North Dakota voters will decide on a constitutional amendment that would establish a 60% supermajority requirement in order for voters to approve new constitutional amendments. The supermajority requirement would apply to both constitutional amendments proposed by initiative petition and amendments referred to the ballot by the state legislature. This amendment will appear on the ballot on Nov. 3, 2026.
Currently, constitutional amendments in North Dakota are approved by a simple majority vote (50%+1).
State Sen. Jeff Barta (R-43) said, “It’s quite likely that we all agree that it should be possible to change our state’s foundational document, however it should be more difficult than it currently is.”
The League of Women Voters of North Dakota testified against the amendment, arguing that “The citizen initiative process is a hallmark of direct democracy. It promotes civic engagement, increases government accountability, and provides a channel for North Dakotans to elevate an issue that might otherwise not be addressed. For example, property taxes became a priority this session due in large part to a citizen initiative in 2024 to address it. There is power in North Dakotans organizing around an issue through the initiative process. … Initiated and referred measures play an important role in supporting citizen participation in the governance of the state. HCR 3003 would limit that role.”
North Dakota will join two other states set to vote on measures concerning supermajority requirements in 2026. South Dakota voters will also decide on a measure creating a 60% supermajority requirement to adopt constitutional amendments. Voters in Utah will decide on a measure that would require a 60% supermajority vote to approve initiatives that make certain tax-related changes, including (a) imposing a new tax; (b) expanding an existing tax to apply to additional items or transactions; (c) increasing an existing tax rate; or (d) adjusting a property tax rate in a way that reduces the rate less than it would decrease under current law.
In California, voters will decide on a measure requiring citizen-initiated constitutional amendments that propose a higher vote threshold for future state or local ballot measures to meet the same higher threshold to pass (for example, a ballot initiative proposing a 60% requirement for certain other measures would itself require a 60% vote to pass).
Supermajority requirements for constitutional amendments
Of the 49 states that provide for legislatively referred constitutional amendments, 11 states require a supermajority vote or other threshold for approval. In some states, supermajority requirements are also applied to specific ballot measure topics, such as tax increases, lotteries, or changing vote requirements.
New Hampshire has the highest vote requirement for constitutional amendments at two-thirds (66.67%).
Two states have a 60% supermajority requirement to approve constitutional amendments—Florida and Illinois. In 2006, Florida voters approved Amendment 3, which changed the supermajority requirement to approve constitutional amendments from a simple majority to a supermajority of 60%. Since Florida’s supermajority vote requirement was enacted in 2006, there have been 13 constitutional amendments on the ballot that received a majority vote (at least 50.01%) in favor but were defeated since they did not achieve a 60% supermajority vote. In the 2024 general election, this included Amendment 3, which would have legalized marijuana for adult use in Florida, and Amendment 4, which would have provided the constitutional right to an abortion. Florida amendments that propose new state taxes or fees must receive at least two-thirds (66.67%) of the vote. In 1996, voters approved Amendment 1, which set this higher threshold for tax and fee amendments, with 69.2% of the vote.
In Illinois, for a constitutional amendment to be approved, it must win a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.
Colorado has a 55% vote requirement to amend the constitution. In Hawaii, Minnesota, and Wyoming, a majority of the total ballots cast in an election is required, rather than a majority of those voting on the question, meaning a blank vote has the same effect as a ‘no’ vote in these three states. The other five states have other requirements, such as requiring a simple majority vote on the ballot measure itself and a certain percentage of voter turnout or ballots cast.
Ballot measures surrounding supermajority requirements
Between 1912 and 2024, 26 ballot measures related to supermajority requirements were on the ballot. Twelve measures were approved and 14 measures were defeated.
The last time voters decided on a statewide measure to create a supermajority requirement was in 2023, when Ohio voters rejected Issue 1, which would have established a 60% supermajority requirement for new constitutional amendments.
Constitutional amendments in North Dakota
North Dakota allows citizen-initiated measures in the form of initiated state statutes, initiated constitutional amendments, and veto referendums. The completed petition must be submitted at least 120 days prior to the election. Each initiative has its own unique deadline of one year after it was approved to circulate.
Since North Dakota does not have a voter registration system, the number of signatures required is tied to the population reported by the last decennial census. For statutes and veto referendums, the number of signatures required is 2% of the population. For constitutional amendments, it is 4% of the population. The requirement for 2026 is 15,582 signatures for initiated state statutes and veto referendums and 31,164 signatures for initiated constitutional amendments.
The North Dakota Legislature has the power to place constitutional amendments on the ballot when a majority of members in each house of the legislature approve the amendment. The legislature only convenes legislative sessions during odd-numbered years.
In the past five even-year elections between 2014 and 2024, seven initiated constitutional amendments were on the ballot. Six of the measures were approved and one was defeated, an 85.71% approval rate. Of the six approved measures, all but one received greater than 60% of the vote in favor.
Between 2014 and 2024, 11 constitutional amendments referred to the ballot by the state legislature were on the ballot. Five were approved and six were defeated, a 45.45% approval rate. Of the five measures that were approved, all but one received greater than 60% of the vote in favor.