Constitutional amendment elections are a type of statewide election called to ratify an amendment adopted by the Texas Legislature. They are the only method of approving constitutional amendments in Texas.
These elections, also called ratification elections, usually take place in November of odd-numbered years after regular sessions of the legislature (e.g. 2023, 2025, 2027).
On the ballot, each proposed amendment appears as a separately numbered proposition, and voters may vote “for” or “against” each one. The joint resolution proposing the amendment must specify the proposed constitutional text, the election date, and the wording of the proposition as it will appear on the ballot.
Ahead of the election, the secretary of state is required to widely publicize proposed amendments, including publication of “a brief explanatory statement of the nature of a proposed amendment, together with the…wording of the proposition as it is to appear on the ballot,” according to the constitution.
The secretary of state must also send the full text of each proposed amendment to every county clerk. The county clerk must post it in a public place in the county courthouse at least 30 days before the election.
The election is then held in accordance with procedures prescribed by the Legislature, in essentially the same manner as other kinds of election.
After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favor of an amendment, it shall become a part of this Constitution, and the governor must issue a proclamation to that effect.
Only the Texas Legislature may submit a proposed state constitutional amendment to the voters. Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment. In practical terms, Texas has no statewide citizen-initiative process through which voters may place a constitutional amendment directly on the ballot by petition.
Two-thirds of the members of the legislature must approve the joint resolution in order for it to be placed on the ballot. Unlike bills, joint resolutions proposing constitutional amendments are not presented to the governor and are not subject to veto. After adoption by both chambers, they are filed directly with the secretary of state.
Some constitutional amendments are self-executing, while others require separate enabling legislation; the Legislature may pass that legislation in advance and make it contingent on voter approval of the amendment.
If more than one constitutional amendment passes the legislature in a given year, the secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot.
