Separate-vote requirement for constitutional amendments
A separate-vote requirement is a constitutional provision featured in 32 state constitutions requiring that proposed constitutional amendments placed on statewide ballots must be decided by voters as separate ballot questions. In some states, constitutional amendments have been overturned after courts found that the amendments violated the state constitution's separate-vote requirement.
There is a similar rule called the single-subject rule that requires ballot initiatives, not legislative referrals, to address a single subject, topic, or issue. Of the 26 states with some type of statewide citizen-initiated measure, 16 have a single-subject rule. Of the 32 states that have a separate-vote requirement, 14 have a single-subject rule.
Requirements by state
Thirty-two states have a separate-vote requirement in their state constitutions for proposed constitutional amendments. The following map shows which states have the requirement:
See also
Footnotes
- ↑ Wisconsin Supreme Court, "Wisconsin Justice Initiative v. Wisconsin Elections Commission," May 16, 2023
- ↑ Pennsylvania Supreme Court, "League of Women Voters of PA and Haw v. Degraffenreid - Ruling: Majority Opinion," December 21, 2021
- ↑ Montana Supreme Court, "Opinion and Order," November 1, 2017
- ↑ Nebraska Attorney General, "Whether LR264CA Violates the Separate-Vote Requirement in Neb. Const. art. XVI, S 1.," accessed February 11, 2023
- ↑ Justia Law, "Armatta v. Kitzhaber," accessed February 11, 2023