Voters in November, besides a host of contested political races and statewide and local referenda, will be voting to determine whether the state holds a constitutional convention.
If approved, it will be the state’s third constitutional convention since 1973, and first since 1986. The 1986 constitutional convention was the last held by any state in the country.
In 1973, voters approved putting the question of whether to hold a constitutional convention before voters every 10 years, with delegates voted on a nonpartisan basis.
Voters approved holding constitutional conventions in 1973 and 1984 (convention was held in 1986). Proposals to hold a constitutional convention were defeated in 1994, 2004 and 2014.
While there’s been little mentioned about the vote, the ACLU in its most recent newsletter encouraged voters to vote no.
“Rhode Island was the last state in the country to hold a constitutional convention – back in 1986 – and it was a civil liberties nightmare,” the ACLU wrote. “The convention, which was suffused with political wheeling and dealing, proposed two anti-abortion constitutional amendments (one of which was approved by the voters) and two others which adversely impacted communities of color.
“The reconvening of a convention would encourage outside special interests to come into Rhode Island to push their pet constitutional amendments,” the ACLU wrote. “…we urge awareness of the dangers that calling a convention would generate.”
The question to defeat the proposed convention was defeated 55.1 percent to 44.9 percent in 2014.
Many other states require a vote be taken regularly, many every 10 years, to determine whether to hold a constitutional convention.
While Rhode Island was the last state to actually hold a convention, it wasn’t the last to approve holding a convention. In 1996 voters in Hawaii narrowly approved holding a constitutional convention, the convention was never held after the Hawaii Supreme Court ruled the question was defeated because many voters left their ballots blank when answering the question.
Any decisions by a constitutional convention would go to voters for approval. Issues can be significant. That’s been evident in states where actual amendments to the constitution have gone to voters (not the result of a constitutional convention) involving abortion rights.