State constitutional conventions


Types of ballot measures
Initiated
• Initiated constitutional amendment
• Initiated state statute
• Veto referendum
Legislative
• Legislative constitutional amendment
• Legislative state statute
• Legislative bond issue
• Advisory question
Other
• Automatic ballot referral
• Commission-referred measure
• Convention-referred amendment
Select a state from the menu below to learn more about that state's types of ballot measures.

A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to a state constitution. As of 2023, 233 constitutional conventions to deliberate on state-level constitutions have been held in the United States.^[1]

Forty-two states have rules that govern how, in their state, a constitutional convention can be called.

The main differences between states in terms of their laws governing constitutional conventions are:

In some states, a ballot measure asking the people to approve or disapprove of holding a convention appears automatically on the ballot every ten or (in some states) twenty years.
In some states, the legislature can call a convention without having to ask the voters for their approval of a convention.
In some states, the state legislature can act to place on the ballot a question asking the voters whether they wish to call a convention. These states vary with respect to:

What percentage of those in the state legislature must vote to place such a question on the ballot.
Whether the legislature must vote in favor of placing such a measure before the people in one or more legislative sessions.
Once a constitutional convention question has been placed before the voters, what percentage of them must approve it for it to become part of the state's constitution.

HIGHLIGHTS

The last time voters approved a constitutional convention question was in 1996 in Hawaii. The question was approved in a vote of 50.5% to 49.5%. Although it was approved, its passage did not result in a convention being held. The Hawaii 1996 constitutional convention question was considered to be approved at first, but due to a situation in which many voters left their ballots blank when answering the question, the Hawaii Supreme Court ruled that the question had actually not passed, and therefore no convention was held.

The last constitutional convention question that resulted in a convention being held was in Rhode Island in 1984. The approval of the question led to the state of Rhode Island holding a constitutional convention in 1986.

Scheduled automatic ballot referrals for constitutional convention questions include Alaska (2022), Missouri (2022), New Hampshire (2022), Rhode Island (2024), Michigan (2026), Connecticut (2028), Hawaii (2028), Illinois (2028), Iowa (2030), Maryland (2030), Montana (2030), Alaska (2032), New Hampshire (2032), and Ohio (2032).^[2]

Automatic/mandatory ballot referrals

See also: Mandatory vote about whether a statewide constitutional convention shall be held and automatic ballot referral

See also: State constitutional conventions

In 14 states, a constitutional convention question is an automatic ballot referral, meaning no legislative vote is required. Rather, the state constitution includes a provision calling for the question at a specific interval. Oklahoma has a requirement; however, state officials have declined to place a question on the ballot since 1970.

State	Interval	Last question on the ballot	Next question on the ballot
Alaska	10 years	2022	2032
Iowa	10 years	2020	2030
New Hampshire	10 years	2022	2032
Rhode Island	10 years	2024	2034
Hawaii	10 years	2018	2028
Michigan	16 years	2010	2026
Connecticut	20 years	2008	2028
Illinois	20 years	2008	2028
Maryland	20 years	2010	2030
Missouri	20 years	2022	2042
Montana	20 years	2010	2030
New York	20 years	2017	2037
Ohio	20 years	2012	2032
Oklahoma	20 years	1970	N/A

Every 10 years

Alaska: Section 3 of Article 13 of the Alaska Constitution calls for the question of whether to hold a convention to automatically by placed on the ballot every ten years. The last time Alaskans voted on whether to hold a constitutional convention was in 2012 via Ballot Measure 1. It was rejected with 67% of voters opposed.

Iowa: Section 3 of Article X of the Iowa Constitution provides that starting in 1970 and every ten years thereafter, there is an automatic ballot referral on the Iowa ballot about whether to hold a constitutional convention. The Iowa State Legislature can also put the question on the ballot.^[3] Automatic ballot referrals concerning convening a constitutional convention were rejected by voters in in 2010 and 2020.

New Hampshire: The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. Starting in 1792, New Hampshire required that a mandatory vote on whether to hold a constitutional convention take place every seven years. This was changed in 1964 to the current ten-year requirement.^[1] The New Hampshire General Court can also place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question. Up until 1964, the New Hampshire Constitution (Part 2, Article 100) required an automatic ballot question about whether to hold a convention every seven years. In 2012, voters rejected a constitutional convention question, with 64% of voters opposed.

Rhode Island: The question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every ten years. This requirement was placed into the Rhode Island Constitution at a convention held in 1973.^[4] The Rhode Island State Legislature can place the question about having a convention on the statewide ballot by a majority vote; if it does, the timing of the automatic referrals will change to be ten years from the last time the state legislature put the question on the ballot rather than ten years from the last automatic referral of the question.^[5] Rhode Island has a unique provision about elections on the constitutional convention question. It is, "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." This means that before the vote is held, a preparatory commission must be created if the state's voters choose to hold one. Voters in 2014 rejected the idea of a convention with 55% of voters opposed.

Hawaii: When the original Hawaii Constitution was adopted in 1950—becoming effective when Hawaii became a state in 1959—it provided for a ten-year interval between mandatory submission to the voters of a constitutional convention question. In 1976, such a measure was on the ballot. This measure was approved and led to a constitutional convention in 1978. That convention proposed that the interval be changed to nine years.^[1]

Specifically, according to Section 2 of Article XVII of the Hawaii Constitution (emphasis added)

The legislature may submit to the electorate at any general or special election the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" If any nine-year period shall elapse during which the question shall not have been submitted, the lieutenant governor shall certify the question, to be voted on at the first general election following the expiration of such period.

Although Hawaii's constitutional language refers to "nine years", this does not mean that Hawaiians will vote on a constitutional convention question every nine years. Rather, the Hawaii constitution says that if a nine-year period passes without a con-con referendum, a referendum is required at the next general election after that nine-year period has passed. But Hawaii only holds general elections in even-numbered years. If the Hawaii State Legislature were to schedule a vote on a con-con question as its prerogative and that vote took place, at the state legislature's preference, in a special election in an odd-numbered year (or at a non-November special election date in an even-numbered year), a situation could arise where the next general election is nine years plus some number of days away from the state's last con-con referendum. Section 2 of Article XVII would in such a situation require a 9-year break between referendums. But if the past referendum is on a general election ballot in an even-numbered year, the nine-year period will always end in an odd-numbered year. This means that the mandatory vote won't be held until the following year (10 years).

One consequence of this is that, if Hawaii only ever holds mandatory con-con votes (which would mean that the state legislature never exercises its prerogative to ask for a special vote on this topic), then there will always be ten years between such votes in Hawaii.

Every 16 years

Michigan: 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 sixteen years starting in 1978. 1994 and 2010 were in the sixteen-year sequence. In 2010, only 33% of voters were in favor of gathering a convention. The next time Michigan voters will face this question is 2026.

Every 20 years

Connecticut: Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. One such vote will occur on November 4, 2008. The next will be in November 2028. See Connecticut Constitutional Convention, Question 1 (2008).

Illinois: Voters of the state are automatically asked every twenty years whether they want a constitutional convention to be held. This automatic vote occurred most recently in 2008.

Maryland: By the terms of Section 2 of Article 14 of the Maryland Constitution, a question as to whether to hold a constitutional convention must automatically be placed on the statewide general election ballot every twenty years. This question will next appear on the ballot in 2030. To win approval, the number of people voting "yes" needs to be more than 50% of the total number of Marylanders who vote overall; not just a simple majority of those voting on the question.

Missouri: As established in Section 3a of Article XII, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every twenty years. This practice started in 1942. Voters said "yes" to the question in 1942. From this convention, a new constitution (The Missouri Constitution of 1945) came about. Voters have said subsequently said "no" to the idea of a constitution convention in 1962, 1982 and 2002.^[6]

Montana: As established in Section 3, Article XIV of the Montana Constitution, a question about whether to hold a constitutional convention in the state shall automatically go on the ballot every twenty years if it has not otherwise appeared on the ballot. The last time voters in Montana weighed in on this question was in 2010, when they defeated it 58-42%.

New York: According to Section 2 of Article XIX of the New York Constitution, the question as to whether to hold a constitutional convention is automatically placed on the statewide general election ballot every twenty years, starting in 1957.^[7] The measure was most recently on the 2017 ballot, where it was defeated 83% to 17%. Before that, it was defeated in 1997 in a vote of 63% to 37%.

Ohio: Section 3 of Article XVI calls for a question about whether to have a convention to appear on the ballot in 1932 and every twenty years thereafter.

Oklahoma: Section 2 of Article XXIV of the Oklahoma Constitution says that the question of whether to hold a convention must go on the Oklahoma ballot every 20 years. However, the last time Oklahomans voted on such a question was in 1970.^[8] 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."^[9]

Majority vote of legislature and voter approval

Nine states allow the state legislature to refer a question about whether or not to hold a constitutional convention to the ballot, which require voter approval to take place.

Alabama: According to Section 286 of Article XVIII of the Alabama Constitution, a constitutional convention can occur in the state if a simple majority of the members of both houses of the Alabama State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority. There is no provision in Alabama for an automatic ballot referral.^[10]

Arizona: Article 21 of the Arizona Constitution allows the state legislature to call a constitutional convention, though "laws providing for such Convention shall first be approved by the people on a Referendum vote at a regular or special election." Presumably, either the Arizona State Legislature through a legislatively referred constitutional amendment or the people, through an initiated constitutional amendment, could place on the ballot a measure that provided such laws.

Hawaii: The state legislature can convene a constitutional convention by a simple majority vote. If they don't hold one every ten years, the state's Lieutenant Governor orders the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" to be placed on a statewide ballot.

Kentucky: A constitutional convention can be held in Kentucky if (a) the Kentucky State Legislature votes, in two successive sessions, by a simple majority, to place the question on a statewide general election ballot and (b) if the question is approved by a majority of voters, but only if the total number of votes cast for the calling of a convention is equal to 25% of the number of qualified voters who voted at the last preceding general election in the state.^[11]

New Hampshire: Article 100 of Part II of the New Hampshire Constitution says a constitutional convention question can go on the ballot through a majority vote of both houses of the New Hampshire General Court. If approved by a simple majority, there shall be a convention. Proposed amendments arising from the convention require a two-thirds supermajority vote of the electorate. A question about whether to have a convention also goes on the ballot automatically every ten years in New Hampshire.

New York: In addition to an automatic ballot referral every 20 years, the New York State Legislature can also vote to put a constitutional convention question on the ballot.

Oregon: Section 1 of Article XVIII of the Oregon Constitution says, "No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election."

Rhode Island: Section 2 of Article 14 of the Rhode Island Constitution says the question "Shall there be a convention to amend or revise the constitution?" can go on the ballot if approved by a simple majority of the members of both houses of the state's general assembly.

Tennessee: As established in Section 3 of Article XI, a constitutional convention can occur in Tennessee if a simple majority of the members of both houses of the Tennessee General Assembly vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority. There is one limit: conventions cannot be held oftener than every six years.^[12]

West Virginia: According to Section 1 of Article XIV of the West Virginia Constitution, a constitutional convention can occur in West Virginia if a simple majority of the members of both houses of the West Virginia State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[13]

Wisconsin: Article XII of the Wisconsin Constitution lays out the procedure whereby a constitutional convention can be called. A simple majority of the members of both houses of the Wisconsin State Legislature must vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority.^[14]

Supermajority vote of legislature and voter approval

Three-fifths (60%) supermajority vote

Illinois: Under Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention can 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.

Nebraska: According to Section 2 of Article XVI of the Nebraska Constitution, a constitutional convention can be held to "revise, amend, or change" the constitution if 60% of Nebraska's legislators agree to put a question about whether to have such a convention before the state's voters. A convention will be held if the question wins by a majority vote as long as those voting in favor equal at least 35% of those voting in the election.

Two-thirds (66.67%) supermajority vote

California: A constitutional convention can occur in California if a two-thirds majority of the members of both houses of the California State Legislature vote to put the question to a statewide vote of the people, who must then approve the question by a simple majority. California has held two such conventions, in 1849 and 1878.^[15] The state's voters approved a call for a constitutional convention in 1933, but the California State Legislature declined to act on that call.^[16]

Colorado: Article XIX of the Colorado Constitution says that the Colorado General Assembly by a two-thirds vote of each chamber (the Colorado House of Representatives and the Colorado State Senate) can place a measure on the ballot asking the state's voters if they want a constitutional convention. The voters can approve a constitutional convention with a simple majority vote. Any proposed amendments coming out of such a convention are then to be submitted to a statewide vote of the people who can approve them by a simple majority.

Delaware: 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.

Idaho: Article XX of the Idaho Constitution says that 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.

Kansas: According to Section 2, Article 14 of the Kansas Constitution, the Kansas State Legislature can, by a two-thirds vote, place on the statewide ballot the question, "Shall there be a convention to amend or revise the constitution of the state of Kansas?" The legislature can also call a convention that is limited to consideration of amending a particular specified article of the state's constitution. A simple majority of voters is required to approve the question.^[17]

Minnesota: According to Section 3 of Article IX of the Minnesota Constitution, a constitutional convention can be held in Minnesota if two-thirds of the members of both houses of the Minnesota State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority. However, any proposed amendments coming out of the convention, when submitted to voters for their approval, require a 60% supermajority vote.^[18]

Montana: Montana offers three different paths to having a constitutional convention. One of them is for the Montana State Legislature, "by an affirmative vote of two-thirds of all the members ... [to submit] to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend" the constitution. The state's electors can also collect signatures to put this question on the ballot under the state's ordinary procedures for a ballot initiative and the question automatically goes on the ballot every twenty years, if it hasn't gone on through a legislative referral or a citizen initiative.

New Mexico: According to Section 2 of Article XIX of the New Mexico Constitution, a constitutional convention can be held in New Mexico if two-thirds of the members of both houses of the New Mexico State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority.^[19]

Nevada: Section 2 of Article 16 says that if two-thirds of the Nevada State Legislature votes in favor, a question about whether to hold a constitutional convention goes on a statewide ballot. A majority vote -- but not a simple majority vote -- of the statewide electorate is required to generate a convention: "In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question."

North Carolina: A constitutional convention can be held in North Carolina if two-thirds of the members of both houses of the North Carolina State Legislature vote to put the question of calling such a convention to a vote of the people, who can approve it by a simple majority, according to Article XIII of the North Carolina Constitution.

Ohio: Although a question about whether to have a convention appears automatically on the Ohio ballot every twenty years, the Ohio State Legislature can also put a question about whether to have one on the ballot with a two-thirds vote.

South Carolina: Section 3 of Article XVI of the South Carolina Constitution says that 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 of calling such a convention to a vote of the people, who can approve it by a simple majority.^[20]

Utah: 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.

State of Washington: According to Section 2 of Article XXVIII of the Washington State Constitution, it takes a two-thirds vote of each chamber of the Washington State Legislature to call a constitutional convention to revise or amend the Washington State Constitution. If two-thirds of each chamber does want a convention, they must put a question on the state's ballot asking the voters if they agree. If a majority of voters do agree, a convention will occur.^[21]

Wyoming: According to Article 20 of the Wyoming Constitution, a convention can be called through a two-thirds (66.67%) supermajority vote in both houses of the legislature and simple majority voter approval.

Supermajority legislative vote with no voter approval requirement

Virginia Constitution of 1830

Georgia: According to Paragraph IV of Article X of the Georgia Constitution, a constitutional convention can occur in Georgia if a two-thirds majority of the members of both houses of the Georgia General Assembly agree to hold it. That agreement does not need to be put to a vote of the people.^[22]

Louisiana: According to Article XIII of the Louisiana Constitution, a constitutional convention can occur in Louisiana if a two-thirds majority of the members of both houses of the Louisiana State Legislature vote to hold a convention. No additional voter ratification on the question of whether to hold the convention is required.

Maine: 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. Maine has never called such a convention; however, two constitutional commissions were called, one in 1876 and one in 1962, but neither led to significant changes.^[23]

South Dakota: According to Section 2 of Article XXIII of the South Dakota Constitution, the South Dakota State Legislature can call a convention through a 75% vote "of all the members of each house." This vote of the state legislature does not need to then go to a vote of the people; they can directly call a convention with 75% of their membership. (South Dakotans can also call a convention by collecting signatures on a petition to force the question to a statewide vote.)

Virginia: 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.^[24]

Initiative petition onto ballot

Section 4 of Article XI of the Florida Constitution grants the people the right to put a question on the ballot as to whether a convention shall be called. The question asked is, "Shall a constitutional convention be held?" (In order to put that question on the ballot, more signatures need to be collected than are required to qualify a standard initiated constitutional amendment for the ballot.) Florida is the only state that explicitly states that people can collect signatures to qualify a constitutional convention question for the ballot.

Section 2 of Article XIV of the Montana Constitution allows the people to place a question on the ballot, calling for a constitutional convention. This process follows the state's ordinary procedures for ballot initiatives.

Section 1 of Article III of the North Dakota Constitution explicitly says that the initiative petition process can be 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 2 of Article XXIII of the South Dakota Constitution says that conventions can be "initiated and submitted to the voters in the same manner as an amendment" by collecting signatures on petitions and putting the question about whether to have a convention to a vote of the state's electors. (The state legislature in South Dakota can also call a convention.)

States that don't provide for conventions

Eight states—Arkansas, Indiana, Massachusetts, Mississippi, New Jersey, Pennsylvania, Texas, and Vermont—do not provide for constitutional conventions.^[25]

Pennsylvania: The Pennsylvania Constitution does not lay out the rules for how a constitutional convention can be called but, nevertheless, the state has held five such conventions, most recently in 1968 when the current constitution was adopted.^[26] The state legislature appears to take as a matter of tradition, rather than explicit constitutional direction, that it can vote to put a constitutional convention question on the ballot. For example, Ann Livak writes in "Pennsylvania's Constitutions and the Amendment Process - Where it Began, Where it is Now" that "...in 1961, the Committee for State Constitutional Revision led by Milton J. Shapp got underway and in 1963 forced the legislature to call for a referendum on a constitutional convention....The 1967 legislature gave priority to constitutional revision and passed a convention enabling bill..."^[26]

Vermont: Although the Vermont Constitution doesn't provide for constitutional conventions, in 1969, the Vermont State Legislature referred an advisory measure to the ballot, asking "Shall a Vermont Constitutional Convention be convened at the state house in Montpelier on October 6, 1969, to consider the following topics which shall receive a majority of the votes cast upon it in this election, and no others?" (The state's voters said "no" to this advisory question.)^[27] In 1941, there was an unsuccessful attempt to allow the Vermont General Assembly to call a constitutional convention by a two/thirds vote.^[28]

Convention aftermath

Once a constitutional convention has been held, the results will typically be put to the electorate for consideration. Voters may be asked to approve a single new or revised constitution, such as what happened in Arkansas in 1970. Voters may be asked to approve a set of constitutional amendments, such as happened in Ohio in 1912. Voters may also be asked to vote on related issues.

Other types of ballot measures

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