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Publication requirements for proposed state constitutional amendments
A publication requirement for constitutional amendments refers to a legal obligation to publicly disseminate information about proposed constitutional amendments. Thirty-two (32) state constitutions include a publication requirement requiring that the public be notified about proposed constitutional amendments.
When there is a constitutionally mandated publication requirement, it can be found in the section of a state's constitution about how the state's constitution may be amended. Publication requirements vary from state to state. In states where there is no explicit constitutional mandate to provide public notice about a proposed constitutional amendment, there may be statutory publication requirements.
- 32 state constitutions have a publication requirement for proposed constitutional amendments.
- In 13 of these states, the publication requirement does not explicitly state that a publication must be made in a newspaper.
- In 19 of these states, the requirement specifically states that a publication must be made in a newspaper, though, the length of time of the publication varies by state.
- 18 states have no constitutionally mandated publication requirement, including one state (Delaware) that does not hold public elections on proposed constitutional amendments.
- In six states (out of 13) with a two-session process for legislatively referred constitutional amendments, there are publication requirements between approval in the first legislative session and the second legislative session. Those states are:
- Iowa
- Nevada
- New York
- Pennsylvania
- Tennessee
- Wisconsin
Requirements by state
The map below highlights which states have publication requirements for constitutional amendments.
See also
- Initiated constitutional amendments
- Legislatively-referred constitutional amendments
- Amending state constitutions
- Changes in 2025 to laws governing ballot measures
- Changes in 2024 to laws governing ballot measures
Footnotes
- ↑ Fox 13 Now, "Judge rules Amendment D is 'void' but will remain on the ballot," accessed September 12, 2024
- ↑ 2.0 2.1 2.2 Des Moines Register, "Iowa gun rights amendment is back to square one after 'bureaucratic oversight'," January 14, 2019
- ↑ WGEM, "Official’s ‘oversight’ derails key Iowa gun rights amendment," January 14, 2019
- ↑ WGEM, "Official’s ‘oversight’ derails key Iowa gun rights amendment," January 14, 2019
- ↑ WeAreIowa.com, "Sec. Pate admits error regarding pro-gun amendment," January 14, 2019
- ↑ Bleeding Heartland, "Paul Pate's error sends pro-gun amendment "back to square one," January 13, 2019
- ↑ Pennsylvania Secretary of State, "Department Of State Apologizes For Its Failure To Properly Advertise Proposed Constitutional Amendment, HB 963," February 1, 2021
- ↑ The Philadelphia Inquirer, "A Pa. Dept. of State error means some sex-abuse victims will again have to wait for justice," February 1, 2021