Themes and Patterns in Amendment Activity in 2022

New constitutions, constitutional conventions, and amendment rules

New constitution: Alabama voters approved a 2022 Constitution that replaces the 1901 Constitution and rearranges existing sections and provisions, organizes all local amendments by county, removes racist language, and deletes repealed amendments.

Constitutional conventions: Voters in Alaska, Missouri, and New Hampshire rejected automatically generated referendums on calling constitutional conventions, marking the latest in a string of defeats for convention referendums. The last time that voters approved a convention referendum that led to a convention being called was in Rhode Island in 1984.

Constitutional amendment rules: Voters in Arizona approved an amendment setting a three-fifths voter ratification requirement for amendments increasing taxes. South Dakota voters rejected an amendment requiring three-fifths of voters to approve amendments increasing taxes or boosting spending above a certain amount. Arkansas voters rejected an amendment setting a three-fifths voter ratification threshold for approving all amendments.

Rights

Abortion Rights: Voters in California, Michigan, and Vermont approved amendments protecting reproductive autonomy rights, and in some cases explicitly protecting a right to abortion, making these state constitutions the first to explicitly protect abortion rights. Voters in Kansas and Kentucky rejected amendments declaring that the state constitution does not protect abortion rights.

Involuntary servitude: Oregon, Tennessee, and Vermont became the latest states to approve amendments removing language in anti-slavery provisions suggesting that crime is punishable by slavery or involuntary servitude. Louisiana voters rejected such an amendment.

Right to bear arms: Iowa became the 45th state to adopt an amendment explicitly protecting the right to bear arms.

Anti-discrimination: Nevada voters approved an amendment barring discrimination of various kinds, including on the basis of sexual orientation and gender identity.

Health care: Oregon voters approved an amendment declaring that access to health care is a fundamental right.

Electronic data and communications: Montana became the most recent state to adopt an amendment adding electronic data and communication to the list of items covered by search-and-seizure guarantees.

Governing Institutions

Lieutenant governor: Arizona became the 46th state to create a lieutenant governor position.

Term limits: Michigan voters approved an amendment adjusting an existing legislative term-limits provision. North Dakota voters approved an amendment establishing term limits for legislators, becoming the 16th state that currently imposes legislative term limits, as well as setting a two-term limit for the governor.

Policies

Marijuana: Voters in Maryland and Missouri approved, while voters in Arkansas rejected, a marijuana-legalization amendment.

Unions: Illinois voters approved an amendment guaranteeing a right to engage in collective bargaining and prohibiting right-to-work laws. Tennessee voters approved a right-to-work amendment stipulating that employment cannot be conditioned on union membership.

Minimum wage: An amendment approved in Nevada increases the minimum wage.

Medicaid: South Dakota voters approved an amendment expanding eligibility for Medicaid.

Taxation: Massachusetts voters approved an amendment setting a higher income tax rate for millionaires and earmarking the revenue for education and transportation.

Voting and Elections

Citizenship as a requirement for voting: Ohio and Louisiana became the latest states to approve amendments requiring that voters be U.S. citizens.

Voter ID requirement: An amendment approved by Nebraska voters requires voters to present photo identification.

Early voting: An amendment approved by Connecticut voters authorizes in-person early voting.

Voting rules: Michigan voters approved an amendment changing a number of voting rules and procedures, including providing for nine days of in-person early voting.

Ranked-choice voting: Nevada voters gave their first approval to a citizen-initiated amendment, which must be approved a second time before it can take effect, providing that state and federal election shall feature an open primary featuring candidates from all parties. The top five candidates advance to the general election, where voters rank order their preferences and this determines the outcome.