The qualifications of delegates shall be the same as the highest qualifications required for election to the legislature. The legislature shall determine whether the delegates may be nominated on a partisan or a nonpartisan basis. They shall be elected at the same places and in the same districts as are the members of the legislative body determining the number of delegates.
Section 5 of Article XIV says:. The legislature shall, in the act calling the convention, designate the day, hour, and place of its meeting, and fix and provide for the pay of its members and officers and the necessary expenses of the convention. Section 6 of Article XIV says:. Before proceeding, the delegates shall take the oath provided in this constitution. Vacancies occurring shall be filled in the manner provided for filling vacancies in the legislature if not otherwise provided by law.
The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.
The state's constitution gives some guidance on how such a convention would be called and governed, in Section 2 of Article XVI :.
The convention shall consist of not more than one hundred members, the exact number to be determined by the Legislature, and to be nominated and elected from districts in the manner to be prescribed by the Legislature.
Such members shall meet within three months after their election, for the purpose aforesaid Section 2 of Article 16 governs constitutional conventions. However, the Nevada Constitution doesn't have a lot to say about how such a convention would be managed, specifying only two details, a a time frame within which the convention must begin and b that the number of delegates to the convention can't be less than the number of members of both chambers of the Nevada State Legislature :.
Article says that a constitutional convention question can go on the ballot in two different ways:. If a majority of the qualified voters voting on the question of holding a convention approves it, delegates shall be chosen at the next regular general election, or at such earlier time as the legislature may provide, in the same manner and proportion as the representatives to the general court are chosen.
The delegates so chosen shall convene at such time as the legislature may direct and may recess from time to time and make such rules for the conduct of their convention as they may determine. New Jersey is one of six states that has no provision for a constitutional convention. The New Mexico State Legislature can put a constitutional convention question on the statewide ballot by a two-thirds vote of the members elected to each house. With respect to procedures, Section 2 of Article XIX speaks only to the issue of how many delegates such a convention must have; namely, "at least as many Such convention shall consist of at least as many delegates as there are members of the house of representatives According to Section 2 of Article XIX , a question as to whether there shall be a convention is to appear on New York 's statewide ballot every 20 years beginning in The New York State Legislature can also refer a question to the ballot about whether to hold a convention.
The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing. Section 2 of Article XIX also specifies a number of other details as to how a convention would be handled:. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed.
Every delegate shall receive for his or her services the same compensation as shall then be annually payable to the members of the assembly and be reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be entitled thereto in the case of a session of the legislature. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept.
The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal, proceedings and other expenses of said convention. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs.
If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention.
Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. Section 1 is explicit about a procedure for limiting the topics that can be addressed in a convention, if one is called.
It also specifies the number of delegates to the convention, and the manner of apportioning them. If a majority of the votes cast upon the proposition are in favor of a Convention, it shall assemble on the day prescribed by the General Assembly.
The General Assembly shall, in the act submitting the convention proposition, propose limitations upon the authority of the Convention; and if a majority of the votes cast upon the proposition are in favor of a Convention, those limitations shall become binding upon the Convention. Delegates to the Convention shall be elected by the qualified voters at the time and in the manner prescribed in the act of submission.
The Convention shall consist of a number of delegates equal to the membership of the House of Representatives of the General Assembly that submits the convention proposition and the delegates shall be apportioned as is the House of Representatives. A Convention shall adopt no ordinance not necessary to the purpose for which the Convention has been called. Section 1 of Article III explicitly says that the state's initiative petition process can be used to call a constitutional convention.
It is unusual for a constitution to explicitly address this issue. The North Dakota Constitution provides no mechanism under which the state legislature can initiate a call for a convention. Section 1 of Article III gives no detail at all about how a convention would be called or governed, except to note:. This article is self-executing and all of its provisions are mandatory. Laws may be enacted to facilitate and safeguard, but not to hamper, restrict, or impair these powers.
Ohio can call a constitutional convention in two different ways:. Candidates for members of the constitutional convention shall be nominated by nominating petitions only and shall be voted for upon one independent and separate ballot without any emblem or party designation whatever.
The convention shall consist of as many members as the House of Representatives, who shall be chosen as provided by law, and shall meet within three months after their election, for the purpose, aforesaid. Section 2 of Article XXIV says that constitutional conventions can only be held if approved by a statewide vote.
Section 2 also says a question about whether to hold a convention shall automatically appear on the state's ballot every 20 years. The section does not specify any way other than the everyyears automatic referral, but is worded in such a way as to suggest that there could be other ways for a constitutional convention question to go on the ballot. Other ways could include the state legislature voting to put it there or citizens petitioning to put such a question on the ballot.
Section 1 of Article XVIII addresses how a constitutional convention can be held but only in the negative by saying "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.
Can the state legislature vote to put it on the ballot? Regarding constitutional conventions , 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.
Shapp got underway and in forced the legislature to call for a referendum on a constitutional convention The legislature gave priority to constitutional revision and passed a convention enabling bill as well as the amendments awaiting second passage.
Section 2 of Article 14 is about constitutional conventions :. 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.
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.
If a majority of the electors voting at such election on said question shall vote to hold a convention, the general assembly at its next session shall provide by law for the election of delegates to such convention. The number of delegates shall be equal to the number of members of the house of representatives and shall be apportioned in the same manner as the members of the house of representatives. No revision or amendment of this constitution agreed upon by such convention shall take effect until the same has been submitted to the electors and approved by a majority of those voting thereon.
Two-thirds of the members elected to each branch of the General Assembly must vote in favor of putting a question about whether to hold a convention on a statewide ballot. A simple majority vote of the state's electors is sufficient to bring about a convention. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention to revise, amend or change this Constitution, they shall recommend to the electors to vote for or against a Convention at the next election for Representatives; and if a majority of all the electors voting at said election shall have voted for a Convention, the General Assembly shall, at its next session, provide by law for calling the same; and such Convention shall consist of a number of members equal to that of the most numerous branch of the General Assembly.
There are two ways a convention can happen:. A convention to revise this Constitution may be called by a three-fourths vote of all the members of each house. The calling of a constitutional convention may be initiated and submitted to the voters in the same manner as an amendment. If a majority of the voters voting thereon approve the calling of a convention, the Legislature shall provide for the holding thereof.
Members of a convention shall be elected on a nonpolitical ballot in the same districts and in the same number as the house of representatives. Proposed amendments or revisions approved by a majority of all the members of the convention shall be submitted to the electorate at a special election in a manner to be determined by the convention. As established in Section 3 of Article XI , via constitutional convention. No change in, or amendment to, this Constitution proposed by such convention shall become effective, unless within the limitations of the call of the convention, and unless approved and ratified by a majority of the qualified voters voting separately on such change or amendment at an election to be held in such manner and on such date as may be fixed by the convention The Texas Constitution is one of six state constitutions that do not explicitly make provisions for holding any state constitutional conventions.
To have a constitutional convention in Utah :. If a convention is held and amendments are proposed by the convention, Section 3 of Article XXIII requires a vote of at least a "majority of the electors of the State voting at the next general election. Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention, and, if a majority of all the electors, voting at such election, shall vote for a convention, the Legislature, at its next session, shall provide by law for calling the same.
The convention shall consist of not less than the number of members in both branches of the Legislature. The Vermont Constitution , like that of several other states , does not provide for constitutional conventions. Perhaps as a result, Vermont's current constitution is one of the oldest in the country, having been adopted in The Massachusetts Constitution is the only older constitution.
In , 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, to consider the following topics which shall receive a majority of the votes cast upon it in this election, and no others? A convention can happen if the state's legislature "by a vote of two-thirds of the members elected to each house" calls a convention.
The General Assembly may, by a vote of two-thirds of the members elected to each house, call a convention to propose a general revision of, or specific amendments to, this Constitution, as the General Assembly in its call may stipulate. The General Assembly shall provide by law for the election of delegates to such a convention, and shall also provide for the submission, in such manner as it shall prescribe and not sooner than ninety days after final adjournment of the convention, of the proposals of the convention to the voters qualified to vote in elections by the people.
If a majority of those voting vote in favor of any proposal, it shall become effective on the date prescribed by the General Assembly in providing for the submission of the convention proposals to the voters. Whenever two-thirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote at the next general election, for or against a convention, and if a majority of all the electors voting at said election shall have voted for a convention, the legislature shall at the next session, provide by law for calling the same; and such convention shall consist of a number of members, not less than that of the most numerous branch of the legislature.
And such convention shall not be held unless a majority of the votes cast at such polls be in favor of calling the same; nor shall the members be elected to such convention, until, at least, one month after the result of the vote shall be duly ascertained, declared and published.
And all acts and ordinances of the said convention shall be submitted to the voters of the State for ratification or rejection, and shall have no validity whatever until they are ratified. If at any time a majority of the senate and assembly shall deem it necessary to call a convention to revise or change this constitution, they shall recommend to the electors to vote for or against a convention at the next election for members of the legislature.
And if it shall appear that a majority of the electors voting thereon have voted for a convention, the legislature shall, at its next session, provide for calling such convention.
Whenever two-thirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this constitution, they shall recommend to the electors to vote at the next general election for or against a convention, and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall at the next session provide by law for calling the same; and such convention shall consist of a number of members, not less than double that of the most numerous branch of the legislature.
Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Click here to contact our editorial staff, and click here to report an error.
Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. See also: Amending state constitutions and Constitutional convention Alabama See also: Article XVIII, Alabama Constitution If both chambers of the Alabama State Legislature agree by a simple majority vote, then a ballot question about whether to have a statewide constitutional convention can be placed on the ballot; if that question is approved by a majority of those voting in that election, then a constitutional convention will be called.
Alaska See also: Article XIII, Alaska Constitution Article 13 says that an automatic ballot referral to ask the voters of the state whether they wish to convene a statewide constitutional convention must be placed on the statewide ballot every ten years.
Section 3 of Article XIII , with regard to how a convention would be governed, says in relevant part The lieutenant governor shall issue the call for the convention. Unless other provisions have been made by law, the call shall conform as nearly as possible to the act calling the Alaska Constitutional Convention of , including, but not limited to, number of members, districts, election and certification of delegates, and submission and ratification of revisions and ordinances.
The appropriation provisions of the call shall be self-executing and shall constitute a first claim on the state treasury. Arizona Main article: Article 21, Arizona Constitution A constitutional convention may be called by a statewide vote of the people. No Convention shall be called by the Legislature to propose alterations, revisions, or amendments to this Constitution, or to propose a new Constitution, unless laws providing for such Convention shall first be approved by the people on a Referendum vote at a regular or special election, and any amendments, alterations, revisions, or new Constitution proposed by such Convention shall be submitted to the electors of the State at a general or special election and be approved by the majority of the electors voting thereon before the same shall become effective.
Arkansas Main article: Section 22, Article 19, Arkansas Constitution The Arkansas Constitution is one of a handful of state constitutions with no mechanism for calling a convention.
California See also: Section 2 of Article XVIII If two-thirds of the members of each chamber of the state legislature agree, a question as to whether to call a convention or revise the constitution goes on the state's next general election ballot.
Section 2 of Article XVIII provides several specifics about the procedure that must be used: The legislature must "provide for the convention" within six months of the time that voters approve holding a convention. Delegates to the convention are to be elected on a district-by-district basis. Although it was approved, its passage did not result in a convention being held. The Hawaii 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 The approval of the question led to the state of Rhode Island holding a constitutional convention in Scheduled automatic ballot referrals for constitutional convention questions include Alaska , Missouri , New Hampshire , Rhode Island , Michigan , Connecticut , Hawaii , Illinois , Iowa , Maryland , Montana , Alaska , New Hampshire , and Ohio United States Constitution.
Virgin Islands. Category : Types of ballot measures. Voter information What's on my ballot? Where do I vote? How do I register to vote? How do I request a ballot? When do I vote? When are polls open? Who Represents Me? Congress special elections Governors State executives State legislatures Ballot measures State judges Municipal officials School boards. How do I update a page? However, for more than years it had been "lost to history," a United States Constitutional legend.
In late , the unthinkable happened. Researcher Lorianne Updike Toler discovered the missing copy amongst Wilson's papers in the vault of the Pennsylvania Historical Society.
It had never been lost, just misplaced. On September 17, for one day only , this rare copy of Wilson's four page draft was put on display in Philadelphia in honor of the th anniversary of the adoption of the U.
However, because of the Documents' sensitivity to light and temperature, they remain under lock and key in the vault, only to emerge under special occasions.
Call to order: or order pocket constitution books online. All rights reserved. Oak Hill Publishing Company. Box , Naperville, IL For questions or comments about this site please email us at info constitutionfacts. Constitution I. Which Founding Father Are You? Constitution Day Pocket Constitution Books. Gouverneur Morris, the delegate from Pennsylvania with a name hard to forget, is credit with writing the Preamble: "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
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