Other Issues

Constitutional Conventions

Voters in Iowa, Maryland, and Michigan will see a question on the ballot asking whether the state should hold a Constitutional Convention. Twelve states have constitutional provisions that require a periodic ballot question asking voters whether or not a constitutional convention – in which broad, sweeping constitutional changes can be made- should be held. Such conventions can be massive undertakings, often requiring special elections for delegates, careful and protracted deliberation on constitutional changes, and another election in which voters must approve the suggested changes. Most other states require a legislative referenda before a constitutional convention question can be put to voters.

Other States to Watch:

In California: With the state’s budget in chaos, Governor Schwarzenegger and others are looking to overhaul the way California deals with budget and taxation issues. A constitutional convention has been proposed as a mechanism by which Californians could put propositions for reform before the voters.

• In California, the legislature must approve a call for a constitutional convention by a 2/3 majority. The Governor would have the opportunity to veto this legislation, but Governor Schwarzenegger supports holding a constitutional convention. The question would have to be on the ballot during a general election.
• Additionally, four ballot initiatives have been filed to allow citizens to place a constitutional convention on the ballot by initiative petition and subsequently call a constitutional convention.

In New York: Initially, the discussion over a constitutional convention began when David Patterson ascended to the position of Governor with no clear means to select a new Lieutenant Governor. Despite the resolution of this issue, conservatives in the state legislature are still pushing to place a convention question on the ballot in hopes of putting their legislative priorities to voters in the form of constitutional amendments. 

• In New York, the legislature can place a constitutional convention question on the ballot with a simple majority. The Governor would have the opportunity to veto this legislation, but Governor Patterson has indicated that he would support a constitutional convention. The question could be on the ballot during a general or special election.