House Bill 4297
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Florida House of Representatives - 1998 HB 4297
By Representatives Feeney and Crist
1 A bill to be entitled
2 An act relating to elections; amending s.
3 101.161, F.S.; revising language with respect
4 to ballot titles and ballot summaries on
5 referenda; creating s. 101.163, F.S., providing
6 a procedure for review of ballot summaries and
7 ballot titles; amending s. 16.061, F.S.;
8 relating to initiative petitions, to conform to
9 the act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 101.161, Florida Statutes, is
14 amended to read:
15 101.161 Referenda; ballots.--
16 (1) Whenever a constitutional amendment or other
17 public measure is submitted to the vote of the people, a
18 ballot title and a ballot summary containing the substance of
19 such amendment or other public measure shall be printed in
20 clear and unambiguous language on the ballot after the list of
21 candidates, followed by the word "yes" and also by the word
22 "no," and shall be styled in such a manner that a "yes" vote
23 will indicate approval of the proposal and a "no" vote will
24 indicate rejection. The wording of the ballot summary
25 substance of the amendment or other public measure and the
26 ballot title to appear on the ballot shall be embodied in the
27 joint resolution, constitutional revision commission proposal,
28 constitutional convention proposal, taxation and budget reform
29 commission proposal, or enabling resolution or ordinance. The
30 ballot summary substance of the amendment or other public
31 measure shall be an explanatory statement, not exceeding 75
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1 words in length, of the chief purpose of the measure. The
2 ballot title shall consist of a caption, not exceeding 15
3 words in length, by which the measure is commonly referred to
4 or spoken of.
5 (2) The ballot summary substance and ballot title of a
6 constitutional amendment proposed by initiative shall be
7 prepared by the sponsor and approved by the Secretary of State
8 in accordance with rules adopted pursuant to s. 120.54, the
9 substance of which may not exceed 75 words in length. The
10 Department of State shall give each proposed constitutional
11 amendment a designating number for convenient reference. This
12 number designation shall appear on the ballot. Designating
13 numbers shall be assigned in the order of filing or
14 certification of the amendments. The Department of State
15 shall furnish the designating number, the ballot title, and
16 the ballot summary substance of each amendment to the
17 supervisor of elections of each county in which such amendment
18 is to be voted on.
19 Section 2. Section 101.163, Florida Statutes, is
20 created to read:
21 101.163 Review of ballot summaries and titles.--This
22 section provides the exclusive process for review and
23 reformation of ballot summaries and titles for all
24 constitutional amendments and public measures submitted to the
25 vote of the people.
26 (1) When a measure is proposed as a constitutional
27 amendment or after final passage of a measure by the
28 Legislature, the Secretary of State shall submit the proposed
29 ballot summary and title to the Attorney General for review as
30 to legal correctness. Within 5 business days, the Attorney
31 General shall, in writing, notify the Secretary of State, the
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1 President of the Senate, and the Speaker of the House of
2 Representatives as to whether the proposed ballot summary and
3 title clearly express the chief purpose of the measure. The
4 Attorney General shall state with specificity any and all
5 defects found and if necessary, within 10 business days of
6 determining that the proposed ballot summary and title are
7 defective, prepare and file a ballot summary and title which
8 clearly express the chief purpose of the measure. The Attorney
9 General, however, may use no more than 150 words in the ballot
10 summary if necessary to clearly express the chief purpose of
11 the measure.
12 (2) The following procedure shall apply to review and
13 reformation of a ballot summary and title of a constitutional
14 amendment or other public measure proposed by any other
15 authorized method:
16 (a) After filing any other authorized proposal or, in
17 the case of an initiative, satisfaction of the conditions
18 expressed in s. 15.21, the Secretary of State or other filing
19 officer shall submit the proposed ballot summary and title to
20 the Attorney General for review as to whether the ballot
21 summary and title clearly express the chief purpose of the
22 measure. Within 5 business days after filing or transmission
23 by the Secretary of State in accordance with s. 15.21, the
24 Attorney General shall, in writing, notify the Secretary of
25 State as to whether the proposed ballot summary and title
26 clearly express the chief purpose of the measure. The Attorney
27 General shall state with specificity any defect found and, if
28 necessary, within 10 business days of determining that the
29 proposed ballot summary and title are defective, prepare and
30 file a ballot summary and title which clearly express the
31 chief purpose of the measure; and
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1 (b) Within 10 business days after completion of the
2 review and possible reformation by the Attorney General, the
3 Secretary of State shall, if no petition is filed in the
4 Supreme Court challenging the ballot summary and title,
5 transmit to the county supervisors of elections an attested
6 copy of the measure, including the approved ballot summary and
7 title, and a certification that the requirements of this
8 section have been fulfilled. If a petition is filed with the
9 Supreme Court challenging the ballot summary and title within
10 the time specified in paragraph (c), the Secretary of State
11 shall certify to the county supervisors of elections the
12 ballot summary and title which is finally approved by the
13 Supreme Court.
14 (c) Any elector who claims that a ballot summary and
15 title do not clearly express the chief purpose of the measure
16 must, within 10 days after the same is filed by the Attorney
17 General with the Secretary of State, petition the Supreme
18 Court. Such petition must include a proposed substitute ballot
19 summary and title for the proposed measure. For the petition
20 to be successful, the petitioner must establish, in order,
21 that:
22 1. The substitute ballot summary and title clearly
23 express the chief purpose of the measure; and
24 2. The ballot summary and title approved by the
25 Attorney General do not clearly express the chief purpose of
26 the measure.
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28 If the petitioner fails to establish the element required in
29 subparagraph 1., the petition shall be dismissed without
30 considering the element in subparagraph 2.
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1 (d) In the case of more than one successful
2 petitioner, the court must select the ballot summary and title
3 that most clearly express the chief purpose of the measure.
4 Section 3. Section 16.061, Florida Statutes, is
5 amended to read:
6 16.061 Initiative petitions.--
7 (1) The Attorney General shall, within 30 days after
8 receipt of a proposed revision or amendment to the State
9 Constitution by initiative petition from the Secretary of
10 State, petition the Supreme Court, requesting an advisory
11 opinion regarding the compliance of the text of the proposed
12 amendment or revision with s. 3, Art. XI of the State
13 Constitution and the compliance of the proposed ballot title
14 and substance with s. 101.161. The petition may enumerate any
15 specific factual issues which the Attorney General believes
16 would require a judicial determination.
17 (2) A copy of the petition shall be provided to the
18 Secretary of State and the principal officer of the sponsor.
19 Section 4. This act shall take effect upon becoming a
20 law
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23 HOUSE SUMMARY
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Provides a procedure for the review and reformation of
25 ballot summaries and ballot titles for all constitutional
amendments and public measures submitted to the vote of
26 the people in the state. See bill for details.
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