How Does A State Constitutional Amendment Work

A constitutional amendment is a change to the written rules of a constitution, and in nearly every state it takes effect only after voters approve it.

Every state has its own constitution, separate from the U.S. Constitution. A state constitution sets up how the state government works, lists the rights of residents and often spells out rules on taxes, schools and elections. Because it sits above ordinary state laws, a constitutional amendment is harder to pass than a regular bill. That is by design. Lawmakers can change a regular law in a single session, but a change to the constitution is meant to be slower and to carry the backing of voters.

There are two main ways an amendment gets onto the ballot. The first runs through the legislature. Most states require lawmakers to pass the proposal by a supermajority, which is a vote larger than a simple majority, such as three fifths or two thirds of each chamber. Some states, including Virginia, add another step. The legislature has to pass the same amendment in two separate sessions with an election in between, so voters get a say in who is making the decision. The governor usually has no role, which means a governor cannot veto an amendment that lawmakers send to voters.

The second way is a citizen petition, which a limited number of states allow. Organizers write the amendment, collect signatures from registered voters, and if enough signatures are verified the measure goes on the ballot without any vote by the legislature.

Once an amendment is on the ballot, voters decide. Most states set the bar at a simple majority, but some require more. Florida, for example, requires at least 60 percent of the votes cast on an amendment for it to pass. After the election, the results are unofficial until election officials certify them, and the amendment takes effect on the date written into it or when the results are certified. This year, North Carolina’s voter approved amendments are set to take effect once the State Board of Elections certifies the results, which was scheduled for Nov. 24, the Carolina Journal reported.

An amendment can still be challenged in court. A state constitution cannot override the U.S. Constitution or federal law, so a court can strike down part of an amendment that conflicts with them.

Changing the U.S. Constitution works differently and is much harder. An amendment needs a two thirds vote in both the House and the Senate, or a convention called by two thirds of the states, and then approval by three fourths of the states, which means 38 of 50. That is why the federal Constitution has only 27 amendments.

A recent example shows how these changes reach everyday life. On Tuesday, Virginia voters approved an amendment that restores voting rights automatically to people after they leave prison, which changes who can vote without waiting for a governor’s decision. In North Carolina, voters approved an amendment lowering the cap on the state income tax rate from 7 percent to 3.5 percent, which limits what future legislatures can charge, the Carolina Journal reported. A constitutional amendment can reach your paycheck, your ballot and your rights, and it can be undone only by going back to voters or the courts.

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Dee Dee Henderson

Dee Dee Henderson is a Poli Alert journalist covering national politics, elections and the policies that hit closest to home for Black communities, from voting rights and the economy to the courts. She reports the facts first and isn't afraid to say what they mean, and her commentary pieces are clearly labeled as opinion. Her midterm coverage breaks down deadlines, ballot measures and the races that will decide who holds power in Washington.

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