2020 Florida Amendment 4
2020 Florida Amendment 4 was a proposed amendment to the Constitution of Florida that failed by 52.5% to 47.5% in the 2020 election on November 3, 2020. The amendment would require new constitutional amendments to be approved by voters twice to become effective.
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Overview
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.[2]
In Florida, constitutional amendments require a 60% supermajority vote to become effective.[2][3][4][5] This requirement was added to the constitution in 2006. Under Amendment 4, the supermajority requirement would apply to both elections.
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[6] and chairman of the Republicans Against Green Energy PAC, spent close to $9 million to gather the signatures needed to qualify for the ballot.
Impact
The new Florida Amendment 4 (which is separate from the 2018 Amendment 4 working its way through the courts to restore felon voting rights[7]), 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. Constitutional amendments need to gather 60% in each voting to be approved.[2][3][4][5]
Florida's current standard of a 60% approval for amendments[4][8] 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, though Nevada only requires amendments to be passed twice with 50%. The president of The League of Women Voters of Florida, Patricia Brigham claims, "This would basically shut the door to citizen groups other than the wealthiest of the wealthy to get an amendment on the ballot, You make it a lot harder for citizens to have their say on issues the legislature does not address. We're non-partisan but when you have a one-party rule no matter what the party for a long, long time, then you cut off a number of voters from having a voice."[9]
Since 1962,[10][11] 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.[12][13] The Florida amendment process would likely follow in Nevada's footsteps with these much lower numbers, should Florida Amendment 4 become law.
The main campaign in support of Florida Amendment 4 is led by Keep Our Constitution Clean PC,[5][14] a PAC run by Matthew Meyers of Miami, and Jason H. Haber and Jason Blank of Fort Lauderdale.[6] Atty. Jason Zimmerman of The PAC states the amendment is necessary to "reduce whimsical constitutional amendments."[5] Zimmerman cited 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.[14] 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.[14]
The main groups campaigning against Florida Amendment 4 include the AFL-CIO, ACLU of Florida,[15] LWVFL,[5][9] BAWN: Ban Assault Weapons Now, SPLC Action Fund, and Florida Rights Restoration Coalition.
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."[16]
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. 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.[2]
As it appeared on the Florida ballot on November 6, 2018, the text of the amendment read:[17]
provided by the Florida Division of Elections.[18] 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 all proposed amendments or revisions to the state constitution be approved by voters in one election, instead of two, in order to take effect.
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. |
Opposition
Opponents
Political Parties
- Miami Dade Democratic Party[19]
Organizations
Arguments
- Ellen Freidin of Fair Districts Florida: "We cannot let our guard down and allow the powerful to indulge their worst tendencies to grab all the control for themselves. Florida voters should see Number 4 for what it is, a shameless effort to take away the people's control over what goes into our constitution. We simply cannot give up our most effective tool for change."[21]
- ACLU of Florida: "Florida voters' right to participate directly in our democracy is protected by Florida's constitution. Yet, Ballot initiative #4 would impede that right and make it twice as hard and twice as expensive for Floridians' voices to be heard." Ballot Initiative #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. Essentially, an amendment approved by Florida voters would not count unless it passed a second time in the next election. In other words, it negates the will of the people and requires them to try again a second time in order to get something passed. It is an effort to stifle the choices Floridians have made to improve our democracy. Florida voters have a right to participate directly in our democracy and that right is protected by Florida's constitution. Yet, Ballot Initiative #4 would impede that right and make it harder for Floridians voices to be heard."[22]
Media editorials
Support
Opposition
Campaign finance
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 cost per required signature (CPRS) for Amendment 4 was $11.48.
Support
Committees in support of Amendment 4 | |||||
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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 |
See also
References
- "Election Results". Associated Press. Retrieved November 10, 2020.
- Sangalang, Jennifer. "Amendment 4, vote yes or no on 2020 election? Here's what 10 Florida newspapers recommend". Florida Today. Retrieved 2020-10-16.
- "Florida could make it tougher to amend state constitution". AP NEWS. 2019-04-02. Retrieved 2020-10-17.
- "Constitutional Amendments - Division of Elections - Florida Department of State". dos.myflorida.com. Retrieved 2020-10-17.
- "What you need to know about the 6 constitutional amendments on Florida ballots". firstcoastnews.com. Retrieved 2020-10-17.
- Conza, Sabrina. "Dark Money Nonprofit Wants Florida Voters To Vote Twice On Future Amendments". WUFT News. Retrieved 2020-10-17.
- ProPublica, Lawrence Mower and Langston Taylor. "Florida's landmark voting rights amendment was gutted by the Legislature". Orlando Weekly. Retrieved 2020-10-17.
- "Florida could make it tougher to amend state constitution". AP NEWS. 2019-04-02. Retrieved 2020-10-17.
- "Amendment 4 Asks Florida Voters to Make it Harder to Change the Constitution Going Forward". NBC 6 South Florida. Retrieved 2020-10-17.
- "Initiative and Referendum in the 21st Century". www.ncsl.org. Retrieved 2020-10-17.
- Mahe, Miranda (14 July 2010). "THE NATIONAL CONFERENCE OF STATE LEGISLATURES' ATTEMPT TO REFORM THE INITIATIVE PROCESS". What Nevada Needs to do to Heed the NCSL's Advice. Vol. 10:535: 544, seq. 10 – via UNLV Law.
- Writers, Steven Walker and Anna Wilder, Staff. "Learn about Amendments 1 and 4, which could change future ballot measures and language in Florida constitution". The Independent Florida Alligator. Retrieved 2020-10-17.
- TaxWatch, Florida. "Amendment 4: Should amendments be approved in two elections?". Sun Newspapers. Retrieved 2020-10-17.
- "Dark money fuels effort to hinder FL citizens from changing Constitution — 'It's just the way it happened'". Florida Phoenix. 2020-10-16. Retrieved 2020-10-17.
- "ACLU of Florida 2020 Ballot Guide". ACLU of Florida. 2020-09-30. Retrieved 2020-10-17.
- Aboraya, Abe (2020-09-15). "What is Florida's Amendment 4, the Voter Approval of Constitutional Amendments?". 90.7 WMFE. Retrieved 2020-10-17.
- 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.
- September 23, Miami-Dade Democratic Party |; 2020. "Florida 2020 Amendment Recommendations". Miami-Dade Democratic Party. Retrieved 2020-10-17.CS1 maint: numeric names: authors list (link)
- Garcia, Jason. "Secretive group pushing Florida constitutional amendment raised money linked to big businesses | Exclusive". orlandosentinel.com. Retrieved 2020-10-17.
- FREIDIN, ELLEN (September 18, 2020). "As a Floridian, preserve your right to do what politicians won't : Vote No on Amendment 4| Opinion". Miami Herald.
- "2020 Ballot Positions Overview". Let Me Vote Florida. Retrieved 2020-10-17.
- Board, Sun Sentinel Editorial. "Vote "NO" on Florida Amendments 1 and 4; one is gimmicky, the other is misleading and dangerous | Editorial". sun-sentinel.com. Retrieved 2020-10-17.
- Board, Orlando Sentinel Editorial. "Endorsement: Vote no amendment No. 4, a naked attempt to stop citizens from amending Florida's constitution". orlandosentinel.com. Retrieved 2020-10-17.
- Board, The Herald-Tribune Editorial. "OUR VIEW: Florida constitutional amendment recommendations from our editorial board". Sarasota Herald-Tribune. Retrieved 2020-10-17.
- The Miami Herald Editorial Board (October 11, 2020). "Here are our recommendations for Florida's six constitutional amendments | Editorial". Miami Herald.
- "Amendment 4 would take power from the people". The Ledger. Retrieved 2020-10-17.
- "Amendment 4: The Times Editorial Board recommendation". Tampa Bay Times. Retrieved 2020-10-17.