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Supermajority Vote Requirements
Generally, the requirement for passage of a statewide ballot measure is a simple majority vote. However, there are several states that have special requirements. Those are detailed in the following chart.
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Passage Requirement
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Applies to
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Florida
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Any constitutional amendment, whether initiated or referred by the Legislature, must be approved by at least 60% of those voting on the measure. Any proposed constitutional amendment imposing a new state tax or fee must be approved by 2/3 of those the voters in the state voting in the election in which such an amendment is considered.
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Constitutional amendments
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Illinois
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Passage by 3/5 of those voting on the measure, or a majority of those voting in the election
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Constitutional amendments
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Massachusetts
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Passage by majority vote, provided that the total number of votes cast on the initiative equals at least 30% of the total votes cast in the election (e.g., if 100 people vote in the election, at least 30 of them must cast votes for or against an initiative or the initiative fails).
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Statutory initiatives and constitutional amendments
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Mississippi
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Majority vote, provided that the total number of votes cast on the initiative equals at least 40% of the total votes cast in the election.
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Constitutional amendments
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Nebraska
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Majority vote, provided that the total number of votes cast on the initiative equals at least 35% of the total votes cast in the election
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Statutory initiatives and constitutional amendments
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Nevada
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An initiative constitutional amendment must receive a majority vote in two successive general elections in order to pass
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Constitutional amendments
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Oregon
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Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action must be approved by at least the same percentage of voters specified in the proposed voting requirement
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Statutory initiatives
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Washington
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Majority vote, provided that the vote cast upon the measure equals at least one-third of the total votes cast at such election
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Statutory initiatives
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Wyoming
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Majority vote, provided that an amount in excess of 50% of those voting in the preceding general election must cast votes on an initiative or the initiative fails
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Statutory initiatives
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Source: National Conference of State Legislatures, May 2009.
Wyoming's
Most states require a simple majority vote to pass an initiative measure, whether statutory or constitutional in nature. By contrast, a supermajority vote of the legislature is necessary in almost all states to refer to the voters a measure to amend the constitution. All states except Delaware also require a vote of the people to pass a constitutional amendment. Supermajorities are intended to prevent a "tyranny of the majority," and also encourage deliberation and compromise as proponents attempt to gather enough votes to reach a supermajority. Supermajorities in the legislature often are required for constitutional amendments because of the belief that constitutions should not be amended without careful deliberation. Many states also require a supermajority vote of the legislature to increase taxes.
In most states, however, the initiative constitutional amendment process is not subject to the same supermajority vote requirement as the legislature. Some experts question why supermajorities are required of the legislature but not of the people. They point out that the initiative process lacks checks found in the legislature that promote compromise and consensus and suggest that a supermajority vote requirement might help to prevent the passage of initiatives that are supported only by a narrow majority.
For More Information
For more information on initiative and referendum, contact Jennie Drage Bowser in NCSL's Denver office.
supermajority requirement was challenged in 1997 by the proponents of an initiative that received a simple majority but failed to reach the supermajority requirement (Brady vs. Ohman, 105 F.3d 726 (1998)). The 10th Circuit Court of Appeals rejected the challenge and wrote that Wyoming had the right to prevent "... abuse of the initiated process and make it difficult for a relatively small special-interest group to enact its views into law." The case was appealed to the U.S. Supreme Court, which upheld the Circuit Court ruling. |