HJR 1363

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VI of the State Constitution relating to suffrage
4and elections, to provide for restoration of felony
5offenders' rights to vote and hold office and to delete
6inoperative provisions.
7
8Be It Resolved by the Legislature of the State of Florida:
9
10     That the amendment to Section 4 of Article VI of the State
11Constitution set forth below is agreed to and shall be submitted
12to the electors of Florida for approval or rejection at the
13general election to be held in November 2006:
14
ARTICLE VI
15
SUFFRAGE AND ELECTIONS
16     SECTION 4.  Disqualifications.--
17     (a)  No person convicted of a felony involving the use or
18threat of physical force or violence against any person, or
19adjudicated in this or any other state to be mentally
20incompetent, shall be qualified to vote or hold office until he
21or she has been released from incarceration and any
22postconviction supervision restoration of civil rights or
23removal of disability. No person adjudicated in this or any
24other state to be mentally incompetent shall be qualified to
25vote or hold office until removal of disability.
26     (b)  No person may appear on the ballot for re-election to
27any of the following offices:
28     (1)  Florida representative,
29     (2)  Florida senator,
30     (3)  Florida Lieutenant governor, or
31     (4)  any office of the Florida cabinet,
32     (5)  U.S. Representative from Florida, or
33     (6)  U.S. Senator from Florida
34
35if, by the end of the current term of office, the person will
36have served (or, but for resignation, would have served) in that
37office for eight consecutive years.
38     BE IT FURTHER RESOLVED that the title and substance of the
39amendment proposed herein shall appear on the ballot as follows:
40
RIGHT TO VOTE AND HOLD OFFICE
41     Proposes an amendment to Section 4 of Article VI of the
42State Constitution to provide that a felony offender whose
43offense did not involve the use or threat of physical force or
44violence against any person would no longer be disqualified from
45voting and holding office and one whose offense did involve the
46use or threat of physical force or violence against any person
47would have such disqualification removed once released from
48incarceration and postconviction supervision. The amendment also
49deletes inoperative provisions relating to term limits for
50members of Congress and U.S. Senators, which provisions have
51been determined by the U.S. Supreme Court to violate the U.S.
52Constitution.


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