Florida legislature again proposes higher vote threshold for constitutional amendments

by | Nov 3, 2023

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  • A Joint Resolution filed Friday seeks to amend the state’s constitution by increasing the required majority for passing constitutional amendments from the current 60 percent to 66.67 percent. 
  • The proposal outlined in the resolution would be presented to Florida voters during the next general election or an earlier special election, provided that one would be deemed necessary. 
  • The measure largely mirrors an unsuccessful attempt from the last legislative session.

A Joint Resolution filed on Friday seeks to amend the State Constitution by raising the required elector vote majority for constitutional amendments from 60 percent to two-thirds, requiring a 66.67 percent vote or higher.

Under the current provisions, any amendment or revision to the Florida State Constitution requires a 60 percent approval rate from the electors—that is, 60 percent of voters casting a ballot on the measure must vote in favor of it for the amendment to be adopted.

The proposal outlined in the resolution would be presented to Florida voters during the next general election or an earlier special election, provided that one would be deemed necessary.

“Proposing an amendment to the State Constitution to increase the percentage of elector votes required to approve an amendment to or a revision of the State Constitution from 60 percent to 66.67 percent,” reads the proposal, as it would appear on ballots.

If the proposed amendment receives the required rate of approval by voters, it would go into effect on the first Tuesday after the first Monday in January following the election. Alternatively, it could come into effect on another date if specified in the amendment or revision.

The resolution filed this week largely mirrors an attempt during the last Legislative Session to raise the minimum vote threshold on constitutional amendments. Though it received approval by the Florida House, the legislation ultimately failed to pass the state Senate.

In Florida, there are several methods to propose amendments to the state constitution. Citizens can initiate a constitutional referendum by collecting signatures from registered voters, with the required number being a proportion of votes from the previous presidential election. Once the necessary signatures are obtained, the proposed amendment is presented for a vote during the next general election, and if it receives a majority, it is incorporated into the constitution.

Alternatively, the Florida Legislature can propose amendments through a joint resolution, which, if approved by both legislative chambers and the Governor, is placed on the ballot for public voting in the general election.

The Florida Supreme Court also holds the power to amend the constitution through its interpretations in legal cases.

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