Rules about constitutional conventions in state constitutions

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State constitutions that allow for constitutional conventions provide rules for how the convention is called, how many members are included, how those members are chosen, how the convention is governed, and how any proposals from the convention are adopted.

This page describes constitutional convention rules in state constitutions.

See also: Amending state constitutions and Constitutional convention

Alabama

See also: Article XVIII, Alabama Constitution

According to the Alabama Constitution, a simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.

Section 286 of Article XVIII states how a convention is called and governed:

...nothing herein contained shall be construed as restricting the jurisdiction and power of the convention, when duly assembled in pursuance of this section, to establish such ordinances and to do and perform such things as to the convention may seem necessary or proper for the purpose of altering, revising, or amending the existing Constitution.

Alaska

See also: Article XIII, Alaska Constitution

According to Section 3 of Article 13 of the Alaska Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Alaska is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Alaska 10 years 2022 2032


Article 13 also allows the Alaska State Legislature to call constitutional conventions whenever they wish.

Section 3 of Article XIII states how a convention must be governed:

...delegates to the convention shall be chosen at the next regular statewide election, unless the legislature provides for the election of the delegates at a special election. The lieutenant governor shall issue the call for the convention. Unless other provisions have been made by law, the call shall conform as nearly as possible to the act calling the Alaska Constitutional Convention of 1955, including, but not limited to, number of members, districts, election and certification of delegates, and submission and ratification of revisions and ordinances. The appropriation provisions of the call shall be self-executing and shall constitute a first claim on the state treasury.

Arizona

See also: Article 21, Arizona Constitution

According to Section 2 of Article XXI of the Arizona Constitution, the state legislature can only call for a convention if it is approved by the electorate in a statewide vote. Any amendments, revisions, or proposals of the Constitution require a simple majority vote by the electorate.

No Convention shall be called by the Legislature to propose alterations, revisions, or amendments to this Constitution, or to propose a new Constitution, unless laws providing for such Convention shall first be approved by the people on a Referendum vote at a regular or special election, and any amendments, alterations, revisions, or new Constitution proposed by such Convention shall be submitted to the electors of the State at a general or special election and be approved by the majority of the electors voting thereon before the same shall become effective.

Arkansas

The Arkansas Constitution is one of eight state constitutions with no mechanism for calling a convention.

California

See also: Section 2 of Article XVIII

According to Section 2 of Article XVIII of the California Constitution, a two-thirds (66.67%) vote of both chambers of the California State Legislature is required to place a question calling for a state constitutional convention on the ballot. A simple majority vote is required to call the convention.

Section 2 of Article XVIII provides several specifics about holding a convention:

  • The legislature must provide for the convention within six months of voters approving a convention.
  • Delegates to the convention are to be elected from districts with approximately equal populations.
...If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable.

Colorado

See also: Article XIX, Colorado Constitution.

According to Article XIX of the Colorado Constitution, the state Legislature can refer a state constitutional convention question to the ballot. A two-thirds (66.67%) vote of legislators in each chamber is required.

The Colorado Constitution states how a convention must be governed:

...if a majority of those voting on the question shall declare in favor of such convention, the general assembly shall, at its next session, provide for the calling thereof. The number of members of the convention shall be twice that of the senate and they shall be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, designate the day, hour and place of its meeting; fix the pay of its members and officers, and provide for the payment of the same, together with the necessary expenses of the convention. Before proceeding, the members shall take an oath to support the constitution of the United States, and of the state of Colorado, and to faithfully discharge their duties as members of the convention. The qualifications of members shall be the same as of members of the senate; and vacancies occurring shall be filled in the manner provided for filling vacancies in the general assembly. Said convention shall meet within three months after such election and prepare such revisions, alterations or amendments to the constitution as may be deemed necessary; which shall be submitted to the electors for their ratification or rejection at an election appointed by the convention for that purpose, not less than two nor more than six months after adjournment thereof; and unless so submitted and approved by a majority of the electors voting at the election, no such revision, alteration or amendment shall take effect.

Connecticut

See also: Article XIII, Connecticut Constitution

According to Article XIII of the Connecticut Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1978. Connecticut is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next automatic constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Connecticut 20 years 2008 2028

The Legislature can also refer a constitutional convention question to the ballot. A two-thirds vote is required in each legislative chamber to refer a convention question to the ballot.

Proposals adopted at a state constitutional convention require voter approval.

Section 3 of Article XIII of the state constitution states how a constitution must be governed:

...the general assembly shall, upon roll call, by a yea vote of at least two-thirds of the total membership of each house, prescribe by law the manner of selection of the membership of such convention, the date of convening of such convention, which shall be not later than one year from the date of the roll call vote under Section 1 of this article or one year from the date of the election under Section 2 of this article, as the case may be, and the date for final adjournment of such convention.

Delaware

See also: Article XVI, Delaware Constitution

A constitutional convention can occur in Delaware if a two-thirds majority of the members of both houses of the Delaware State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.

Section 2 of Article XVI states how a convention must be governed:

...Such Convention shall be composed of forty-one delegates, one of whom shall be chosen from each Representative District by the qualified electors thereof, and two of whom shall be chosen from New Castle County, two from Kent County and two from Sussex County by the qualified electors thereof respectively. The delegates so chosen shall convene at the Capital of the State on the first Tuesday in September next after their election. Every delegate shall receive for his services such compensation as shall be provided by law. A majority of the Convention shall constitute a quorum for the transaction of business. The Convention shall have power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation, and provide for the printing of its documents, journals, debates and proceedings. The Convention shall determine the rules of its proceedings, and be the judge of the elections, returns and qualification of its members. Whenever there shall be a vacancy in the office of delegate from any district or county by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election to fill such vacancy shall be issued by the Governor, and such vacancy shall be filled by the qualified electors of such district or county.

Florida

See also: Article XI, Florida Constitution

According to Section 4 of Article XI of the Florida Constitution, a constitutional convention can be called through an initiative petition. Proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election.

Section 4 of Article XI also states how a convention must be governed:

...If a majority voting on the question votes in the affirmative, at the next succeeding general election there shall be elected from each representative district a member of a constitutional convention. On the twenty-first day following that election, the convention shall sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the custodian of state records any revision of this constitution proposed by it.

Georgia

See also: Article X, Georgia Constitution

Paragraph IV of Article X states the state legislature can call for a convention by a two-thirds (66.67%) vote of the members of each chamber. The electorate does not have to vote on whether to hold a convention. All proposed constitutional changes must be voted on by the electorate in the same manner as legislatively referred constitutional amendments with a simple majority vote. Paragraph IV also states how the convention must be governed:

The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.

Hawaii

See also: Article XVII, Hawaii Constitution

According to Section 2 of Article XVII of the Hawaii Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot after a period of nine years. Hawaii is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Hawaii 10 years 2018 2028


Section 2 of Article XVII states how a convention must be governed:

Election of Delegates

If a majority of the ballots cast upon such a question be in the affirmative, delegates to the convention shall be chosen at the next regular election unless the legislature shall provide for the election of delegates at a special election.

Notwithstanding any provision in this constitution to the contrary, other than Section 3 of Article XVI, any qualified voter of the district concerned shall be eligible to membership in the convention.

The legislature shall provide for the number of delegates to the convention, the areas from which they shall be elected and the manner in which the convention shall convene. The legislature shall also provide for the necessary facilities and equipment for the convention. The convention shall have the same powers and privileges, as nearly as practicable, as provided for the convention of 1978.

Meeting

The constitutional convention shall convene not less than five months prior to the next regularly scheduled general election.

Organization; Procedure

The convention shall determine its own organization and rules of procedure. It shall be the sole judge of the elections, returns and qualifications of its members and, by a two-thirds vote, may suspend or remove any member for cause. The governor shall fill any vacancy by appointment of a qualified voter from the district concerned.

Ratification; Appropriations

The convention shall provide for the time and manner in which the proposed constitutional revision or amendments shall be submitted to a vote of the electorate; provided that each amendment shall be submitted in the form of a question embracing but one subject; and provided further, that each question shall have designated spaces to mark YES or NO on the amendment.

At least thirty days prior to the submission of any proposed revision or amendments, the convention shall make available for public inspection, a full text of the proposed amendments. Every public library, office of the clerk of each county, and the chief election officer shall be provided such texts and shall make them available for public inspection. The full text of any proposed revision or amendments shall also be made available for inspection at every polling place on the day of the election at which such revision or amendments are submitted.

The convention shall, as provided by law, be responsible for a program of voter education concerning each proposed revision or amendment to be submitted to the electorate.

The revision or amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question, this majority constituting at least fifty per cent of the total vote cast at the election, or at a special election by a majority of all the votes tallied upon the question, this majority constituting at least thirty per cent of the total number of registered voters.

The provisions of this section shall be self-executing, but the legislature shall make the necessary appropriations and may enact legislation to facilitate their operation.

Idaho

See also: Article XX, Idaho Constitution

According to Article XX of the Idaho Constitution, a constitutional convention can be called if two-thirds of the members of each house of the Idaho State Legislature vote to place before the people a question as to whether the people want to call a convention. If a majority of all the voters voting at the election vote for a convention, the legislature must arrange to have a convention.

According to Section 3 of Article XX of the Idaho Constitution, a constitutional convention can be called if two-thirds of the members of each house of the legislature vote to place before the people a question as to whether the people want to call a convention, and if a majority of the voters voting at the election vote in favor.

Section 3 also states the minimum number of delegates required:


...the legislature shall at the next session provide by law for calling the same; and such convention shall consist of a number of members, not less than double the number of the most numerous branch of the legislature.

Illinois

See also: Article XIV, Illinois Constitution

According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1918. Illinois is one of 14 states that provides for an automatic constitutional convention question. A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in the affirmative. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Illinois 20 years 2008 2028


Section 1 also states how a convention must be governed:


(d) The General Assembly, at the session following approval by the electors, by law shall provide for the Convention and for the election of two delegates from each Legislative District; designate the time and place of the Convention's first meeting which shall be within three months after the election of delegates; fix and provide for the pay of delegates and officers; and provide for expenses necessarily incurred by the Convention.

(e) To be eligible to be a delegate a person must meet the same eligibility requirements as a member of the General Assembly. Vacancies shall be filled as provided by law.

(f) The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention's adjournment. Any revision or amendments proposed by the Convention shall be published with explanations, as the Convention provides, at least one month preceding the election.

Indiana

The Indiana Constitution is one of eight state constitutions with no mechanism for calling a convention.

Iowa

See also: Article X, Iowa Constitution

According to Section 3 of Article X of the Iowa Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Iowa is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Iowa 10 years 2020 2030


Section 3 of Article X states how a convention must be governed:


...the general assembly, at its next session, shall provide by law for the election of delegates to such convention, and for submitting the results of said convention to the people, in such manner and at such time as the general assembly shall provide...

Kansas

See also: Article 14, Kansas Constitution

A two-thirds (66.67%) vote is required during one legislative session for the Kansas State Legislature to place a constitutional convention question on the ballot. A simple majority vote of the electorate on the question is required to hold a convention. Any amendments or revisions that come out of the convention must also be approved by voters.

Section 2 of Article 14 states how a convention must be governed:


...delegates to such convention shall be elected at the next election for representatives thereafter, unless the legislature shall have provided by law for the election of such delegates at a special election. The electors of each representative district as organized at the time of such election of delegates shall elect as many delegates to the convention as there are representatives from such district. Such delegates shall have the same qualifications as provided by the constitution for members of the legislature and members of the legislature and candidates for membership in the legislature shall be eligible for election as delegates to the convention. The delegates so elected shall convene at the state capital on the first Tuesday in May next following such election or at an earlier date if provided by law.

The convention shall have power to choose its own officers, appoint and remove its employees and fix their compensation, determine its rules, judge the qualifications of its members, and carry on the business of the convention in an orderly manner. Each delegate shall receive such compensation as provided by law. A vacancy in the office of any delegate shall be filled as provided by law.

The convention shall have power to amend or revise all or that part of the constitution indicated by the question voted upon to call the convention, subject to ratification by the electors. No proposed constitution, or amendment or revision of an existing constitution, shall be submitted by the convention to the electors unless it has been available to the delegates in final form at least three days on which the convention is in session, prior to final passage, and receives the assent of a majority of all the delegates. The yeas and nays upon final passage of any proposal, and upon any question upon request of one-tenth of the delegates present, shall be entered in the journal of the convention.

Proposals of the convention shall be submitted to the electors at the first general or special statewide election occurring not less than two months after final action thereon by the convention, and shall take effect in accordance with the provisions thereof in such form and with such notice as is directed by the convention upon receiving the approval of a majority of the qualified electors voting thereon.

Kentucky

See also: Mode of Revision, Kentucky Constitution

According to the Kentucky Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required during two successive legislative sessions of the Legislature to place a constitutional convention question on the ballot. Turnout for those voting 'yes' at the election must be equal to at least 25% of the qualified electors who voted at the last general election.

The Kentucky Constitution also states how the convention must be goverened:


(Partial) text of Section 258: Constitutional Convention -- How proposed, voted upon, and called.

...If it shall appear that a majority voting on the proposition was for calling a Convention... the Secretary of State shall certify the same to the General Assembly at its next regular session, at which session a law shall be enacted calling a Convention to readopt, revise or amend this Constitution, and such amendments as may have been made thereto.


Text of Section 259: Number and qualifications of delegates

The Convention shall consist of as many delegates as there are members of the House of Representatives; and the delegates shall have the same qualifications and be elected from the same districts as said Representatives.


Text of Section 260: Election of delegates -- meeting.

Delegates to such Convention shall be elected at the next general State election after the passage of the act calling the Convention, which does not occur within less than ninety days; and they shall meet within ninety days after their election at the Capital of the State, and continue in session until their work is completed.


Text of Section 261: Certification of election and compensation of delegates.

The General Assembly, in the act calling the Convention, shall provide for comparing the polls and giving certificates of election to the delegates elected, and provide for their compensation.


Text of Section 262: Determination of election and qualifications of delegates -- Contests.

The Convention, when assembled, shall be the judge of the election and qualification of its members, and shall determine contested elections. But the General Assembly shall, in the act calling the Convention, provide for taking testimony in such cases, and for issuing a writ of election in case of a tie.

Louisiana

See also: Article XIII, Louisiana Constitution

According to Article XII, the state legislature can provide for the calling of a constitutional convention by law enacted by two-thirds of the members of each chamber of the legislature.

The Louisiana Constitution says nothing about convention rules.

Maine

See also: Article IV--Part Third, Maine Constitution

According to Section 15 of Part III of Article IV, the legislature can, by a two-thirds concurrent vote of both branches, call a constitutional convention.

However, the constitution says nothing about convention rules.

Maryland

See also: Article XIV, Maryland Constitution

According to Section 2 of Article XIV of the Maryland Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1970. Maryland is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Maryland 20 years 2010 2030


The Maryland Constitution also states how a convention must be governed:


...if a majority of voters at such election or elections shall vote for a Convention, the General Assembly, at its next session, shall provide by Law for the assembling of such convention, and for the election of Delegates thereto. Each County, and Legislative District of the City of Baltimore, shall have in such Convention a number of Delegates equal to its representation in both Houses at the time at which the Convention is called...

Massachusetts

The Massachusetts Constitution is one of eight state constitutions with no mechanism for calling a convention.

Michigan

See also: Article XII, Michigan Constitution

According to Section 3 of Article XII of the Michigan Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 16 years starting in 1978. Michigan is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Michigan 16 years 2010 2026


Section 3 of Article XII states how conventions must be governed:


...If a majority of the electors voting on the question decide in favor of a convention for such purpose...the electors of each representative district as then organized shall elect one delegate and the electors of each senatorial district as then organized shall elect one delegate at a partisan election. The delegates so elected shall convene at the seat of government on the first Tuesday in October next succeeding such election or at an earlier date if provided by law.

Convention officers, rules, membership, personnel, publications.

The convention shall choose its own officers, determine the rules of its proceedings and judge the qualifications, elections and returns of its members. To fill a vacancy in the office of any delegate, the governor shall appoint a qualified resident of the same district who shall be a member of the same party as the delegate vacating the office. The convention shall have power to appoint such officers, employees and assistants as it deems necessary and to fix their compensation; to provide for the printing and distribution of its documents, journals and proceedings; to explain and disseminate information about the proposed constitution and to complete the business of the convention in an orderly manner. Each delegate shall receive for his services compensation provided by law.

Minnesota

See also: Article IX, Minnesota Constitution

According to Section 3 of Article IX of the Minnesota Constitution, a two-thirds (66.67%) vote in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a 60% vote of the electorate to be ratified.

Section 2 of Article IX states how a convention must be governed:


If a majority of all the electors voting at the election vote for a convention, the legislature at its next session, shall provide by law for calling the convention. The convention shall consist of as many delegates as there are members of the house of representatives. Delegates shall be chosen in the same manner as members of the house of representatives and shall meet within three months after their election.

Mississippi

See also: Article XV, Mississippi Constitution

The Mississippi Constitution is one of eight state constitutions with no mechanism for calling a convention.

Missouri

See also: Article XII, Missouri Constitution

According to Section 3a of Article XII of the Missouri Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1942. Missouri is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Missouri 20 years 2022 2042


Section 3a states how the convention delegates are chosen:


...the governor shall call an election of delegates to the convention on a day not less than three nor more than six months after the election on the question. At the election the electors of the state shall elect fifteen delegates-at-large and the electors of each state senatorial district shall elect two delegates. Each delegate shall possess the qualifications of a senator; and no person holding any other office of trust or profit (officers of the organized militia, school directors, justices of the peace and notaries public excepted) shall be eligible to be elected a delegate. To secure representation from different political parties in each senatorial district, in the manner prescribed by its senatorial district committee each political party shall nominate but one candidate for delegate from each senatorial district, the certificate of nomination shall be filed in the office of the secretary of state at least thirty days before the election, each candidate shall be voted for on a separate ballot bearing the party designation, each elector shall vote for but one of the candidates, and the two candidates receiving the highest number of votes in each senatorial district shall be elected. Candidates for delegates-at-large shall be nominated by nominating petitions only, which shall be signed by electors of the state equal to five percent of the legal voters in the senatorial district in which the candidate resides until otherwise provided by law, and shall be verified as provided by law for initiative petitions, and filed in the office of the secretary of state at least thirty days before the election. All such candidates shall be voted for on a separate ballot without party designation, and the fifteen receiving the highest number of votes shall be elected. Not less than fifteen days before the election, the secretary of state shall certify to the county clerk of the county the name of each person nominated for the office of delegate from the senatorial district in which the county, or any part of it, is included, and the names of all persons nominated for delegates-at-large.

Section 3b includes even more detail:


Text of Section 3(b):

Convention of Delegates—-Quarters—-Oath—-Compensation—-Quorum—-Vote Required-—Organization, Employees, Printing—-Public Sessions—-Rules—-Vacancies

The delegates so elected shall be convened at the seat of government by proclamation of the governor within six months after their election. The facilities of the legislative chambers and legislative quarters shall be made available for the convention and the delegates. Upon convening all delegates shall take an oath or affirmation to support the Constitution of the United States and of the state of Missouri, and to discharge faithfully their duties as delegates to the convention, and shall receive for their services the sum of ten dollars per diem and mileage as provided by law for members of the general assembly. A majority of the delegates shall constitute a quorum for the transaction of business, and no constitution or amendment to this constitution shall be submitted to the electors for approval or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal. The convention may appoint such officers, employees and assistants as it may deem necessary, fix their compensation, provide for the printing of its documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred. The sessions of the convention shall be held with open doors, and it shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its delegates. In case of a vacancy by death, resignation or other cause, the vacancy shall be filled by the governor by the appointment of another delegate of the political party of the delegate causing the vacancy.

Montana

See also: Article XIV, Montana Constitution

According to Section 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Montana 20 years 2010 2030


The Montana State Legislature is also authorized to submit a constitutional convention question to voters via a two-thirds (66.67%) vote of both chambers. Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts. Any amendments proposed by a convention must be ratified by the voters.


Section 4 of Article XIV states:


Text of Section 4:

Call of Convention

If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling thereof at its next session. The number of delegates to the convention shall be the same as that of the larger body of the legislature. The qualifications of delegates shall be the same as the highest qualifications required for election to the legislature. The legislature shall determine whether the delegates may be nominated on a partisan or a nonpartisan basis. They shall be elected at the same places and in the same districts as are the members of the legislative body determining the number of delegates.

Section 5 of Article XIV states:


Text of Section 5:

Convention Expenses

The legislature shall, in the act calling the convention, designate the day, hour, and place of its meeting, and fix and provide for the pay of its members and officers and the necessary expenses of the convention.

Section 6 of Article XIV states:


Text of Section 6:

Oath, Vacancies

Before proceeding, the delegates shall take the oath provided in this constitution. Vacancies occurring shall be filled in the manner provided for filling vacancies in the legislature if not otherwise provided by law.

And Section 7 of Article XIV states:


Text of Section 7:

Convention Duties

The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.

Nebraska

See also: Article XVI, Nebraska Constitution

A 60% supermajority vote is required during one legislative session of the state legislature to place a constitutional convention question on the ballot. A convention is held if the question wins by a simple majority vote. However, the number of affirmative votes cast for the measure must be greater than 35% of the total votes cast in the election. Voters must also ratify amendments or revisions proposed by the convention.

Section 2 of Article XVI states how the convention must be governed:


...if a majority of the electors voting on the proposition, vote for a convention, the Legislature shall, at its next session provide by law for calling the same; Provided, the votes cast in favor of calling a convention shall not be less than thirty-five per cent of the total votes cast at such election. The convention shall consist of not more than one hundred members, the exact number to be determined by the Legislature, and to be nominated and elected from districts in the manner to be prescribed by the Legislature. Such members shall meet within three months after their election, for the purpose aforesaid...

Nevada

See also: Article 16, Nevada Constitution

According to Section 2 of Article 16 of the Nevada Constitution, a two-thirds vote of the Nevada State Legislature is required to refer a constitutional convention question to the ballot. A simple majority vote of the electorate is required to call a convention.

Section 2 of Article 16 states how the constitution must be governed:


...if it shall appear that a majority of the electors voting at such election, shall have voted in favor of calling a Convention, the Legislature shall, at its next session provide by law for calling a Convention to be holden within six months after the passage of such law, and such Convention shall consist of a number of Members not less than that of both branches of the Legislature.

New Hampshire

See also: Article 100 of the New Hampshire Constitution

According to the New Hampshire Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1972. New Hampshire is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
New Hampshire 10 years 2022 2032


Article 100 also states how the convention must be governed:


(b)...If a majority of the qualified voters voting on the question of holding a convention approves it, delegates shall be chosen at the next regular general election, or at such earlier time as the legislature may provide, in the same manner and proportion as the representatives to the general court are chosen. The delegates so chosen shall convene at such time as the legislature may direct and may recess from time to time and make such rules for the conduct of their convention as they may determine.

(c) The constitutional convention may propose amendments by a three-fifths vote of the entire membership of the convention.

New Jersey

The New Jersey Constitution is one of eight state constitutions with no mechanism for calling a convention.

New Mexico

See also: Article XIX, New Mexico Constitution

A two-thirds (66.67%) vote is required during one legislative session of the state legislature to place a constitutional convention question on the ballot. A convention is held if the question receives a simple majority of the vote. Voters must also ratify amendments proposed by the convention.

Section 2 of Article XIX states how the convention must be governed:


...if a majority of all the electors voting on such questions at said election in the state votes in favor of calling a convention, the legislature shall, at the next session, provide by law for calling the same. Such convention shall consist of at least as many delegates as there are members of the house of representatives...

New York

See also: Article XIX, New York Constitution

According to Section 2 of Article XIX of the New York Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1957. New York is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
New York 20 years 2017 2037


Section 2 of Article XIX also states how the convention must be governed:


...in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his or her services the same compensation as shall then be annually payable to the members of the assembly and be reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be entitled thereto in the case of a session of the legislature. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal, proceedings and other expenses of said convention. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval.

North Carolina

See also: Article XIII, North Carolina Constitution

According to Article XIII of the North Carolina Constitution, a two-thirds (66.67%) vote vote of both chambers of state Legislature is required to place a constitutional convention question on the ballot. A simple majority vote is required for voters to approve the question. Any amendments proposed by a constitutional convention also require voter approval.

Section 1 states how a convention must be governed:


...If a majority of the votes cast upon the proposition are in favor of a Convention, it shall assemble on the day prescribed by the General Assembly. The General Assembly shall, in the act submitting the convention proposition, propose limitations upon the authority of the Convention; and if a majority of the votes cast upon the proposition are in favor of a Convention, those limitations shall become binding upon the Convention. Delegates to the Convention shall be elected by the qualified voters at the time and in the manner prescribed in the act of submission. The Convention shall consist of a number of delegates equal to the membership of the House of Representatives of the General Assembly that submits the convention proposition and the delegates shall be apportioned as is the House of Representatives. A Convention shall adopt no ordinance not necessary to the purpose for which the Convention has been called.

North Dakota

See also: Article III, North Dakota Constitution

According to Section 1 of Article III of the North Dakota Constitution, the state's initiative petition process is used to call a constitutional convention.

The North Dakota Constitution provides no mechanism under which the state legislature can initiate a call for a convention.

Section 1 states how the convention must be governed:


...This article is self-executing and all of its provisions are mandatory. Laws may be enacted to facilitate and safeguard, but not to hamper, restrict, or impair these powers.

Ohio

See also: Section 1a, Article II, Ohio Constitution and Article XVI, Ohio Constitution

According to Section 3 of Article XVI of the Ohio Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1932. Ohio is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next automatic constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Ohio 20 years 2012 2032


Section 2 of Article XVI provides states how the convention must be governed:


...if a majority of all the electors, voting for and against the calling of a convention, shall have voted for a convention, the General Assembly shall, at their next session, provide, by law, for calling the same. Candidates for members of the constitutional convention shall be nominated by nominating petitions only and shall be voted for upon one independent and separate ballot without any emblem or party designation whatever. The convention shall consist of as many members as the House of Representatives, who shall be chosen as provided by law, and shall meet within three months after their election, for the purpose, aforesaid.

Oklahoma

See also: Article XXIV, Oklahoma Constitution

According to Section 2 of Article XXIV of the Oklahoma Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years. Oklahoma is one of 14 states that provides for an automatic constitutional convention question. However, the last time Oklahomans voted on such a question was in 1970.[1] According to the State Constitutional Convention Clearinghouse, "Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part of the Constitution but none has passed."[2]

Section 2 states how the convention must be governed:


...any amendments, alterations, revisions, or new Constitution, proposed by such convention, shall be submitted to the electors of the State at a general or special election and be approved by a majority of the electors voting thereon, before the same shall become effective...

Oregon

See also: Article XVII, Oregon Constitution

Section 1 of Article XVIII of the Oregon Constitution states that a constitutional convention can only be held if "the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election." The constitution does not define how such a referendum is to be put before voters.

Pennsylvania

The Pennsylvania Constitution is one of eight state constitutions with no mechanism for calling a convention.

Rhode Island

See also: Article XIV, Rhode Island Constitution

According to section 2 of Article XIV of the Rhode Island Constitution, a simple majority vote in one legislative session is required for the state legislature to place a constitutional convention question on the ballot. A simple majority vote of the electorate is required to call the convention. The state constitution also requires that a state constitutional convention question is provided to voters at least 10 years after the prior question. Rhode Island is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Rhode Island 10 years 2014 2024


Section 2 of Article 14 also states how the convention must be governed:


...Prior to a vote by the qualified electors on the holding of a convention, the general assembly, or the governor if the general assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble information on constitutional questions for the electors. If a majority of the electors voting at such election on said question shall vote to hold a convention, the general assembly at its next session shall provide by law for the election of delegates to such convention. The number of delegates shall be equal to the number of members of the house of representatives and shall be apportioned in the same manner as the members of the house of representatives. No revision or amendment of this constitution agreed upon by such convention shall take effect until the same has been submitted to the electors and approved by a majority of those voting thereon.

South Carolina

See also: Article XVI, South Carolina Constitution

According to Section 3 of Article XVI of the South Carolina Constitution, a constitutional convention can be held if two-thirds of the members of both houses of the South Carolina State Legislature vote to put the question on the ballot.

Section 3 of Article XVI also states how the convention must be governed:


Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention to revise, amend or change this Constitution, they shall recommend to the electors to vote for or against a Convention at the next election for Representatives; and if a majority of all the electors voting at said election shall have voted for a Convention, the General Assembly shall, at its next session, provide by law for calling the same; and such Convention shall consist of a number of members equal to that of the most numerous branch of the General Assembly.

South Dakota

See also: Article XXIII, South Dakota Constitution

According to Section 2 of Article 23 of the South Dakota Constitution, the South Dakota State Legislature can call a state constitutional convention through a 75% vote in each legislative chamber. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment.

Section 2 of Article XXIII also state how the convention must be governed:


A convention to revise this Constitution may be called by a three-fourths vote of all the members of each house. The calling of a constitutional convention may be initiated and submitted to the voters in the same manner as an amendment. If a majority of the voters voting thereon approve the calling of a convention, the Legislature shall provide for the holding thereof. Members of a convention shall be elected on a nonpolitical ballot in the same districts and in the same number as the house of representatives. Proposed amendments or revisions approved by a majority of all the members of the convention shall be submitted to the electorate at a special election in a manner to be determined by the convention.

Tennessee

See also: Section 3 of Article XI of the Tennessee Constitution

According to Section 3 of Article XI of the Tennessee Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.

Section 3 of Article XI also states how a convention must be governed:


...when, upon such submission, a majority of all the voters voting upon the proposal submitted shall approve the proposal to call a convention, the delegates to such convention shall be chosen at the next general election and the convention shall assemble for the consideration of such proposals as shall have received a favorable vote in said election, in such mode and manner as shall be prescribed. No change in, or amendment to, this Constitution proposed by such convention shall become effective, unless within the limitations of the call of the convention, and unless approved and ratified by a majority of the qualified voters voting separately on such change or amendment at an election to be held in such manner and on such date as may be fixed by the convention...

Texas

The Texas Constitution is one of eight state constitutions with no mechanism for calling a convention.

Utah

See also: Article XXIII, Utah Constitution

According to Section 2 of Article XXIII, a ballot question about whether to hold a convention can go on the ballot if two-thirds of the members of the Utah State Legislature vote to put it on the ballot.


...Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention, and, if a majority of all the electors, voting at such election, shall vote for a convention, the Legislature, at its next session, shall provide by law for calling the same. The convention shall consist of not less than the number of members in both branches of the Legislature.

Vermont

The Vermont Constitution is one of eight state constitutions with no mechanism for calling a convention.

Virginia

See also: Article XII, Virginia Constitution

According to Section 2 of Article XII, a constitutional convention can occur in Virginia if a two-thirds of the members of both houses of the Virginia State Legislature vote in favor of the question. No additional voter ratification on the question of whether to hold the convention is required.


The General Assembly may, by a vote of two-thirds of the members elected to each house, call a convention to propose a general revision of, or specific amendments to, this Constitution, as the General Assembly in its call may stipulate.

The General Assembly shall provide by law for the election of delegates to such a convention, and shall also provide for the submission, in such manner as it shall prescribe and not sooner than ninety days after final adjournment of the convention, of the proposals of the convention to the voters qualified to vote in elections by the people. If a majority of those voting vote in favor of any proposal, it shall become effective on the date prescribed by the General Assembly in providing for the submission of the convention proposals to the voters.

Washington

Article XXIII, Washington State Constitution

According to Article XXIII of the Washington State Constitution, a two-thirds (66.67%) vote is required during one legislative session for the Washington State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approve the question, then the legislature needs to call for a convention during its next session.


Whenever two-thirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote at the next general election, for or against a convention, and if a majority of all the electors voting at said election shall have voted for a convention, the legislature shall at the next session, provide by law for calling the same; and such convention shall consist of a number of members, not less than that of the most numerous branch of the legislature.

West Virginia

See also: Article XIV, West Virginia Constitution

According to Section 1 of Article XIV of the West Virginia Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.


...And such convention shall not be held unless a majority of the votes cast at such polls be in favor of calling the same; nor shall the members be elected to such convention, until, at least, one month after the result of the vote shall be duly ascertained, declared and published. And all acts and ordinances of the said convention shall be submitted to the voters of the State for ratification or rejection, and shall have no validity whatever until they are ratified

Wisconsin

See also: Article XII, Wisconsin Constitution

A simple majority vote is required during one legislative session for the Wisconsin State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approve the question, then the legislature needs to convene a convention during its next session.


If at any time a majority of the senate and assembly shall deem it necessary to call a convention to revise or change this constitution, they shall recommend to the electors to vote for or against a convention at the next election for members of the legislature. And if it shall appear that a majority of the electors voting thereon have voted for a convention, the legislature shall, at its next session, provide for calling such convention.

Wyoming

See also: Article 20, Wyoming Constitution

According to Section 3 of Article 20 of the Wyoming Constitution, a two-thirds (66.67%) vote is required during one legislative session for the Wyoming State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approve the question, then the legislature needs to call for a convention during its next session.


Whenever two-thirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this constitution, they shall recommend to the electors to vote at the next general election for or against a convention, and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall at the next session provide by law for calling the same; and such convention shall consist of a number of members, not less than double that of the most numerous branch of the legislature.

Footnotes