House Bill 1955e1

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                                   CS/HB 1955, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to referenda ballots; amending

  3         s. 101.161, F.S.; providing that ballot

  4         language proposed by joint resolution is

  5         presumed to be clear and unambiguous; exempting

  6         amendments and ballot language proposed by

  7         joint resolution from length restrictions that

  8         apply to the ballot statement; revising ballot

  9         language used to change the method of selecting

10         circuit and county court judges; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 101.161, Florida Statutes, is

16  amended to read:

17         101.161  Referenda; ballots.--

18         (1)  Whenever a constitutional amendment or other

19  public measure is submitted to the vote of the people, the

20  substance of such amendment or other public measure shall be

21  printed in clear and unambiguous language on the ballot after

22  the list of candidates, followed by the word "yes" and also by

23  the word "no," and shall be styled in such a manner that a

24  "yes" vote will indicate approval of the proposal and a "no"

25  vote will indicate rejection. The substance of the ballot

26  language proposed by joint resolution shall be deemed to be

27  clear and unambiguous for the purposes of this section. The

28  wording of the substance of the amendment or other public

29  measure and the ballot title to appear on the ballot shall be

30  embodied in the joint resolution, constitutional revision

31  commission proposal, constitutional convention proposal,


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                                   CS/HB 1955, First Engrossed/ntc



  1  taxation and budget reform commission proposal, or enabling

  2  resolution or ordinance. Except for ballot language proposed

  3  by joint resolution, the substance of the amendment or other

  4  public measure shall be an explanatory statement, not

  5  exceeding 75 words in length, of the chief purpose of the

  6  measure.  The ballot title shall consist of a caption, not

  7  exceeding 15 words in length, by which the measure is commonly

  8  referred to or spoken of.

  9         (2)  The substance and ballot title of a constitutional

10  amendment proposed by initiative shall be prepared by the

11  sponsor and approved by the Secretary of State in accordance

12  with rules adopted pursuant to s. 120.54. The Department of

13  State shall give each proposed constitutional amendment a

14  designating number for convenient reference.  This number

15  designation shall appear on the ballot. Designating numbers

16  shall be assigned in the order of filing or certification of

17  the amendments.  The Department of State shall furnish the

18  designating number, the ballot title, and the substance of

19  each amendment to the supervisor of elections of each county

20  in which such amendment is to be voted on.

21         (3)(a)  The ballot for the general election in the year

22  2000 must contain a statement allowing voters to determine

23  whether circuit or county court judges will be selected by

24  merit selection and retention as provided in s. 10, Art. V of

25  the State Constitution. The ballot in each circuit must

26  contain the statement in paragraph (c). The ballot in each

27  county must contain the statement in paragraph (e).

28         (b)  For any general election in which the Secretary of

29  State, for any circuit, or the supervisor of elections, for

30  any county, has certified the ballot position for an

31  initiative to change the method of selection of judges, the


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                                   CS/HB 1955, First Engrossed/ntc



  1  ballot for any circuit must contain the statement in paragraph

  2  (c) or paragraph (d) and the ballot for any county must

  3  contain the statement in paragraph (e) or paragraph (f).

  4         (c)  In any circuit where the initiative is to change

  5  the selection of circuit court judges to selection by merit

  6  selection and retention, the ballot shall state: "Shall the

  7  method of selecting circuit court judges in the ...(number of

  8  the circuit)... judicial circuit be changed from election by a

  9  vote of the people to selection by the judicial nominating

10  commission and appointment by the Governor with subsequent

11  terms determined by a retention vote of the people selected

12  through merit selection and retention?" This statement must be

13  followed by the word "yes" and also by the word "no."

14         (d)  In any circuit where the initiative is to change

15  the selection of circuit court judges to election by the

16  voters, the ballot shall state: "Shall the method of selecting

17  circuit court judges in the ...(number of the circuit)...

18  judicial circuit be changed from selection by the judicial

19  nominating commission and appointment by the Governor with

20  subsequent terms determined by a retention vote of the people

21  to election by a vote of the people selected by vote of the

22  electorate of the circuit?" This statement must be followed by

23  the word "yes" and also by the word "no."

24         (e)  In any county where the initiative is to change

25  the selection of county court judges to merit selection and

26  retention, the ballot shall state: "Shall the method of

27  selecting county court judges in ...(name of county)... be

28  changed from election by a vote of the people to selection by

29  the judicial nominating commission and appointment by the

30  Governor with subsequent terms determined by a retention vote

31  of the people selected through merit selection and retention?"


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                                   CS/HB 1955, First Engrossed/ntc



  1  This statement must be followed by the word "yes" and also by

  2  the word "no."

  3         (f)  In any county where the initiative is to change

  4  the selection of county court judges to election by the

  5  voters, the ballot shall state: "Shall the method of selecting

  6  county court judges in ...(name of the county)... be changed

  7  from selection by the judicial nominating commission and

  8  appointment by the Governor with subsequent terms determined

  9  by a retention vote of the people to election by a vote of the

10  people selected by vote of the electorate of the county?" This

11  statement must be followed by the word "yes" and also by the

12  word "no."

13         Section 2.  This act shall take effect upon becoming a

14  law.

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