Procedures for Calling Constitutional Conventions, Constitutional Provisions

In all states not otherwise noted, the entries in this column refer to the proportion of members elected to each house required to submit to the electorate the question of calling a constitutional convention.

The number listed is the interval between required submissions on the question of calling a constitutional convention; where given, the date is that of the most recent submission of the mandatory convention referendum.

Unless provided otherwise by law, convention calls are to conform as nearly as possible to the act calling the 1955 convention, which provided for a legislative vote of a majority of members elected to each house and ratification by a majority vote on the proposals. The legislature may call a constitutional convention at any time.

In these states, the legislature may call a convention without submitting the question to the people. The legislative vote required is two-thirds of the members elected to each house in Georgia, Louisiana, South Carolina and Virginia; two-thirds concurrent vote of both branches in Maine; three-fourths of all members of each house in South Dakota; and not specified in Alaska, but bills require majority vote of membership in each house.

The law calling a convention must be approved by the people.

The legislature shall submit the question 20 years after the last convention, or 20 years after the last vote on the question of calling a convention, whichever date is last.

The power to call a convention is reserved to the people by petition.

The majority must be 50 percent of the total voted cast at a general 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.

Majority voting in the election, or three-fifths voting on the question.

Must be approved during two legislative sessions.

Majority must equal one-fourth of qualified voters at last general election.

Majority of those voting on the proposal is assumed. Vote must take place at a special election held no less than 60 days and no more than 6 months after convention.

In Montana, North Dakota and South Dakota, conventions can be called by initiative petition in the same manner as provided for initiated amendments (see Table 1.3), and with approval by a majority of voters. In Florida, conventions can be called by filing an initiative petition with signatures equal to 15 percent of the votes cast in the preceding presidential election and also equal to 15 percent of signatures in half of the congressional districts in the state and then obtaining a majority of the voters at the ensuing election.

Two-thirds of all members of the legislature.

Majority must be 35 percent of total votes cast at the election.

Convention proposals are submitted to the electorate at a special election in a manner to be determined by the convention. Ratification by a majority of votes cast.

Conventions may not be held more often than once in six years.

Five years after effective date of constitutions, governor shall call a constitutional convention to consider changes proposed by a constitutional committee appointed by the governor. Delegates to the convention are to be elected by their county councils. A convention was held in 1972.

If proposed amendments are approved by the voters, they must be submitted to the U.S. Secretary of the Interior for approval.

The petition must be signed by 25 percent of the qualified voters or at least 75 percent in a senatorial district.