State Balloting Process

Article XVI.
§l. Proposal of Constitutional amendments in General Assembly;
Any amendment or amendments to this Constitution may be proposed in
the Senate or House of Representatives; and if the same shall be agreed
to by two-thirds of all the members elected to each House, such
proposed amendment or amendments shall be entered on their journals,
with the yeas and nays taken thereon, and the Secretary of State shall
cause such proposed amendment or amendments to be published three
months before the next General Election in at least three newspapers in
each county in which such newspapers shall be published; and if in the
General Assembly next after the said election such proposed amendment
or amendments shall upon yea and nay vote be agreed to by two-thirds
of all the members elected to each House, the same shall thereupon
become part of the Constitution.
§2. Constitutional conventions; procedure; compensation of delegates;
quorum; powers and duties; vacancies.
The General Assembly by a two-thirds vote of all the members elected to
each House may from time to time provide for the submission to the
qualified electors of the State at the general election next thereafter the
question, “Shall there be a Convention to revise the Constitution and
amend the same?” and upon such submission, if a majority of those
voting on said question shall decide in favor of a Convention for such
purpose, the General Assembly at its next session shall provide for the
election of delegates to such convention at the next general election.
Such Convention shall be composed of forty-one delegates, one of
whom shall be chosen from each Representative District by the qualified
electors thereof, and two of whom shall be chosen from New Castle
County, two from Kent County and two from Sussex County by the
qualified electors thereof respectively. The delegates so chosen shall
convene at the Capital of the State on the first Tuesday in September next
after their election. Every delegate shall receive for his services such
compensation as shall be provided by law. A majority of the Convention
shall constitute a quorum for the transaction of business. The Convention
shall have power to appoint such officers, employees and assistants as it
may deem necessary, and fix their compensation, and provide for the
printing of its documents, journals, debates and proceedings. The
Convention shall determine the rules of its proceedings, and be the judge
of the elections, returns and qualification of its members. Whenever there
shall be a vacancy in the office of delegate from any district or county by
reason of failure to elect, ineligibility, death, resignation or otherwise, a writ
of election to fill such vacancy shall be issued by the Governor, and such
vacancy shall be filled by the qualified electors of such district or county.
§3. Receiving, tallying and counting votes for or against Convention; return
of vote; enabling legislation.
The General Assembly shall provide for receiving, tallying and counting
the votes for or against a Convention, and for returning to the General
Assembly at its next session the state of such vote; and shall also enact all
provisions necessary for giving effect to this Article.
§4. Approval of bills or resolutions under this article; exemption from Article

III, Section l8.
No bill or resolution passed by the General Assembly under or pursuant to
the provisions of this Article, shall require for its validity the approval of the
Governor, and the same shall be exempt from the provisions of Section l8
of Article III, of this Constitution.
§5. Separate ballots on question of Convention.
In voting at any general election, upon the question, shall there be a
Convention to revise the Constitution and amend the name?” the ballots
shall be separate from those cast for any person voted for at such
election, and shall be kept distinct and apart from all other ballots.

Adapted from the Initiative & Referendum Almanac by M. Dane Waters.

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