House Bill 4297e1

CODING: Words stricken are deletions; words underlined are additions.







                                      HB 4297, First Engrossed/ntc



  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:

12

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 150


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 4297, First Engrossed/ntc



  1  75 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, and

  9  the ballot summary in such case may not exceed 75 words in

10  length.

11         (3)  The Department of State shall give each proposed

12  constitutional amendment a designating number for convenient

13  reference.  This number designation shall appear on the

14  ballot. Designating numbers shall be assigned in the order of

15  filing or certification of the amendments.  The Department of

16  State shall furnish the designating number, the ballot title,

17  and the ballot summary substance of each amendment to the

18  supervisor of elections of each county in which such amendment

19  is to be voted on.

20         Section 2.  Section 101.163, Florida Statutes, is

21  created to read:

22         101.163  Review of ballot summaries and titles.--This

23  section provides the exclusive process for review and

24  reformation of ballot summaries and titles for all

25  constitutional amendments submitted to the vote of the people.

26         (1)  The following procedure shall apply to review and

27  reformation of a ballot summary and title of a constitutional

28  amendment proposed by the Legislature, which must be submitted

29  to a vote of the people:

30         After final passage of a measure by the Legislature,

31  the Secretary of State shall submit the proposed ballot


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 4297, First Engrossed/ntc



  1  summary and title to the Attorney General for review.  Within

  2  5 business days, the Attorney General shall, in writing,

  3  notify the Secretary of State, the President of the Senate,

  4  and the Speaker of the House of Representatives as to whether

  5  the proposed ballot summary and title clearly and

  6  unambiguously express the chief purpose of the measure. The

  7  Attorney General shall state with specificity any and all

  8  defects found and if necessary, within 10 business days of

  9  determining that the proposed ballot summary and title are

10  defective, prepare and file a ballot summary and title which

11  clearly and unambiguously express the chief purpose of the

12  measure.

13         (2)  The following procedure shall apply to review and

14  reformation of a ballot summary and title of a constitutional

15  amendment proposed by any other authorized method:

16         (a)  After the filing of a constitutional amendment,

17  or, in the case of an initiative, satisfaction of the

18  conditions expressed in s. 15.21, the Secretary of State shall

19  submit the proposed ballot summary and title to the Attorney

20  General for review as to whether the ballot summary and title

21  to the Attorney General for review as to whether the ballot

22  summary and title clearly and unambiguously express the chief

23  purpose of the measure.  Within 5 business days after filing

24  or transmission by the Secretary of State in accordance with

25  s. 15.21, the Attorney General shall, in writing, notify the

26  Secretary of State as to whether the proposed ballot summary

27  and title clearly and unambiguously express the chief purpose

28  of the measure. The Attorney General shall state with

29  specificity any defect found and, if necessary, within 10

30  business days of determining that the proposed ballot summary

31  and title are defective, prepare and file a ballot summary and


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 4297, First Engrossed/ntc



  1  title which clearly and unambiguously express the chief

  2  purpose of the measure.

  3         (b)  Within 10 business days after completion of the

  4  review and any reformation by the Attorney General, the

  5  Secretary of State shall, if no petition is filed in the

  6  Supreme Court challenging the ballot summary and title,

  7  transmit to the county supervisors of elections an attested

  8  copy of the measure, including the approved ballot summary and

  9  title, and a certification that the requirements of this

10  section have been fulfilled. If a petition is filed with the

11  Supreme Court challenging the ballot summary and title within

12  the time specified in paragraph (c), the Secretary of State

13  shall certify to the county supervisors of elections the

14  ballot summary and title which is finally approved by the

15  Supreme Court.

16         (c)  Any elector who claims that a ballot summary and

17  title do not clearly and unambiguously express the chief

18  purpose of the measure must, within 10 days after the same is

19  filed by the Attorney General with the Secretary of State,

20  petition the Supreme Court. Such petition must include a

21  proposed substitute ballot summary and title for the proposed

22  measure. For the petition to be successful, the petitioner

23  must establish, in order, that:

24         1.  The substitute ballot summary and title clearly and

25  unambiguously express the chief purpose of the measure; and

26         2.  The ballot summary and title approved by the

27  Attorney General do not clearly and unambiguously express the

28  chief purpose of the measure.

29

30

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 4297, First Engrossed/ntc



  1  If the petitioner fails to establish the element required in

  2  subparagraph 1., the petition shall be dismissed without

  3  considering the element in subparagraph 2.

  4         (d)  In the case of more than one successful

  5  petitioner, the court must select the ballot summary and title

  6  that most clearly and unambiguously express the chief purpose

  7  of the measure.

  8         Section 3.  Section 16.061, Florida Statutes, is

  9  amended to read:

10         16.061  Initiative petitions.--

11         (1)  The Attorney General shall, within 30 days after

12  receipt of a proposed revision or amendment to the State

13  Constitution by initiative petition from the Secretary of

14  State, petition the Supreme Court, requesting an advisory

15  opinion regarding the compliance of the text of the proposed

16  amendment or revision with s. 3, Art. XI of the State

17  Constitution and the compliance of the proposed ballot title

18  and substance with s. 101.161.  The petition may enumerate any

19  specific factual issues which the Attorney General believes

20  would require a judicial determination.

21         (2)  A copy of the petition shall be provided to the

22  Secretary of State and the principal officer of the sponsor.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31


                                  5