Each U.S. state has its own rules and procedures that govern how its constitution can be amended.
The ways a state constitution can be amended or revised are:
State constitutions can also be changed through judicial action.
This can happen when:
The Maryland State Constitutions Project reported in 2000 that "there have been almost 150 state constitutions, they have been amended roughly 12,000 times, and the text of the constitutions and their amendments comprises about 15,000 pages of text."
From 2006 through 2014, 683 constitutional amendments were proposed and put before voters, and 482 amendments were approved.
Eighteen states allow voters the right to amend their constitution through the ballot initiative process.
These states are Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon and South Dakota.
As a practical matter, it is considered nearly impossible to meet the ballot qualification standards in Illinois, Massachusetts, Mississippi and Oklahoma.
In recent years, additional hurdles have also been enacted in Florida, Montana and Nebraska.
The Missouri Constitution can be amended via three different paths:
Legislatively-referred constitutional amendments
Either chamber of the Missouri General Assembly is allowed to propose an amendment. A majority of members of both chambers must approve it; if they do, the proposed amendment goes on a statewide ballot for a popular vote of the people.
At the election, if a simple majority approves it, it becomes part of the constitution.
Initiated constitutional amendments
These are discussed in Sections 49, 50, 51 and 53 of Article III.
The number of signatures required for an initiated constitutional amendment to go on the Missouri ballot is based on how many electors voted for governor in the most recent gubernatorial election, with a very complicated distribution requirement superimposed on the basic requirement. See Missouri signature requirements for more information.
A constitutional convention, as established in Section 3a of Article XII
A question about whether to hold a constitutional convention must automatically appear on the state's ballot every 20 years.
The first of these automatic referrals under the Constitution of 1945 was in 1962, 1982 and 2002.[7]
The next convention question will be in 2022.
In 1942, under an older version of the Missouri Constitution, voters were asked about having a constitutional convention and said "Yes." It was that convention that led to the Missouri Constitution of 1945, the state's current constitution.
Votes on any proposed amendments to the state's constitution can take place at a general election or a special election.
A unique feature of Missouri's law governing constitutional amendments is found in a provision in Section 2(b) of Article XII, which states that proposed amendments should be published if possible "in two newspapers of different political faith in each county."
Article XIV of the Illinois Constitution lays out four different routes that can be taken in order to change the constitution over time:
A constitutional convention can be held if 60 percent of the members of both houses of the Illinois General Assembly vote to place a constitutional convention question on the ballot and voters approve it.
Every 20 years, the question of whether to hold a convention is automatically referred to a statewide ballot.
A legislatively referred constitutional amendment can be proposed if 60 percent of the members of both houses of the Illinois General Assembly vote to put it on the ballot, with some constraints which include:
The legislature can only propose to amend up to three articles of the constitution in any one election.
The legislature is not allowed to propose any amendments when a constitutional convention has been called up through the time that an election is held on any proposed amendments or revisions that arise from that convention.
An initiated constitutional amendment can be proposed but only under certain conditions, which include the following:
An initiated constitutional amendment can only apply to "structural and procedural subjects" contained in Article IV of the Illinois Constitution.
Signatures equal to 8 percent of the total votes cast for governor in the most recent gubernatorial election must be collected.
Any statewide ballot question concerning a constitutional convention, ratifying an amendment proposed by the Illinois General Assembly or adopting an initiated constitutional amendment must be approved by a supermajority vote of 60 percent of those voting on the question or a majority vote of those who cast a ballot for any office in the election.
Article X of the Iowa Constitution governs the ways in which the state's constitution can be changed over time.
Article X allows:
Legislatively-referred constitutional amendments. For the Iowa General Assembly to place a proposed amendment on the ballot, the following conditions must occur:
Amendments can be proposed in either chamber.
To put a proposal before voters, two successive general assemblies must vote to put the proposed amendment on a statewide ballot by majority votes.
Once an amendment is on the ballot, it must be approved by "a majority of the electors qualified to vote for members of the general assembly, voting thereon" in order to become part of the constitution.
Constitutional conventions, under these conditions:
Starting in 1970, a question asking whether or not to hold a constitutional convention must automatically appear on the ballot every 10 years.
The Iowa General Assembly can also vote to put a constitutional convention question on a statewide ballot at other times.
If either the assembly-referred question or the automatic question are approved, a constitutional convention must be held.
Any changes to the constitution proposed by the convention must be ratified by a majority vote of the electors at a statewide election.
Missouri
The following ballot measures have been certified for the November 8, 2016 general election.
Constitutional Amendment 1
Official Ballot Title:
Shall Missouri continue for 10 years the one-tenth of one percent sales/use tax that is used for soil and water conservation and for state parks and historic sites, and resubmit this tax to the voters for approval in 10 years?
The measure continues and does not increase the existing sales and use tax of one-tenth of one percent for 10 years. The measure would continue to generate approximately $90 million annually for soil and water conservation and operation of the state park system.
Fair Ballot Language:
A “yes” vote will continue for 10 years the one-tenth of one percent sales/use tax that is used for soil and water conservation and for state parks and historic sites. This will be resubmitted to the voters for approval in 10 years.
A “no” vote will not continue this sales/use tax.
If passed, this measure will not increase or decrease taxes.
Constitutional Amendment 2
Official Ballot Title:
Shall the Missouri Constitution be amended to establish limits on campaign contributions by individuals or entities to political parties, political committees, or committees to elect candidates for state or judicial office; prohibit individuals and entities from intentionally concealing the source of such contributions; require corporations or labor organizations to meet certain requirements in order to make such contributions; and provide a complaint process and penalties for any violations of this amendment?
It is estimated this proposal will increase state government costs by at least $118,000 annually and have an unknown change in costs for local governmental entities. Any potential impact to revenues for state and local governmental entities is unknown.
Fair Ballot Language:
A “yes” vote will amend the Missouri Constitution to establish limits on campaign contributions by individuals or entities to political parties, political committees, or committees to elect candidates for state or judicial office. This amendment prohibits individuals and entities from intentionally concealing the source of such contributions. This amendment also requires corporations or labor organizations to meet certain requirements in order to make such contributions. This amendment further provides a complaint process and penalties for any violations of this amendment.
A “no” vote will not amend the Missouri Constitution to establish limits on campaign contributions.
If passed, this measure will have no impact on taxes.
Constitutional Amendment 3
Official Ballot Title:
Shall the Missouri Constitution be amended to increase taxes on cigarettes each year through 2020, at which point this additional tax will total 60 cents per pack of 20; create a fee paid by cigarette wholesalers of 67 cents per pack of 20 on certain cigarettes, which fee shall increase annually; and deposit funds generated by these taxes and fees into a newly established Early Childhood Health and Education Trust Fund?
When cigarette tax increases are fully implemented, estimated additional revenue to state government is $263 million to $374 million annually, with limited estimated implementation costs. The revenue will fund only programs and services allowed by the proposal. The fiscal impact to local governmental entities is unknown.
Fair Ballot Language:
A “yes” vote will amend the Missouri Constitution to increase taxes on cigarettes each year through 2020, at which point this additional tax will total 60 cents per pack of 20. This amendment also creates a fee paid by cigarette wholesalers of 67 cents per pack of 20 on certain cigarettes. This amendment further provides that the funds generated by these taxes and fees shall be deposited into a newly established Early Childhood Health and Education Trust Fund.
A “no” vote will not amend the Missouri Constitution relating to taxes and fees on cigarettes.
If passed, this measure will increase taxes on cigarettes.
Constitutional Amendment 4
Official Ballot Title:
Shall the Missouri Constitution be amended to prohibit a new state or local sales/use or other similar tax on any service or transaction that was not subject to a sales/use or similar tax as of January 1, 2015?
Potential costs to state and local governmental entities are unknown, but could be significant. The proposal’s passage would impact governmental entity’s ability to revise their tax structures. State and local governments expect no savings from this proposal.
Fair Ballot Language:
A “yes” vote will amend the Missouri Constitution to prohibit a new state or local sales/use or other similar tax on any service or transaction. This amendment only applies to any service or transaction that was not subject to a sales/use or similar tax as of January 1, 2015.
A “no” vote will not amend the Missouri Constitution to prohibit such state or local sales/use or other similar tax.
If passed, this measure will not increase or decrease taxes.
Constitutional Amendment 6
Official Ballot Title:
Shall the Constitution of Missouri be amended to state that voters may be required by law, which may be subject to exception, to verify one’s identity, citizenship, and residence by presenting identification that may include valid government-issued photo identification?
The proposed amendment will result in no costs or savings because any potential costs would be due to the enactment of a general law allowed by this proposal. If such a general law is enacted, the potential costs to state and local governments is unknown, but could exceed $2.1 million annually.
Fair Ballot Language:
A “yes” vote will amend the Missouri Constitution to state that voters may be required by law to verify their identity, citizenship, and residence by presenting identification that may include valid government-issued photo identification. Exceptions to this identification requirement may also be provided by law.
A “no” vote will not amend the Missouri Constitution regarding elections.
If passed, this measure will have no impact on taxes.
Illinois
Illinois Transportation Taxes and Fees Lockbox Amendment
Official Ballot Title:
The proposed amendment adds a new section to the Revenue Article of the Illinois Constitution. The proposed amendment provides that no moneys derived from taxes, fees, excises, or license taxes, relating to registration, titles, operation, or use of vehicles or public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports, or motor fuels, including bond proceeds, shall be expended for other than costs of administering laws related to vehicles and transportation, costs for
construction, reconstruction, maintenance, repair, and betterment of public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation, and other statutory highway purposes, including the State or local share to match federal aid highway funds. You are asked to decide whether the proposed amendment should become part of the Illinois Constitution.
Fair Ballot Language:
A "yes" vote supports this amendment blocking lawmakers from using transportation funds for anything other than their stated purpose.
A "no" vote opposes this amendment blocking lawmakers from using transportation funds for anything other than their stated purpose.
If passed, this measure will have no impact on taxes.
Iowa
There are no constitutional amendments on the Nov 8th General Election ballot for Iowa.