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Legislatively referred constitutional amendment

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A legislatively referred constitutional amendment is a legislative referral that amends a state's constitution.

Legislatures are required to seek voter approval to amend their state constitutions in 49 of 50 states. Delaware is the one state where voter approval is not required for state constitutional amendments.

The legislative rules and procedures for changing state constitutions through a referred ballot measure differ from state to state.

Legislatively referred constitutional amendments on the ballot

See also: 2025 ballot measures and 2026 ballot measures

The following is a list of veto referendums certified for the current year and future years:

2026

  1. Alabama Add to List of Non-Bailable Offenses Amendment (May 2026) - On the ballot
  2. Arkansas Citizenship Requirement for Voting Amendment (2026) - On the ballot
  3. Arkansas Creation of Economic Development Districts Amendment (2026) - On the ballot
  4. Arkansas Right to Keep and Bear Arms Amendment (2026) - On the ballot
  5. California Eliminate State Officer Recall Successor Elections Amendment (2026) - On the ballot
  6. California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment (2026) - On the ballot
  7. Georgia Increase Acre Limit for Agriculture and Timber Conservation Use Property Tax Classification Amendment (2026) - On the ballot
  8. Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment (2026) - On the ballot
  9. Idaho HJR 4, Grant Legislature Exclusive Authority and Prohibit Citizen-Initiated Measures on Marijuana, Narcotics, and Psychoactive Substances Amendment (2026) - On the ballot
  10. Idaho HJR 6, English as Official State Language Amendment (2026) - On the ballot
  11. Indiana Residency Requirements for City and Town Court Judges Amendment (2026) - On the ballot
  12. Kansas Citizenship Voting Requirement Amendment (2026) - On the ballot
  13. Kansas Elections for Supreme Court Justices Amendment (August 2026) - On the ballot
  14. Maryland Commission on Judicial Disabilities Vacancies Amendment (2026) - On the ballot
  15. Missouri Require Election of Jackson County Assessor Amendment (2026) - On the ballot
  16. New Mexico Eliminate Governor’s Pocket Veto and Require Veto Explanations Amendment (2026) - On the ballot
  17. North Carolina Require Voter Identification Amendment (2026) - On the ballot
  18. North Dakota 60% Vote Requirement for Constitutional Amendments Measure (2026) - On the ballot
  19. North Dakota Single-Subject Requirement for Constitutional Amendments Measure (June 2026) - On the ballot
  20. North Dakota State Legislative Term Limits Amendment (2026) - On the ballot
  21. South Dakota 60% Vote Requirement for Constitutional Amendments Measure (2026) - On the ballot
  22. South Dakota Citizenship Voting Requirement Amendment (2026) - On the ballot
  23. South Dakota Creation of Unclaimed Property Trust Fund Amendment (2026) - On the ballot
  24. South Dakota Medicaid Expansion Conditioned on 90% Federal Funding Amendment (2026) - On the ballot
  25. Tennessee Marsy's Law Crime Victims Rights Amendment (2026) - On the ballot
  26. Tennessee Prohibit State Property Taxes Amendment (2026) - On the ballot
  27. Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment (2026) - On the ballot
  28. Utah 60% Vote Requirement for Ballot Initiatives to Increase or Expand Taxes Amendment (2026) - On the ballot
  29. Utah HJR 10, Publication Requirements for Constitutional Amendments Measure (2026) - On the ballot
  30. Vermont Proposal 3, Right to Collective Bargaining Amendment (2026) - On the ballot

2025

  1. Louisiana Amendment 1, Allow Legislature to Create Trial Courts of Specialized Jurisdiction and Provide Supreme Court Original Jurisdiction to Discipline Out-of-State Lawyers Amendment (March 2025) Defeated
  2. Louisiana Amendment 2, State Tax and Fiscal Policy Changes Amendment (March 2025) Defeated
  3. Louisiana Amendment 3, Legislative Authority to Determine Crimes for Trying Juveniles as Adults Amendment (March 2025) Defeated
  4. Louisiana Amendment 4, Use Earliest Election Dates for Filling Judicial Vacancies Amendment (March 2025) Defeated
  5. Ohio Issue 2, Local Public Infrastructure Bond Amendment (May 2025) - On the ballot
  6. Texas Prohibit Taxes on Certain Securities Transactions Amendment (2025)#Text of measure - On the ballot
  7. Washington SJR 8201, Allow Investment of Long-Term Services and Supports Trust Fund Amendment (2025) - On the ballot
  8. Wisconsin Question 1, Require Voter Photo ID Amendment (April 2025) Approved

States that provide for legislatively referred constitutional amendments

The following map illustrates which states provide for legislatively referred constitutional amendments:

Procedures for legislative constitutional amendments

See also: Amending state constitutions

In 49 of 50 states, voter approval is required to amend a state constitution. States have different rules and procedures for how legislatures can place constitutional amendments on the ballot. There are three main differences:

  • the number of legislative sessions that a legislature must vote on a constitutional amendment;
  • the size of the affirmative vote in each legislative chamber, such as 50.01%, 60.00%, or 66.67%; and
  • the size of the vote required from electors.

The following table describes these three rules and procedures in each of the 50 states:

Requirements for legislative constitutional amendments
State Constitutional provision Number of legislative session Size of legislative vote Size of election vote
Alabama Article XVIII of Alabama Constitution 1 session 60.00% Simple majority
Alaska Article XIII of Alaska Constitution 1 session 66.67% Simple majority
Arizona Article XXI of Arizona Constitution 1 session 50.01% Simple majority
Arkansas Article XIX, Section 22 of Arkansas Constitution 1 session 50.01% Simple majority
California Article XVIII of California Constitution 1 session 66.67% Simple majority
Colorado Article XIX of Colorado Constitution 1 session 66.67% 55.00%
Connecticut Article XII of Connecticut Constitution 1 session (with 75.00% vote)
2 sessions (with 50.01% vote)		 75.00% (1 session)
50.01% (2 sessions)		 Simple majority
Delaware Article XVI of Delaware Constitution 2 sessions 66.67% None
Florida Article XI of Florida Constitution 1 session 60.00% 60.00%
Georgia Article X of Georgia Constitution 1 session 66.67% Simple majority
Hawaii Article XVII of Hawaii Constitution 1 session (with 66.67% vote)
2 sessions (with 50.01% vote)		 66.67% (1 session)
50.01% (2 sessions)		 Simple majority of total ballots cast in the election, rather than ballots cast on the measure[1]
Idaho Article XX of Idaho Constitution 1 session 66.67% Simple majority
Illinois Article XIV of Illinois Constitution 1 session 60.00% 60% of ballots cast on the measure or a simple majority of total ballots cast in the election
Indiana Article XVI of Indiana Constitution 2 sessions 50.01% Simple majority
Iowa Article X of Iowa Constitution 2 sessions 50.01% Simple majority
Kansas Article XIV of Kansas Constitution 1 session 66.67% Simple majority
Kentucky Section 256 of Kentucky Constitution 1 session 60.00% Simple majority
Louisiana Article XIII of Louisiana Constitution 1 session 66.67% Simple majority
Maine Article X of Maine Constitution 1 session 66.67% Simple majority
Maryland Article XIV of Maryland Constitution 1 session 60.00% Simple majority
Massachusetts Article XLVIII of Massachusetts Constitution 2 sessions 50.01% Simple majority of ballots cast on the measure and at least 30% of total ballots cast in the election
Michigan Article XII of Michigan Constitution 1 session 66.67% Simple majority
Minnesota Article IX of Minnesota Constitution 1 session 50.01% Simple majority of total ballots cast in the election, rather than ballots cast on the measure
Mississippi Article XV of Mississippi Constitution 1 session 66.67% Simple majority of ballots cast on the measure and at least 40% of total ballots cast in the election
Missouri Article XII of Missouri Constitution 1 session 50.01% Simple majority
Montana Article XIV of Montana Constitution 1 session 66.67% between both chambers[2] Simple majority
Nebraska Article XVI of Nebraska Constitution 1 session 60.00%[3] Simple majority
Nevada Article XVI, Section 1 of Nevada Constitution 2 sessions 50.01% Simple majority of ballots cast on the measure and at least 35% of total ballots cast in the election
New Hampshire Article 100 of New Hampshire Constitution 1 session 60.00% 66.67%
New Jersey Article IX of New Jersey Constitution 1 session (with 60.00% vote)
2 sessions (with 50.01% vote)		 60.00% (1 session)
50.01% (2 sessions)		 Simple majority
New Mexico Article XIX of New Mexico Constitution 1 session 50.01%[4] Simple majority
New York Article XIX of New York Constitution 2 sessions 50.01% Simple majority
North Carolina Article XIII of North Carolina Constitution 1 session 60.00% Simple majority
North Dakota Article IV, Section 16 of North Dakota Constitution 1 session 50.01% Simple majority
Ohio Article XVI of Ohio Constitution 1 session 60.00% Simple majority
Oklahoma Article XXIV, Section 1 of Oklahoma Constitution 1 session 50.01%[5] Simple majority
Oregon Article XVII of Oregon Constitution 1 session 50.01% Simple majority
Pennsylvania Article XI of Pennsylvania Constitution 1 session (with 66.67% vote)[6]
2 sessions (with 50.01% vote)		 66.67% (1 session)[6]
50.01% (2 sessions)		 Simple majority
Rhode Island Article XIV of Rhode Island Constitution 1 session 50.01% Simple majority
South Carolina Article XVI of South Carolina Constitution 1 session 66.67% Simple majority
South Dakota Article XXIII of South Dakota Constitution 1 session 50.01% Simple majority
Tennessee Article XI, Section 3 of Tennessee Constitution 2 sessions 50.01% (first session)
66.67% (second session)		 Simple majority of ballots cast on the measure and a simple majority of ballots cast in the governor's election
Texas Article XVII of Texas Constitution 1 session 66.67% Simple majority
Utah Article XXIII of Utah Constitution 1 session 66.67% Simple majority
Vermont Section 72 of Vermont Constitution 2 sessions 66.67% in Senate and 50.01% in House during first session
50.01% in both chambers during second session		 Simple majority
Virginia Article XII of Virginia Constitution 2 sessions 50.01% Simple majority
Washington Article XXIII of Washington Constitution 1 session 66.67% Simple majority
West Virginia Article XIV of West Virginia Constitution 1 session 66.67% Simple majority
Wisconsin Article XII of Wisconsin Constitution 2 sessions 50.01% Simple majority
Wyoming Article XX of Wyoming Constitution 1 session 66.67% Simple majority of total ballots cast in the election, rather than ballots cast on the measure

Other rules and procedures regarding legislative constitutional amendments

Return to legislature after voter approval

In 48 of 49 states that require voter approval of constitutional amendments, voter approval is the final step leading to ratification. In South Carolina, when voters approve a constitutional amendment, the amendment returns to the state Legislature, which must approve the constitutional amendment for a second time.

Amendments regarding local jurisdictions

Some state constitutions contain provisions that affect specific jurisdictions and not the state as a whole. In Alabama, Louisiana, Maryland, there are specific requirements regarding voter approval.

  • In Alabama, a local constitutional amendment requires statewide approval and local approval unless the legislative vote is unanimous, in which case the local constitutional amendment requires local approval and not statewide approval.
  • In Louisiana, a constitutional amendment affecting five or fewer parishes, or five or fewer municipalities, requires statewide approval and approval in those specific jurisdictions.
  • In Maryland, a constitutional amendment affecting a specific jurisdiction must be approved statewide and in the specific jurisdiction.

Cap on number of legislative constitutional amendments

In Arkansas, Illinois, Kansas, and Kentucky, legislatures cannot refer more than a certain number of constitutional amendments to the ballot.

  • In Arkansas, the General Assembly can refer no more than three constitutional amendments to an election ballot.
  • In Illinois, the General Assembly can propose to amend no more than three articles of the state constitution at a single election.
  • In Kansas, the Legislature can refer no more than five constitutional amendments to an election ballot.
  • In Kentucky, the Legislature can refer no more than four constitutional amendments to an election ballot.

Other state-specific provisions

Colorado

In Colorado, the General Assembly can propose amendments to no more than six of the state constitution's articles.

Georgia

In Georgia, the General Assembly can remove a proposed constitutional amendment from the ballot with a two-thirds vote of both legislative chambers and at least two months before the election would have occurred.

Illinois

In Illinois, the General Assembly is not allowed to propose constitutional amendments when a state constitutional convention has been called through the time that an election is held on proposed amendments from the convention.

New Jersey

In New Jersey, when voters reject a proposed constitutional amendment, the same amendment or a similar amendment cannot be referred to voters until the third general election thereafter.

Pennsylvania

In Pennsylvania, when voters reject a proposed constitutional amendment, the same amendment cannot be referred to voters for at least five years.

Types of ballot measures

See also: Ballot measure

Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. The following is a list of different types of state ballot measures:

Types of state ballot measures
Citizen-initiated ballot measure
• Initiated constitutional amendment
• Direct initiated constitutional amendment
• Indirect initiated constitutional amendment
• Initiated state statute
• Direct initiated state statute
• Indirect initiated state statute
• Combined initiated constitutional amendment and state statute
• Veto referendum
• Statute affirmation (Nevada)
Legislatively referred ballot measure
• Legislatively referred constitutional amendment
• Legislatively referred state statute
• Legislatively referred bond measure
• Advisory question
Other type of state ballot measure
• Automatic ballot referral
• Constitutional convention question
• Commission-referred ballot measure
• Convention-referred constitutional amendment
• Political party advisory question

See also

Footnotes

  1. ↑ During a special ballot measure election, a simple majority of ballots cast on the measure and an affirmative vote from at least 30% of the total number of registered voters in the state are required.
  2. ↑ In Montana, a two-thirds vote is required of the entire Legislature, meaning an amendment can be certified for the ballot with less than a two-thirds vote in one chamber, and more than a two-thirds vote in the other chamber.
  3. ↑ In Nebraska, an 80.00% vote is required to place the proposed constitutional amendment on a special election ballot.
  4. ↑ In New Mexico, a constitutional amendment to restrict rights found in Sections 1, 3, 8, and 10 of Article VII of the New Mexico Constitution requires a 75.00% vote of the Legislature.
  5. ↑ For the amendment to be referred to a special election ballot, a two-thirds vote is required in Oklahoma.
  6. ↑ 6.0 6.1 The Pennsylvania State Legislature can refer a constitutional amendment during one legislative session with a two-thirds vote in each legislative chamber and upon finding that a "major emergency threatens or is about to threaten the Commonwealth."
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