Skip to page body Home About Community Living Doing Business Browse by Topic I Want to... Your Government

Minnesota Office of the Secretary of State

2012 Proposed Constitutional Amendments

How many times has the Minnesota Constitution been amended?
How do I learn more about the proposed amendments which will appear on the 2012 ballot?
Will there be a recount on either amendment if the vote is close?
How many votes does an amendment need in order for it to pass?
What changes are being proposed to the Minnesota Constitution?
How is the Minnesota State Constitution amended?
In what order do the questions appear and where on the ballot will the amendments be located?
How do I familiarize myself with the constitutional amendment questions before I go to the polls on November 6, 2012?

Q: How many times has the Minnesota Constitution been amended?
A:
Since 1980, 17 amendments to the Constitution have been approved by the voters of Minnesota.  To view the full list of proposed amendments, including those approved and those rejected click here
Q: How do I learn more about the proposed amendments which will appear on the 2012 ballot?
A:

Minnesota Statutes 10.60 requires the Office of the Secretary of State to provide the web site of any individual or group advocating for or against or providing neutral information with respect to a ballot question. If an organization would like to provide their link on the OSS website, they must submit a request in writing to this office, including a link to the site as well as valid email. If you would like to submit your site for inclusion, you may email your request to secretary.state@state.mn.us or send it via mail: Office of the Minnesota Secretary of State, 180 State Office Building, 100 Reverend Martin Luther King Jr. Blvd, St. Paul, MN 55155.

A partial list of such organizations can be found at www.mnvotes.org.  

Q: Will there be a recount on either amendment if the vote is close?
A:
There are no recounts on constitutional amendments. All disputes are handled by a three-judge panel appointed by the Chief Justice of the Minnesota Supreme Court.
Q: How many votes does an amendment need in order for it to pass?
A:
A majority of all voters’ casting ballots in the election must vote for the amendment in order for it to pass.
Q: What changes are being proposed to the Minnesota Constitution?
A:

There are proposed changes to two sections of Minnesota's Constitution.   

The language of the proposed amendments appears below. The underlined language is the new language proposed to be amended into the Constitution:
 
Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall be added to article XIII, to read:
Sec. 13. Only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota.

Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, article VII, section 1, will read:

Section 1. (a) Every person 18 years of age or more who has been a citizen of the United States for three months and who has resided in the precinct for 30 days next preceding an election shall be entitled to vote in that precinct. The place of voting by one otherwise qualified who has changed his residence within 30 days preceding the election shall be prescribed by law. The following persons shall not be entitled or permitted to vote at any election in this state: A person not meeting the above requirements; a person who has been convicted of treason or felony, unless restored to civil rights; a person under guardianship, or a person who is insane or not mentally competent.

(b) All voters voting in person must present valid government-issued photographic identification before receiving a ballot. The state must issue photographic identification at no charge to an eligible voter who does not have a form of identification meeting the requirements of this section. A voter unable to present government-issued photographic identification must be permitted to submit a provisional ballot. A provisional ballot must only be counted if the voter certifies the provisional ballot in the manner provided by law.

(c) All voters, including those not voting in person, must be subject to substantially equivalent identity and eligibility verification prior to a ballot being cast or counted.

Q: How is the Minnesota State Constitution amended?
A:

The Minnesota State Constitution can only be amended in two ways.

The first way is the process that is most familiar to voters today and is outlined in the Minnesota State Constitution Article IX Section 1.  A majority of members of the state legislature may propose amendments to the state constitution.  This process requires that the proposed amendment be passed as a bill and then submitted to the people for their approval or rejection in the next general election.   Unlike other laws proposed and passed by the legislative body during session, proposed amendments are not subject to a Governor’s veto. The proposed amendment does not become a part of the constitution until the voters have approved it. Once an amendment has passed with the approval of voters, it is permanently enshrined into the Constitution and cannot be altered or changed without undergoing this same process. 
 
The second and less familiar way calls for two thirds of the elected members of the legislature to vote to submit to the voters a question at the next general election asking for a constitutional convention to be approved to revise the Constitution.  Article IX Section 2 of the Minnesota State Constitution describes the process by which a convention is convened and the amendments ratified. This process has not been utilized by Minnesota since the original constitutional convention of 1857.

Q: In what order do the questions appear and where on the ballot will the amendments be located?
A:
Statute does not dictate the order in proposed amendments should appear on the actual ballot.  They have typically appeared in the order in which they were passed.  Constitutional amendments appear on the ballot immediately following the federal and state offices but before the local offices.
Q: How do I familiarize myself with the constitutional amendment questions before I go to the polls on November 6, 2012?
A:
You can view the title of the amendment, the final submission to voters and see where the question appears on the ballot by viewing your sample ballot in the weeks leading up to the election.   You can find your sample ballot at www.mnvotes.org.  The Minnesota Voter’s Bill of Rights states that an eligible voter may take a copy of the sample ballot with them into the polling place.

Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.

Download Acrobat Reader Download WinZip Download Word Viewer Download Excel Viewer Download PowerPoint Viewer Download Quicktime Download Real Player