supermajority

A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.

Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or fixed membership rather than on those present and voting.

History

The first known use of a supermajority rule was in the 100s BCE in ancient Rome.

Pope Alexander III introduced the use of supermajority rule for papal elections at the Third Lateran Council in 1179.

In the Democratic Party of the United States, a rule requiring the determination of a presidential nominee required the votes of two-thirds of delegates to the Democratic National Convention was adopted at the party's first presidential nominating convention in 1832. The two-thirds rule gave southern Democrats a ''de facto'' veto over any presidential nominee after the Civil War, which lasted until the rule was abolished in 1936.

In the Federalist Papers, Alexander Hamilton and James Madison were critical of supermajority requirements. In Federalist 22, Hamilton wrote that while preventing harmful legislation from being passed, such requirements also prevented beneficial legislation from being passed, and "its real operation is to embarrass the administration, to destroy the energy of government, and to substitute the pleasure, caprice or artifices of an insignificant, turbulent or corrupt junto, to the regular deliberations and decisions of a respectable majority." Hamilton also wrote that such a requirement would encourage "contemptible compromises of the public good". In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but " all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority." Madison also wrote that such requirements would encourage secession.

Common supermajorities

A majority vote, or more than half the votes cast, is a common voting basis. Instead of the basis of a majority, a supermajority can be specified using any fraction or percentage which is greater than one-half. It can also be called a ''qualified majority''. Common supermajorities include three-fifths (60%), two-thirds (66.66...%), and three-quarters (75%).

Two-thirds, or 66.66... percent

A two-thirds vote, when unqualified, means two-thirds or more of the votes cast..p This voting basis is equivalent to the number of votes in favour being at least twice the number of votes against. Abstentions and absences are excluded in calculating a two-thirds vote.

The two-thirds requirement can be qualified to include the entire membership of a body instead of only those present and voting, but such a requirement must be explicitly stated (such as "two-thirds of those members duly elected and sworn"). In this case, abstentions and absences count as votes against the proposal. Alternatively, the voting requirement could be specified as "two-thirds of those present", which has the effect of counting abstentions but not absences as votes against the proposal.

For example, if an organization has 150 members and at a meeting 30 members are present with 25 votes cast, a "two-thirds vote" would be 17. ("Two-thirds of those present" would be 20, and "two-thirds of the entire membership" would be 100.)

Three-fifths, or 60 percent

Another type of supermajority is three-fifths (60 percent). This requirement could also be qualified to include the entire membership or to include those present.

In 2006, the Constitution of Florida was amended to require a 60% majority to pass new constitutional amendments by popular vote.

55 percent

For the Montenegrin independence referendum held in 2006 the European Union envoy Miroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%. Such procedure, ultimately accepted by the government of Montenegro, was somewhat criticized as overriding the traditional practice of requiring a two-thirds supermajority, as practiced in all former Yugoslav countries before (including the previous referendum in Montenegro).

In 2016, the Constitution of Colorado was amended to require a 55% majority to pass new constitutional amendments by popular vote. It had previously been a simple majority.

Related concepts

Related concepts regarding alternatives to the majority vote requirement include a "majority of the entire membership" and a "majority of the fixed membership".

Majority of the entire membership

A majority of the entire membership is a voting basis that requires that more than half of all the members of a body (including those absent and those present but not voting) vote in favor of a proposition in order for it to be passed. In practical terms, it means an absence or an abstention from voting is equivalent to a "no" vote. It may be contrasted with a majority vote which only requires more than half of those actually voting to approve a proposition for it to be enacted. An absolute majority may also be the same as a majority of the entire membership, although this usage is not consistent.

A supermajority could be specified in this voting basis, such as a vote of "two-thirds of the entire membership". By way of illustration, in February 2007 the Italian Government fell after it lost a vote in the Italian Senate by 158 votes to 136 (with 24 abstentions). The government needed an absolute majority in the 318 member house but fell two votes short of the required 160 when two of its own supporters abstained. In the United States Electoral College, an absolute majority of electoral votes are required for it to elect the US president and vice-president.

Majority of the fixed membership

A majority of the fixed membership is based on the total number of the established fixed membership of the deliberative assembly. It is used only when a specific number of seats or memberships is established in the rules governing the organization. A majority of the fixed membership would be different from a majority of the entire membership if there are vacancies.

For example, say a board has 12 seats. If the board has the maximum number of members, or 12 members, a majority of the entire membership and a majority of the fixed membership would be seven members. However, if there are two vacancies (so that there are only ten members on the board), then a majority of the entire membership would be six members (more than half of ten), but a majority of the fixed membership would still be seven members.

It is possible for organizations that use a majority of the fixed membership to be caught in a stalemate if at least half the membership consists of vacancies, making it impossible to perform any actions until those vacancies are filled. The requirement for a minimum number of members to be present in order to conduct business, called a quorum, may be used to avoid such a possibility.

Similar to the voting basis for the entire membership, a supermajority could be specified for this basis, such as a vote of "two-thirds of the fixed membership".

Use in parliamentary procedure

Parliamentary procedure requires that any action that may alter the rights of a minority have a supermajority requirement. ''Robert's Rules of Order'' states:This book also states:

Use in governments around the world

Australia

To pass an amendment to the Australian Constitution, a referendum is required and must ordinarily achieve a double majority: a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states). Although, a supermajority is required in circumstances where a specific state is affected by a referendum, a majority of voters in that state must also agree to the change. This is often referred to as a "triple majority".

As such, the Australian Constitution is often regarded as the hardest in the world to change.

Canada

In Canada, most constitutional amendments can be passed only if identical resolutions are adopted by the House of Commons, the Senate and two-thirds or more of the provincial legislative assemblies representing at least 50 percent of the national population.

Denmark

Article 20 of the Constitution of Denmark states that if the government or parliament wants to cede parts of national sovereignty to an international body such as the European Union