from three percent in Massachusetts to 15 percent in Arizona and Oklahoma. Massachusetts requires approval of two sessions of the legislature in addition to the petition before submitting the amendment for a vote of the people. Kentucky does not have a provision for initiative petitions for constitutional amendments.

Constitutional Conventions

The constitutional convention is used to update a constitution when revision is more extensive than is practical by amendments. Forty-one states provide for the calling of a convention in their constitutions.

Legislative approval is required before placing the question of a convention on the ballot in all of the 41 states except Florida, where the people, through the initiative petition, submit the call for a convention. Kentucky is the only state which requires the approval of two sessions of the legislature before the people vote on a convention call. Seventeen states require a legislative vote greater than a majority. Six states permit the legislature to call a convention without the approval of the voters.

Fourteen states specify in their constitutions that the question of a convention shall be placed on the ballot at specified intervals: five states, every ten years; eight states, every twenty years; and one state, Michigan, every sixteen years. Tennessee specifies that a constitutional convention may not be held more often than once in six years.

There are limited and unlimited constitutional conventions. The limited conventions can consider only those areas specified in the convention call, or the call may prohibit consideration of a topic, as the New Jersey convention of 1947 was forbidden to consider apportionment of the legislature. Alaska, on the other hand, prohibits a limited convention in its constitution. The opposition to a limited convention contend that people have a right to revise or amend the fundamental law by which they are governed and should not be restricted by those responsible for the call. In Kentucky, the 1931 and 1947 convention calls were for unlimited conventions; the 1960 call was limited to twelve areas. The 1977 convention call does not limit areas to be considered.

Kentucky's Constitution does not require the revised document to be ratified by a vote of the people. The Kentucky General Assembly, however, placed this requirement in the bill providing for a vote on the convention. It is generally acknowledged that a convention could not be held in Kentucky without requiring the revised constitution to be approved by the voters.

The convention may submit the revision to the voters in a single document, in a series of amendments to be voted on separately, or in a single document with one or

more supplemental questions on which the votes may be cast separately. The convention determines which form to use in submitting the revision to the voters. In 1966, the Kentucky General Assembly chose to submit the proposed revision as a single document, and it was soundly defeated. Since 1966, a revised constitution submitted as a single document has been rejected by the voters in Arkansas (1970), Maryland (1968), New Mexico (1969), New York (1967), and Rhode Island (1968). New constitutions with supplemental proposals on separate votes have been approved in Illinois (1970), Montana (1972), and Louisiana (1974) but defeated in North Dakota (1972). Hawaii's convention in 1968 submitted 23 amendments for separate votes, and 22 were adopted. Rhode Island, in a limited convention in 1973, submitted seven separate amendments, and five were adopted. The conclusion is that constitutional revision has a better chance if the voter has more than a single vote on all the revisions proposed.

One Way to Update a Constitution

Maine has a unique method of updating its constitution. The chief justice of the Supreme Judicial Court is authorized by the constitution to rearrange the constitution, incorporating amendments and deleting sections no longer in force, whenever a new revision of the public laws is authorized by the legislature. This update of the constitution is then subject to legislative approval. This revision process occurs approximately every ten years. The latest rearrangement was in 1973.

Constitutional Commissions

Constitutional revision can be accomplished by amendments, convention and through a constitutional commission. The constitutional commission can have multiple functions in the revision process. The commission may function as an advisory body to the legislature for proposing needed amendments. It may serve as a preparatory body for a constitutional convention, or the commission may revise the constitution, which is then submitted to the voters.

The constitutional commission may be created by statutory law, executive order or by legislative resolution. It may function as a continuing body with specific terms for members and a regular reporting date, or it may be created for a specified period of time with a report due by a certain time.

The commission has fewer members than a convention, and the members are usually a combination of ex officio and appointive. The appointive members may be named by the governor, leaders of the legislature, the judiciary or a combination of these. Membership is generally based on expertise and experience, which greatly facilitate the work of the commission.

During 1966-72 there were 38 constitutional commissions operative in 31 states. Illinois had three commissions during this time. The one in 1967 recommended the calling of a convention; the one in 1969 made recommendations for the convention; and later in 1969, a commission made recommendations on organization and procedure for the convention. Illinois then had a successful convention in 1970, with the voters approving a new constitution on December 15, 1970. During 1974-75, constitutional commissions were operative in Alabama, New Hampshire, North Dakota, Ohio, South Dakota, Texas, Utah, and Washington.

In Kentucky there remains statutory provision for a constitutional revision assembly to function as an agency of the Legislative Research Commission (KRS 7.170). Funds have not been appropriated for the functioning of this assembly since the defeat of the 1966 proposed revision.

Conventions: Advantages and Disadvantages

Each of the methods of constitutional revision can be used effectively. Revision by amendment is particularly effective for limited changes and update. The constitutional commission is especially effective as an advisory body. The constitutional convention, however, is the question before Kentucky voters; and there are advantages and disadvantages to this uniquely American method of altering the constitution.

The greatest disadvantage of the convention is the cost. The 1972 Montana convention of 100 delegates was in session over three months and cost approximately $650,000, including the work of the constitutional commission. The 1972 North Dakota convention of 98 delegates met for approximately seven weeks and cost approximately $600,000. The 1974 Louisana convention of 132 delegates met for over six months and cost over $3,000,000, including the work of the constitutional commission. The 1974 Texas convention of 181 delegates met for seven months and cost over $4,000,000, including the constitutional commission. A Kentucky convention would have 100 delegates, the same number Montana had. The 1976 session of the Kentucky General Assembly cost approximately $650,000, which is comparable to Montana's constitutional convention of three months. The $650,000 figure provides a basis for an estimate of the cost of a convention, but there are many factors which would be decided by the 1978 General Assembly, such as compensation for delegates, staff, expense allowances,

etc.

There is often expressed before a convention the fear that radicals will be elected as delegates and make drastic changes in the constitution. The experiences of other states indicate that this fear is usually heard before a convention but rarely afterward. Since the delegates are elected, this fear is not justifiable; and further, the revision must be ratified by the voters after the convention.

An advantage of the convention over amendments proposed by the legislature is that the convention is called for a single purpose. Due consideration can be given to proposals through committees, debates, public hearings and professional assistance. When the legislature considers amendments, it is also concerned with many other issues; and the time for consideration and the resources available are limited.

Many people are willing to serve as a delegate to a constitutional convention who would not be interested in an elective office. The nature of the convention and the accompanying prestige attract delegates with expertise and professionalism.

The work of the constitutional convention will be widely publicized. Thus, any changes in the constitution will be thoroughly covered by the media; whereas, the legislature's handling of a constitutional amendment is only one of many legislative activities.

(Source: The statistics on which this Chapter is based were compiled by Dr. Albert L. Sturm for The Book of the States 1974-75, 1976-77, Council of State Governments, Lexington, Kentucky.)

CHAPTER III

TIME FOR DECISION IN KENTUCKY

The Next Step-November 8, 1977

The 1974 General Assembly passed a bill which provided for taking the sense of the people on calling a constitutional convention. As required in Section 258 of the Constitution, the 1976 General Assembly concurred in this action. The vote on this issue is required to be held at the next regular election for state officers or members of the House of Representatives. This election will be November 8, 1977. The number voting on the question must be one-fourth the total number of votes cast in the November 2, 1976, election.

The Role of the 1978 General Assembly

If the voters approve in sufficient numbers the calling of a convention, the next step lies with the 1978 General Assembly, which must provide for the establishing of the convention through an enabling act. The enabling act will need to include the following provisions:

1. Administration of the election of delegates.

2. Method of nomination of candidates for delegates-partisan or nonpartisan.

3. Method of filling vacancies.

4. Date for convening delegates, within 90 days of their election.

5. Preconvention planning and accumulation of materials.

6. Funds for convention needs, including staff for the convention.

7. The taking of testimony in contested elections and the issuing of certificates of election in case of tie.

8. Possibly, a date for the convention to complete its work.

9. Possibly, a requirement for the convention to recess for a particular time.