User:Floridaman2020/sandbox
Florida Amendment 4, also the Voter Approval of Constitutional Amendments, is an amendment to the Constitution of Florida on the ballot in 2020. Florida Amendment 4 would require that all proposed future amendments or revisions to the state constitution be approved by voters in two elections instead of one in order to take effect.
What do people say?
Florida Amendment 4 would effectively end grassroots ballot initiatives in Florida. A diverse coalition of organizations have united against the amendment. Sun Sentinel, Orlando Sentinel, Tampa Bay Times, and Gainesville Sun all recommend against this proposal. [1]
“Ballot initiative #4 would…make it twice as hard and twice as expensive for Floridians’ voices to be heard…This ballot initiative disregards the will of the people and renders their voices mute on the very issue they care about most.”[1]–ACLU
Key Notes:
● Florida Amendment 4 changes the amendment process in Florida by requiring new amendments or revisions to current constitutional amendments to go through the ballot initiative process twice, increasing the time it takes to make constitutional changes.
● Florida Amendment 4 has both opponents and sponsors:
○ Florida Amendment 4 is sponsored by the Keep Our Constitution Clean PAC, which is funded by lobbying organizations and Florida Power & Light.
○ Florida Amendment 4 is opposed by ACLU Florida and the League of Women Voters of Florida.
● The 2020 Florida Amendment 4 is NOT the same as the 2018 Florida Amendment 4.
Florida Amendment 4: Voter Approval of Constitutional Amendments
· A “yes” means Florida voters will need to vote twice to approve constitutional amendments. Citizen initiatives for amendments will be more costly and time consuming. Enactment of voter approved changes will be delayed and opponents would have a second chance to defeat a popular amendment.
· A “no” means voters will maintain the current amendment process and will only need to vote once to approve new amendments.
FOR Florida ballot Amendment 4: Keep Our Constitution Clean PC
AGAINST Florida ballot Amendment 4: AFL-CIO, ACLU, Common Cause, Florida Civic Engagement Table
[1] “What Is Florida’s Amendment 4, The Voter Approval of Constitutional Amendments?” WUSF Public Media, 9/16/20.
Background
Florida Amendment 4 is on the Florida ballot because Keep Our Constitution Clean, a PAC run by Jason H. Haber, a Fort Lauderdale attorney and chairman of the Republicans Against Green Energy PAC, spent close to $9 million to gather the signatures needed to qualify for the ballot.[1]
Impact
How Florida Amendment 4 Would Change the Florida Amendment Process
The new Florida Amendment 4 (which is separate from the 2018 Amendment 4 working its way through the courts to restore felon voting rights), is a proposed amendment that would require all future constitutional amendments to be approved in elections twice. The likely outcome of this change would be fewer amendments proposed and fewer amendments approved.6
Florida’s current standard of a 60% approval for amendments is much higher than the threshold needed in most states. If Florida Amendment 4 passes, Florida would be joining Nevada as the only other state with this requirement. 7 The president of The League of Women Voters of Florida claims, “To have two separate elections to get one amendment passed makes no sense whatsoever, and is just going to completely nail shut the coffin on the citizen initiative process.”8
Since 1962, Nevada has had an incredibly low number of constitutional amendments, with only 14 citizen-initiated amendments passed at the first election, and 12 of those passing at the second round. The Florida amendment process would likely follow in Nevada’s footsteps with these much lower numbers, should Florida Amendment 4 become law.9
The main campaign in support of Florida Amendment 4 is led by Keep Our Constitution Clean PC, a PAC run by Jason H. Haber. The PAC states the amendment is necessary to “reduce whimsical constitutional amendments.” They cite the great difference in number of amendments between the Florida constitution, with 140 amendments since the 1960s, and the US constitution, with 27 since the 1700s.10 The PAC is backed by a non-profit with essentially the same name, Keep Our Constitution Clean Inc. The non-profit has raised almost $9 million for the campaign, but they have not disclosed who the money is coming from. This lack of information means voters do not know who is funding the campaign and what their motives are.
The main campaign against Florida Amendment 4 includes: AFL-CIO, ACLU of Florida, LWVFL, BAWN: Ban Assault Weapons Now, SPLC Action Fund, and Florida Rights Restoration Coalition.11
For those still wondering if the Florida constitution is currently too easy to amend, it must be noted that it takes a multi-million-dollar effort to get enough signatures for an amendment to even make it on the ballot. Out of the six amendments in 2020, two have sponsors that have spent millions to get them on the ballot. Aubrey Jewett, author of the Politics in Florida textbook, says he supported the increase from 50% to 60% voter approval in 2006, but he worries Florida Amendment 4 is taking it too far. He says he is “a little concerned that maybe we’re…making it a little too difficult for people to exercise direct democracy”, which is “part of the checks and balances in the Florida system.”12
The Florida constitutional amendment process is one way that Floridians can get their voices heard, and ensure the constitution reflects their values and beliefs. Past citizen-led initiatives include ending smoking in workplaces, curbing property taxes, and putting an end to inhumane animal farms. 13 Florida Amendment 4 would require amendments to go through the current constitutional amendment process twice in order to get onto the Florida ballot, potentially increasing the time it takes for voter approved changes to be made to the constitution.14
As it appeared on the Florida ballot on November 6, 2018, the text of the amendment read:[2][3]
provided by the Florida Division of Elections.[4] A 60 percent vote in favor was required for approval.
Implementation
· A “yes” on the ballot supports requiring all proposed future amendments or revisions to the state constitution to be approved by voters in two elections, instead of one, in order to take effect.
· A “no” on the ballot would keep the requirement that opposes requiring all proposed future amendments or revisions to the state constitution to be approved by voters in twoone elections, instead of onetwo, in order to take effect.
| Florida Amendment 4 | |
|---|---|
| <a href="/List_of_Florida_ballot_measures" title="List of Florida ballot measures"><img alt="Flag of Florida.png" src="https://ballotpedia.s3.amazonaws.com/images/thumb/7/7a/Flag_of_Florida.png/162px-Flag_of_Florida.png?AWSAccessKeyId=AKIAJYSMGSWZEGREQP4Q&Expires=1603391702&Signature=WilTL4heId0spNuljq%2BMskz8rtg%3D" width="162" height="108" srcset="https://ballotpedia.s3.amazonaws.com/images/thumb/7/7a/Flag_of_Florida.png/243px-Flag_of_Florida.png?AWSAccessKeyId=AKIAJYSMGSWZEGREQP4Q&Expires=1603391702&Signature=HtN4nFxzcUJN9X2KYdWQ1N8Eosg%3D 1.5x, https://ballotpedia.s3.amazonaws.com/images/thumb/7/7a/Flag_of_Florida.png/324px-Flag_of_Florida.png?AWSAccessKeyId=AKIAJYSMGSWZEGREQP4Q&Expires=1603391702&Signature=AghNk%2FIzURlUidwDx4l4PKGPoKw%3D 2x" data-file-width="750" data-file-height="500" /></a> | |
| Election date <a href="/Florida_2020_ballot_measures" title="Florida 2020 ballot measures">November 3, 2020</a> | |
| Topic <a href="/Direct_democracy_measures_on_the_ballot" title="Direct democracy measures on the ballot">Direct democracy measures</a> | |
| Status On the ballot | |
| Type <a href="/Initiated_constitutional_amendment" title="Initiated constitutional amendment">Constitutional amendment</a> | Origin <a href="/Initiated_constitutional_amendment" title="Initiated constitutional amendment">Citizens</a> |
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Florida Amendment 4, the Require Constitutional Amendments to be Passed Twice Initiative, is on the <a href="/Florida_2020_ballot_measures" title="Florida 2020 ballot measures">ballot</a> in <a href="/Florida" title="Florida">Florida</a> as an <a href="/Initiated_constitutional_amendment" title="Initiated constitutional amendment">initiated constitutional amendment</a> on <a href="/Florida_2020_ballot_measures" title="Florida 2020 ballot measures">November 3, 2020</a>.<a href="#cite_note-Text-1">[1]</a>
A "yes" vote supports requiring voter-approved constitutional amendments to be approved by voters at a second general election to become effective. |
A "no" vote opposes requiring voter-approved constitutional amendments to be approved by voters at a second general election to become effective. |
A <a href="/Supermajority_requirement" title="Supermajority requirement">60% supermajority vote</a> is required for the approval of Amendment 4.
Overview
What would Amendment 4 change about constitutional amendments in Florida?
- See also: <a href="#Constitutional_changes">Constitutional changes</a>
Amendment 4 would require constitutional amendments to be approved by voters at two successive general elections to become effective. Currently in Florida, if voters approve an amendment at one general election, it becomes part of the constitution.
In Florida, constitutional amendments require a <a href="/Supermajority_requirement" title="Supermajority requirement">60% supermajority vote</a> to become effective. This requirement was added to the constitution in 2006. Under Amendment 4, the supermajority requirement would apply to both elections.<a href="#cite_note-Text-1">[1]</a>
Who is behind the campaigns surrounding Amendment 4?
- See also: <a href="#Support">Support</a>, <a href="#Opposition">Opposition</a>, and <a href="#Campaign_finance">Campaign finance</a>
<a href="#Support">Keep Our Constitution Clean PC</a> is leading the campaign in support of Amendment 4. The committee raised $9.01 million, all of which was given by the <a href="/Non-profit_organization" class="mw-redirect" title="Non-profit organization"> non-profit</a> group Keep Our Constitution Clean, Inc. Jason Zimmerman, a lawyer for Keep Our Constitution Clean PC said, "By doing pass-it-twice, we think we can reduce the amount of ... whimsical constitutional amendments. [In Florida], there have been more than 140 constitutional amendments [since the 1960s]. The United States Constitution, which has been around since the 1700s, has been amended 27 times."<a href="#cite_note-2">[2]</a>
<a href="#Opposition">Opponents</a> of Amendment 4 include the ACLU of Florida and the Florida League of Women Voters. The ACLU of Florida said, "[Amendment 4], disingenuously and misleadingly titled 'Voter Approval of Constitutional Amendments,' is a cynical political effort to obstruct voters’ ability to pass future constitutional amendments, even those with support from a supermajority of voters. This ballot initiative disregards the will of the people and renders their voices mute on the very issues they care about most." Ballotpedia did not identify any committees registered to oppose Amendment 4.
What is the current election process for constitutional amendments in Florida?
- See also: <a href="#State_processes_for_initiated_constitutional_amendments">State processes for initiated constitutional amendments</a> and <a href="#Constitutional_amendment_statistics_2006-2018">Constitutional amendment statistics 2006-2018</a>
As of 2020, Florida is one of 18 states that require voters to approve a constitutional amendment at a single election. One state—Nevada—requires voter approval of citizen-initiated constitutional amendments at two successive elections. Since the <a href="#Process_in_Nevada">pass-it-twice requirement in Nevada</a> was created in 1962, there have been 14 citizen-initiated constitutional amendments that passed at the first election and appeared on the ballot again at the next election. Of the 14 measures, 12 were passed at their second elections (85.7%) and two failed (14.3%).
Additionally, in every U.S. state except Delaware, constitutional amendments passed by the state's legislature must be referred to and approved by voters to become effective. Unlike the proposed change under Florida Amendment 4, the process in Nevada does not require voter approval of legislative referrals at more than one election.
The current Florida constitution, adopted in 1968, has since been amended 140 times (including amendments via citizen initiative and via the legislature). Before the 60% supermajority vote requirement for constitutional amendments was adopted in 2006, the average number of amendments adopted was between 5 and 6 per election cycle. After 2006, the average was between 4 and 5 per election cycle.<a href="#cite_note-flo-3">[3]</a>
Are there other measures like this on the 2020 ballot?
- See also <a href="#Related_measures">Related measures</a>
A <a href="/North_Dakota_Constitutional_Measure_2,_Require_Initiated_Constitutional_Amendments_to_be_Approved_by_the_Legislature_or_Passed_Twice_Amendment_(2020)" title="North Dakota Constitutional Measure 2, Require Initiated Constitutional Amendments to be Approved by the Legislature or Passed Twice Amendment (2020)">similar amendment</a> is on the 2020 ballot for voters in North Dakota, which would require initiated constitutional amendments passed by voters to be submitted to the legislature for approval. If the legislature rejects the amendment, the measure would be placed on the ballot again at the next statewide election and would become effective if approved by the voters a second time.
Text of measure
Ballot title
The ballot title is as follows:<a href="#cite_note-initiative-4">[4]</a>
| “ | Voter Approval of Constitutional Amendments.<a href="#cite_note-quotedisclaimer-5">[5]</a> | ” |
Ballot summary
The ballot summary is as follows:<a href="#cite_note-initiative-4">[4]</a>
| “ | Requires all proposed amendments or revisions to the state constitution to be approved by the voters in two elections, instead of one, in order to take effect. The proposal applies the current thresholds for passage to each of the two elections.<a href="#cite_note-quotedisclaimer-5">[5]</a> | ” |
Fiscal impact statement
The fiscal impact statement for the amendment will appear on the ballot as follows:<a href="#cite_note-6">[6]</a>
| “ | It is probable that the proposed amendment will result in additional state and local government costs to conduct elections in Florida. Overall, these costs will vary from election cycle to election cycle depending on the unique circumstances of each ballot and cannot be estimated at this time. The key factors determining cost include the number of amendments appearing for the second time on each ballot and the length of those amendments. Since the maximum state cost is likely less than $1 million per cycle but the impact cannot be discretely quantified, the change to the state’s budget is unknown. Similarly, the economic impact cannot be modelled, although the spending increase is expected to be below the threshold that would produce a statewide economic impact. Because there are no revenues linked to voting in Florida, there will be no impact on government taxes or fees.
THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.<a href="#cite_note-quotedisclaimer-5">[5]</a> |
” |
Constitutional changes
- See also: <a href="/Article_XI,_Florida_Constitution" title="Article XI, Florida Constitution">Article XI, Florida Constitution</a>
The measure would add amend Sections 5 and 7 of <a href="/Article_XI,_Florida_Constitution" title="Article XI, Florida Constitution">Article XI</a> of the <a href="/Florida_Constitution" title="Florida Constitution">Florida Constitution</a>. The following underlined text would be added.
|
SECTION 5. Amendment or revision election.— (a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution or report of revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the custodian of state records, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of each house of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing. If the proposed amendment or revision is approved as provided in subsection (e), it shall be submitted to the electors a second time at the next general election occurring at least ten weeks after the election in which the proposed amendment or revision is initially approved. (b) A proposed amendment or revision of this constitution, or any part of it, by initiative shall be submitted to the electors at the general election provided the initiative petition is filed with the custodian of state records no later than February 1 of the year in which the general election is held. If the proposed amendment or revision is approved as provided in subsection (e), it shall be submitted to the electors a second time at the next general election. (c) The legislature shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3.<a href="#cite_note-quotedisclaimer-5">[5]</a> |
Readability score
- See also: <a href="/Ballot_measure_readability_scores,_2020" title="Ballot measure readability scores, 2020">Ballot measure readability scores, 2020</a>
| Using the <a href="/Ballot_measure_readability_scores,_2020#Flesch-Kincaid_Grade_Level" title="Ballot measure readability scores, 2020">Flesch-Kincaid Grade Level</a> (FKGL) and <a href="/Ballot_measure_readability_scores,_2020#Flesch_Reading_Ease" title="Ballot measure readability scores, 2020">Flesch Reading Ease</a> (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.
|
Support
Keep Our Constitution Clean PC is leading the campaign in support of the initiative.<a href="#cite_note-initiative-4">[4]</a>
Arguments
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Opposition
Opponents
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Political Parties
- Miami Dade Democratic Party <a href="https://www.miamidadedems.org/florida_2020_amendment_recommendations"></a>
Organizations
- ACLU of Florida <a href="https://www.aclufl.org/en/campaigns/aclu-florida-2020-ballot-guide"></a>
- League of Women Voters of Florida <a href="https://www.orlandosentinel.com/news/os-ne-amendment-four-keep-our-constitution-clean-money-20200909-6n6ok2vdvnhadcxyk2gdw5b7ey-story.html"></a>
Arguments
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Media editorials
Support
Ballotpedia did not identify media editorials supporting Amendment 4. If you are aware of one, please send an email with a link to <a target="_blank" rel="noreferrer noopener" class="external text" href="mailto:editor@ballotpedia.org">editor@ballotpedia.org</a>.
Opposition
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Polls
- See also: <a href="/Ballotpedia%27s_approach_to_covering_polls" title="Ballotpedia's approach to covering polls">Ballotpedia's approach to covering polls</a> and <a href="/2020_ballot_measure_polls" title="2020 ballot measure polls">2020 ballot measure polls</a>
Poll results for the measure are detailed below.<a href="#cite_note-7">[7]</a>
| Double Election Requirement for Constitutional Amendments Initiative | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Unsure | Margin of error | Sample size | ||||||||||||||
| <a target="_blank" rel="noreferrer noopener" class="external text" href="http://stpetepolls.org/files/StPetePolls_2019_State_Amendments_October10_P1F3.pdf">St. Pete Polls</a> 10/7/19 - 10/10/19 | 49.2% | 29.7% | 21.1% | +/-1.7 | 3,283 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to <a target="_blank" rel="noreferrer noopener" class="external text" href="mailto:editor@ballotpedia.org">editor@ballotpedia.org.</a> | |||||||||||||||||||
Campaign finance
- See also: <a href="/Campaign_finance_requirements_for_Florida_ballot_measures" title="Campaign finance requirements for Florida ballot measures">Campaign finance requirements for Florida ballot measures</a>
One committee is registered to support Amendment 4: Keep Our Constitution Clean PC. The committee reported $165,500 in cash contributions and $8.84 million in in-kind contributions, all from Keep Our Constitution Clean, Inc. The committee reported 160,131.36 in cash expenditures.
Keep Our Constitution Clean PC reported in-kind contributions from Keep Our Constitution Clean, Inc. for signature gathering totaling $8.8 million. The total <a href="#Path_to_the_ballot">cost per required signature</a> (CPRS) for Amendment 4 was $11.48.
Ballotpedia had not identified any committees registered to oppose Amendment 4. If you are aware of any opposition committees, please send an email with a link to <a target="_blank" rel="noreferrer noopener" class="external text" href="mailto:editor@ballotpedia.org">editor@ballotpedia.org</a>.
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| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $165,500.00 | $8,844,646.76 | $9,010,146.76 | $160,230.36 | $9,004,877.12 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Support
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| Committees in support of Amendment 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Keep Our Constitution Clean PC | $165,500.00 | $8,844,646.76 | $9,010,146.76 | $160,230.36 | $9,004,877.12 |
| Total | $165,500.00 | $8,844,646.76 | $9,010,146.76 | $160,230.36 | $9,004,877.12 |
Top donors
Keep Our Constitution Clean, Inc. provided 100% of the contributions to the support campaign.
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Keep Our Constitution Clean, Inc. | $165,500.00 | $8,844,646.76 | $9,010,146.76 |
See also
References
- ^ "Initiative Information". dos.elections.myflorida.com. Retrieved October 14, 2020.
- ^ Florida official sample ballots, 2018, Ballotpedia. Retrieved March 26, 2019.
- ^ Official Sample Ballot, General Election, November 6 2018, Flagler elections. Retrieved March 26, 2019.
- ^ Florida Division of Elections, Proposed Constitutional Amendments and Revisions for the 2018 General Election. Retrieved March 26, 2019.
External links
- Amendment text and history at Florida Department of State
- Amendment 4 (2018) at Ballotpedia
Category:2020 Florida ballot measures Category:History of voting rights in the United States Category:Right of felons to vote