Constitutional Amendment Elections

Constitutional Amendment Ballot Order Drawing Texas
A drawing of proposed constitutional amendments to determine ballot order, conducted by then-Secretary of State John Steen on August 5, 2013 (Credit: TSLAC).

Constitutional amendment elections are a type of statewide election called to ratify a constitutional amendment adopted by the Texas Legislature.

Constitutional amendment elections, also called ratification elections, normally take place in November of odd-numbered years after regular sessions of the legislature (e.g. 2021, 2023).

On the ballot, voters are presented with one or more “propositions” — the proposed amendments — and given the choice to vote for or against each one.

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 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.

Constitutional amendment elections may only be called by the Texas Legislature. Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment.

Two-thirds of the members must then approve the joint resolution in order for it to be placed on the ballot. Unlike bills, which are presented to the governor for his approval or veto, joint resolutions adopted by the legislature are not submitted to the governor for signing. Instead, they are filed directly with the secretary of state.

If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot.

FAQ

When is the next constitutional amendment election in Texas?

The next constitutional amendment election in Texas will be November 7, 2023.

Who can vote in a constitutional amendment election in Texas? 

All registered voters may vote in a constitutional amendment election. The last day to register to vote for the November 2023 election is October 10, 2023.

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