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Concerning the Amendment of the Constitution

ART. 285. The Constitution may be amended only:

1st. Upon the initiative of the people, by means of the presentation of an appropriate proposition to the Congress, with the signatures of not less than 100,000 voters who are able to read and write, given before the electoral bodies, and in accordance with what the law may establish. When this has been done, the Congress shall be assembled into a single body, and within the thirty days following shall, without discussion, approve the law proposing to call an election of delegates or for a referendum.

2nd. By the initiative of the Congress by means of an appropriate proposition, bearing the signatures of not less than one-fourth of the members of the colegislative body to which the proponents belong.  

ART. 286. Amendment of the Constitution shall be specific, in part or in whole.

In case of specific or partial amendment, proposed by popular initiative, the amendment shall be submitted to a referendum at the first election to be held, provided that the new precept, the incorporation of which is in question, or an existing one, the revision of which is being attempted, is susceptible of being proposed in such a manner that the people may approve or reject it by answering "yes" or "no."

In case of specific or partial change upon the initiative of the Congress, the approval of the latter with an affirmative vote of two-thirds of the total number of members of both colegislative bodies jointly assembled, shall be necessary, and said amendment shall not be effective until it is ratified in the same manner in the two following regular legislative sessions.

In case the reform is total, or concerns the national sovereignty, or Articles 22, 23, 24, and 87 of this Constitution, or the form of Government, after the previously stipulated requirements are carried out, according to whether the initiative proceeds from the people or from the Congress, elections for delegates to a plebiscitary assembly shall be called, the meeting of which shall take place six months after the resolution, and which meeting shall be limited exclusively to approving or rejecting the proposed reforms.

This assembly shall carry out its duties with entire independence of the Congress, within thirty days following its final organization. The delegates to the said convention shall be elected by Provinces in the proportion of one for each 50,000 inhabitants, or fraction greater than 25,000, and in the form that the law may establish, with the proviso that no Congressman may be elected to the office of delegate.

In case there is a question of holding any re-election that is constitutionally prohibited, or the continuation in office of any official for a longer time than that for which he was elected, the proposal of amendment must be approved by three-fourths of the total members of the Congress, assembled in a single body, and ratified in a referendum by the affirmative vote of two-thirds of the total number of voters of each Province.   FINAL PROVISION 

This Constitution shall enter into force in its entirety on October 10th, 1940.

And in carrying out the decision made by the Constituent Convention in the session of April 26th, 1940, and as a tribute to the memory of the illustrious patriots who in this town signed the Constitution of the Republic in arms on April 10th, 1879, we sign the present Constitution in Guáimaro, Camagüey, on July 1st, 1940.

1940 Constitution

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