When is it possible for a constitutional convention to occur

A constitutional convention can be called in Kentucky if:. The Kentucky Constitution also provides some rules for how to go about setting up and managing that convention, to wit:. Partial text of Section Constitutional Convention -- How proposed, voted upon, and called.

If it shall appear that a majority voting on the proposition was for calling a Convention The Convention shall consist of as many delegates as there are members of the House of Representatives; and the delegates shall have the same qualifications and be elected from the same districts as said Representatives. Delegates to such Convention shall be elected at the next general State election after the passage of the act calling the Convention, which does not occur within less than ninety days; and they shall meet within ninety days after their election at the Capital of the State, and continue in session until their work is completed.

Text of Section Certification of election and compensation of delegates. The General Assembly, in the act calling the Convention, shall provide for comparing the polls and giving certificates of election to the delegates elected, and provide for their compensation.

Text of Section Determination of election and qualifications of delegates -- Contests. The Convention, when assembled, shall be the judge of the election and qualification of its members, and shall determine contested elections. But the General Assembly shall, in the act calling the Convention, provide for taking testimony in such cases, and for issuing a writ of election in case of a tie. Two-thirds of the members of both houses of the Louisiana State Legislature can call for a constitutional convention , and the state legislature can also directly call a convention without having to submit the question of whether or not to hold one to the state's voters.

However, the Louisiana Constitution says nothing about how to go about calling a convention, or how to govern one that is called. However, the constitution says nothing about how to go about calling a convention, or how to govern one that is called.

Section 2 of Article 14 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 twenty years starting in The Maryland Constitution also provides some guidance about organizational details of any such convention that might be called:.

Each County, and Legislative District of the City of Baltimore, shall have in such Convention a number of Delegates equal to its representation in both Houses at the time at which the Convention is called Section 3 of Article XII says that a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every sixteen years. If a majority of the electors voting on the question decide in favor of a convention for such purpose The delegates so elected shall convene at the seat of government on the first Tuesday in October next succeeding such election or at an earlier date if provided by law.

The convention shall choose its own officers, determine the rules of its proceedings and judge the qualifications, elections and returns of its members. To fill a vacancy in the office of any delegate, the governor shall appoint a qualified resident of the same district who shall be a member of the same party as the delegate vacating the office. The convention shall have power to appoint such officers, employees and assistants as it deems necessary and to fix their compensation; to provide for the printing and distribution of its documents, journals and proceedings; to explain and disseminate information about the proposed constitution and to complete the business of the convention in an orderly manner.

Each delegate shall receive for his services compensation provided by law. Section 3 of Article IX lays out the procedures for holding a convention. If a majority of all the electors voting at the election vote for a convention, the legislature at its next session, shall provide by law for calling the convention. The convention shall consist of as many delegates as there are members of the house of representatives. Delegates shall be chosen in the same manner as members of the house of representatives and shall meet within three months after their election.

Mississippi's Constitution includes no provisions for holding a constitutional convention. Section 3a of Article XII says that a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every twenty years. Section 3a also includes a fairly detailed scenario for how delegates to the convention are to be selected:. At the election the electors of the state shall elect fifteen delegates-at-large and the electors of each state senatorial district shall elect two delegates.

Each delegate shall possess the qualifications of a senator; and no person holding any other office of trust or profit officers of the organized militia, school directors, justices of the peace and notaries public excepted shall be eligible to be elected a delegate. To secure representation from different political parties in each senatorial district, in the manner prescribed by its senatorial district committee each political party shall nominate but one candidate for delegate from each senatorial district, the certificate of nomination shall be filed in the office of the secretary of state at least thirty days before the election, each candidate shall be voted for on a separate ballot bearing the party designation, each elector shall vote for but one of the candidates, and the two candidates receiving the highest number of votes in each senatorial district shall be elected.

Candidates for delegates-at-large shall be nominated by nominating petitions only, which shall be signed by electors of the state equal to five percent of the legal voters in the senatorial district in which the candidate resides until otherwise provided by law, and shall be verified as provided by law for initiative petitions, and filed in the office of the secretary of state at least thirty days before the election.

All such candidates shall be voted for on a separate ballot without party designation, and the fifteen receiving the highest number of votes shall be elected. Not less than fifteen days before the election, the secretary of state shall certify to the county clerk of the county the name of each person nominated for the office of delegate from the senatorial district in which the county, or any part of it, is included, and the names of all persons nominated for delegates-at-large.

Section 3b includes even more detail:. The delegates so elected shall be convened at the seat of government by proclamation of the governor within six months after their election. The facilities of the legislative chambers and legislative quarters shall be made available for the convention and the delegates.

Upon convening all delegates shall take an oath or affirmation to support the Constitution of the United States and of the state of Missouri, and to discharge faithfully their duties as delegates to the convention, and shall receive for their services the sum of ten dollars per diem and mileage as provided by law for members of the general assembly. A majority of the delegates shall constitute a quorum for the transaction of business, and no constitution or amendment to this constitution shall be submitted to the electors for approval or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal.

The convention may appoint such officers, employees and assistants as it may deem necessary, fix their compensation, provide for the printing of its documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred. The sessions of the convention shall be held with open doors, and it shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its delegates.

In case of a vacancy by death, resignation or other cause, the vacancy shall be filled by the governor by the appointment of another delegate of the political party of the delegate causing the vacancy. Montana offers three different paths to having a constitutional convention. They are:. The Montana Constitution also pays a fair amount of attention to how such a convention would be called and governed. Section 4 of Article XIV says:. If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling thereof at its next session.

The number of delegates to the convention shall be the same as that of the larger body of the legislature. 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.

To ensure a balance of power, the framers included Article V of the Constitution, which outlines mechanisms for future constitutional amendments. Under Article V, Congress has the authority to propose Constitutional amendments. Any amendment proposed must pass through each chamber of Congress by a two-thirds majority and then be ratified by three-fourths or 38 of the 50 states. Alternatively, Article V allows the states to call a Constitutional Convention if two-thirds or 34 of 50 states submit a resolution proposing an amendment on one or many topics or just a general call for convention without proposing a specific topic.

Amendments proposed during a Constitutional Convention must also be ratified by three-fourths of the states. Since the first Constitutional Convention, Congress has proposed 33 constitutional amendments and 27 have been ratified. There has never been a Constitutional Convention called by the states. However, many states have made efforts to call a convention.

Estimates show state legislatures have passed hundreds of resolutions calling for an Article V Constitutional Convention in the last years. Today, 42 states have at least one Article V resolution pending. Nationally, several efforts are underway to call a Constitutional Convention.

Interest in a convention spans the political spectrum with support and opposition coming from both Democrats and Republicans. The most famous copies of this early draft are the ones annotated by President George Washington. This draft of the Constitution displays Washington's handwritten notes in pencil, recording the Convention's handling of each proposed clause. Once this phase of the Convention had ended, on September 10, a Committee of Style was appointed to "polish up the document.

Gouverneur Morris, the delegate from Pennsylvania with a name hard to forget, is credit with writing the Preamble:. 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.

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