Table 1.4

Constitutional Amendment Procedure: By the Legislature, Constitutional Provisions


FIPS State or other
jurisdiction
Legislative vote
required for
proposal (a)
Consideration by two
sessions required
Vote required for
ratification
Limitations on the number
of amendments legislature
can submit at one election
01Alabama3/5NoMajority vote on amendmentNone
02Alaska2/3NoMajority vote on amendmentNone
04ArizonaMajorityNoMajority vote on amendmentNone
05ArkansasMajorityNoMajority vote on amendment3
06California2/3NoMajority vote on amendmentNone
08Colorado2/3No55% vote on amendment (y)(b)
09Connecticut(c)(c)Majority vote on amendmentNone
10Delaware2/3YesNot requiredNo referendum
12Florida3/5No3/5 vote on amendment (d)None
13Georgia2/3NoMajority vote on amendmentNone
15Hawaii(e)(e)(f)None
16Idaho2/3NoMajority vote on amendmentNone
17Illinois3/5No(g)3 articles
18IndianaMajorityYesMajority vote on amendmentNone
19IowaMajorityYesMajority vote on amendmentNone
20Kansas2/3NoMajority vote on amendment5
21Kentucky3/5NoMajority vote on amendment4
22Louisiana2/3NoMajority vote on amendment (h)None
23Maine2/3NoMajority vote on amendmentNone
24Maryland3/5NoMajority vote on amendment (h)None
25MassachusettsMajority (j)YesMajority vote on amendmentNone
26Michigan2/3NoMajority vote on amendmentNone
27MinnesotaMajorityNoMajority vote in electionNone
28Mississippi2/3 (k)NoMajority vote on amendmentNone
29MissouriMajorityNoMajority vote on amendmentNone
30Montana2/3 (i)NoMajority vote on amendmentNone
31Nebraska3/5 (w)NoMajority vote on amendment (f)None
32NevadaMajorityYesMajority vote on amendmentNone
33New Hampshire3/5No2/3 vote on amendmentNone
34New Jersey(l)(l)Majority vote on amendmentNone (m)
35New MexicoMajority (n)NoMajority vote on amendment (n)None
36New YorkMajorityYesMajority vote on amendmentNone
37North Carolina3/5NoMajority vote on amendmentNone
38North DakotaMajorityNoMajority vote on amendmentNone
39Ohio3/5NoMajority vote on amendmentNone
40OklahomaMajority (w)NoMajority vote on amendmentNone
41Oregon(o)NoMajority vote on amendment (x)None
42PennsylvaniaMajority (p)Yes (p)Majority vote on amendmentNone
44Rhode IslandMajorityNoMajority vote on amendmentNone
45South Carolina2/3 (q)Yes (q)Majority vote on amendmentNone
46South DakotaMajorityNoMajority vote on amendmentNone
47Tennessee(r)Yes (r)Majority vote in election (s)None
48Texas2/3NoMajority vote on amendmentNone
49Utah2/3NoMajority vote on amendmentNone
50Vermont(t)YesMajority vote on amendmentNone
51VirginiaMajorityYesMajority vote on amendmentNone
53Washington2/3NoMajority vote on amendmentNone
54West Virginia2/3NoMajority vote on amendmentNone
55WisconsinMajorityYesMajority vote on amendmentNone
56Wyoming2/3NoMajority vote in electionNone
60American Samoa2/3NoMajority vote on amendment (u)None
69No. Mariana Islands3/4NoMajority vote on amendmentNone
72Puerto Rico2/3 (v)NoMajority vote on amendment3

Source:

John Dinan and The Council of State Governments.

Footnotes:

(a)

In all states not otherwise noted, the figure shown in the column refers to the proportion of elected members in each house required for approval of proposed constitutional amendments.

(b)

Legislature may not propose amendments to more than six articles of the constitution in the same legislative session.

(c)

Three-fourths vote in each house at one session, or majority vote in each house in two sessions between which an election has intervened.

(d)

Three-fifths vote on amendment, except that an amendment for “new state tax or fee” not in effect on Nov. 7, 1994 requires two-thirds of voters in the election.

(e)

Two-thirds vote in each house at one session, or majority vote in each house in two sessions.

(f)

In Hawaii, the majority vote on amendment must be at least 50 percent of the total votes cast at the election; or, at a special election, a majority of the votes tallied which must be at least 30 percent of the total number of registered voters. In Nebraska the majority vote on amendment must be at least 35 percent of the total votes cast at the election.

(g)

Majority voting in election or three-fifths voting on amendment.

(h)

In Louisiana, if five or fewer political subdivisions of the state are affected, majority in state as a whole and also in each of affected subdivisions is required. In Maryland, if an amendment affects only the City of Baltimore or only one county, majority in state as a whole and also in affected subdivision is required.

(i)

Two-thirds of all members of the legislature.

(j)

Majority of members elected sitting in joint session.

(k)

The two-thirds must include not less than a majority elected to each house.

(l)

Three-fifths of all members of each house at one session, or majority of all members of each house for two successive sessions.

(m)

If a proposed amendment is not approved at the election when submitted, neither the same amendment nor one which would make substantially the same change for the constitution may be again submitted to the people before the third general election thereafter.

(n)

Amendments concerning certain elective franchise and education matters require three-fourths vote of members elected and approval by three-fourths of electors voting in state and two-thirds of those voting in each county.

(o)

Majority vote to amend constitution, two-thirds to revise (“revise” includes all or a part of the constitution).

(p)

Emergency amendments may be passed by two-thirds vote of each house, followed by ratification by majority vote of electors in election held at least one month after legislative approval.

(q)

Two-thirds of members of each house, first passage; majority of members of each house after popular ratification.

(r)

Majority of members elected to both houses, first passage; two-thirds of members elected to both houses, second passage.

(s)

Majority of all citizens voting for governor.

(t)

Two-thirds vote in the senate and majority vote in the house on first passage; majority in both houses on second passage. As of 1974, amendments may be submitted only every four years.

(u)

Within 30 days after voter approval, governor must submit amendment(s) to U.S. Secretary of the Interior for approval.

(v)

If approved by two-thirds of members of each house, amendment(s) submitted to voters at special referendum; if approved by not less than three-fourths of total members of each house, referendum may be held at next general election.

(w)

The legislature may, by a four-fifths vote in Nebraska or a two-thirds vote in Oklahoma, call a special election for voters to consider amendments.

(x)

There is an exception for an amendment containing a supermajority voting requirement, which must be ratified by an equal supermajority.

(y)

An amendment repealing, in whole or in part, any constitutional provision only requires approval by a majority on the amendment.