can refer a proposed amendment to the state's voters through a majority vote.

Majority (Two sessions)

Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the state's legislature.

Majority (Two sessions)
State	Details
Indiana	A majority vote is required (in two successive sessions of) the Indiana General Assembly.
Massachusetts
Iowa	A majority vote is required (in two successive sessions of) the Iowa General Assembly.
Nevada	A majority vote is required (in two successive sessions of) the Nevada State Legislature.
New York	A majority vote is required (in two successive sessions of) the New York State Legislature.
Virginia	A majority vote is required (in two successive sessions of) the Virginia General Assembly.
Wisconsin	A majority vote is required (in two successive sessions of) the Wisconsin State Legislature.

60 percent supermajority

Nine states allow a referred amendment to go on the ballot after a 60 percent supermajority vote in one session of the state's legislature. States with a 60 percent supermajority include Alabama and Maryland. Illinois, North Carolina, and Ohio have the required supermajority if you assume some independents caucus with the majority party.

60 percent Supermajority
State	Details
Alabama	Article XVIII of the Alabama Constitution says that it takes a three-fifths (60 percent) vote of the Alabama State Legislature to qualify an amendment for the ballot.
Florida	Section 1 of Article XI, Florida Constitution says that the Florida State Legislature can put a proposed amendment on the ballot if 60 percent or more of the legislators in each chamber agree to do so in a joint resolution.
Illinois	An amendment can be proposed if 60 percent of the members of both houses of the Illinois General Assembly vote to put in on the ballot.
Kentucky	If 60 percent of the membership of each chamber of the Kentucky General Assembly approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.
Maryland	Placing a proposed amendment on the ballot must be approved by a 60 percent vote of each chamber of the Maryland State Legislature.
Nebraska	60 percent of the members of the Nebraska State Legislature must vote for a proposed amendment.
New Hampshire	Part II, Article 100 says that a legislatively referred amendment can go on the ballot if approved by a 60 percent vote of each house of the New Hampshire General Court.
North Carolina	Section 4 of Article XIII of the North Carolina Constitution says that a legislatively referred amendment can go on the ballot if approved by a 60 percent vote of each house of the North Carolina State Legislature
Ohio	The Ohio State Legislature can propose amendments, according to Article XVI, if 60 percent of the members of both chambers agree to it.

Two-thirds Supermajority

Eighteen states allow a referred amendment to go on the ballot after a two-thirds supermajority vote in one session of the state's legislature.

Two-thirds Supermajority
State	Details
Alaska	Article 13 of the Alaska Constitution specifies that a two-thirds vote of the Alaska State Legislature is required to refer a measure to the ballot.
California	A two-thirds vote of the both chambers of the California State Legislature is required to refer a measure to the ballot.
Colorado	Two-thirds of each chamber of the Colorado General Assembly must vote affirmatively for a proposed amendment in order for it to go on the statewide ballot for potential voter ratification.
Georgia	A proposed amendment must be approved by two-thirds of the membership of each chamber of the Georgia General Assembly before going to the state's voters.
Idaho	If a proposed amendment is agreed to by two-thirds of the members of both the Idaho State Senate and the Idaho House of Representatives, the proposed amendment goes on the next general election ballot.
Kansas	A two-thirds vote in both chambers of the Kansas State Legislature is required to refer an amendment to the ballot.
Louisiana	If two-thirds of the members of both houses of the Louisiana State Legislature vote in the affirmative, a legislatively referred constitutional amendment can be placed on a statewide ballot.
Maine	According to Section 4 of Article X, if the Maine House of Representatives and the Maine State Senate both vote by at least a two-thirds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts.
Michigan	Proposed amendments must be agreed to by two-thirds of the members elected to and serving in each house of the Michigan State Legislature.
Mississippi	Two-thirds (2/3) of each house of the Mississippi State Legislature must approve a proposed amendment for it to go on a statewide ballot.
Montana	Section 8 of Article XIV of the Montana Constitution says that an affirmative roll call vote of two-thirds of all members of the Montana Legislature is required to refer an amendment to the ballot.
South Carolina	Section 1 of Article XVI of the South Carolina Constitution says that a legislatively referred amendment can go on the ballot if approved by a two-thirds vote of each house of the South Carolina State Legislature.
Tennessee	The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn two-thirds approval (in the first session, it only needs majority approval).
Texas	A two-thirds vote in both chambers of the Texas State Legislature is required to refer an amendment to the ballot.
Utah	According to Section 1, Article XXIII, a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.
Washington	A two-thirds vote in both chambers of the Washington State Legislature is required to refer an amendment to the ballot.
West Virginia	A two-thirds vote in both chambers of the West Virginia State Legislature is required to refer an amendment to the ballot.
Wyoming	A two-thirds vote in both chambers of the Wyoming State Legislature is required to refer an amendment to the ballot.

Multiple options

Six states (Connecticut, Hawaii, New Jersey Oklahoma, Pennsylvania and Vermont) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.

Multiple Options
State	Details
Connecticut	The state legislature must approve a proposed amendment by a supermajority vote of 75 percent but the same amendment can also qualify for the ballot if successive sessions of the Connecticut State Legislature approve it by a simple majority.
Hawaii	The state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.
New Jersey	The state legislature must approve a proposed amendment by a supermajority vote of 60 percent but the same amendment can also qualify for the ballot if successive sessions of the New Jersey State Legislature approve it by a simple majority.
Oklahoma	The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)
Pennsylvania	Two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.
Vermont	Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate.

New Mexico has a unique provision such that any amendments to the New Mexico Constitution proposed by the New Mexico State Legislature that would "restrict the rights created by Section 1 or Section 3 of Article VII or Section 8 and Section 10 of Article XII must win a 75 percent vote of the state legislature to go on the ballot.