| 1 | A bill to be entitled |
| 2 | An act relating to election ballots; amending s. 101.161, |
| 3 | F.S.; revising terminology; transferring to a new |
| 4 | subsection requirements applicable to joint resolutions; |
| 5 | providing that a joint resolution may include a ballot |
| 6 | summary and alternate ballot summaries; providing that a |
| 7 | joint resolution must specify placement on the ballot of a |
| 8 | ballot summary or the full text of an amendment or |
| 9 | revision; creating a presumption that the full text of an |
| 10 | amendment or revision must be considered a clear and |
| 11 | unambiguous statement of the substance and effect of an |
| 12 | amendment or revision proposed by joint resolution and |
| 13 | sufficient notice to the electors under certain |
| 14 | circumstances; requiring legal challenges to ballot |
| 15 | language specified by joint resolution to be filed within |
| 16 | certain time periods; requiring placement on the ballot of |
| 17 | the full text of an amendment or revision proposed by |
| 18 | joint resolution if the courts find the ballot summary |
| 19 | defective; requiring the courts to accord actions |
| 20 | challenging ballot language specified by a joint |
| 21 | resolution priority over other pending cases and issue |
| 22 | orders as expeditiously as possible; providing retroactive |
| 23 | applicability to joint resolutions passed during the 2011 |
| 24 | regular session; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Subsections (1) and (2) of section 101.161, |
| 29 | Florida Statutes, are amended, and subsection (4) is added to |
| 30 | that section, to read: |
| 31 | 101.161 Referenda; ballots.- |
| 32 | (1) Whenever a constitutional amendment or other public |
| 33 | measure is submitted to the vote of the people, a ballot summary |
| 34 | the substance of such amendment or other public measure shall be |
| 35 | printed in clear and unambiguous language on the ballot after |
| 36 | the list of candidates, followed by the word "yes" and also by |
| 37 | the word "no," and shall be styled in such a manner that a "yes" |
| 38 | vote will indicate approval of the proposal and a "no" vote will |
| 39 | indicate rejection. The ballot summary wording of the substance |
| 40 | of the amendment or other public measure and the ballot title to |
| 41 | appear on the ballot shall be embodied in the joint resolution, |
| 42 | constitutional revision commission proposal, constitutional |
| 43 | convention proposal, taxation and budget reform commission |
| 44 | proposal, or enabling resolution or ordinance. Except for |
| 45 | amendments and ballot language proposed by joint resolution, The |
| 46 | ballot summary substance of the amendment or other public |
| 47 | measure shall be an explanatory statement, not exceeding 75 |
| 48 | words in length, of the chief purpose of the measure. In |
| 49 | addition, for every amendment proposed by initiative, the ballot |
| 50 | shall include, following the ballot summary, a separate |
| 51 | financial impact statement concerning the measure prepared by |
| 52 | the Financial Impact Estimating Conference in accordance with s. |
| 53 | 100.371(5). The ballot title shall consist of a caption, not |
| 54 | exceeding 15 words in length, by which the measure is commonly |
| 55 | referred to or spoken of. This subsection does not apply to |
| 56 | constitutional amendments or revisions proposed by joint |
| 57 | resolution. |
| 58 | (2) The ballot summary substance and ballot title of a |
| 59 | constitutional amendment proposed by initiative shall be |
| 60 | prepared by the sponsor and approved by the Secretary of State |
| 61 | in accordance with rules adopted pursuant to s. 120.54. The |
| 62 | Department of State shall give each proposed constitutional |
| 63 | amendment a designating number for convenient reference. This |
| 64 | number designation shall appear on the ballot. Designating |
| 65 | numbers shall be assigned in the order of filing or |
| 66 | certification and in accordance with rules adopted by the |
| 67 | Department of State. The Department of State shall furnish the |
| 68 | designating number, the ballot title, and the ballot summary |
| 69 | substance of each amendment, unless otherwise specified in a |
| 70 | joint resolution, to the supervisor of elections of each county |
| 71 | in which such amendment is to be voted on. |
| 72 | (4)(a) Whenever a constitutional amendment or revision is |
| 73 | proposed by joint resolution, the joint resolution shall include |
| 74 | a ballot title consisting of a caption, not exceeding 15 words |
| 75 | in length, by which the measure is commonly referred to or |
| 76 | spoken of. The joint resolution may include a ballot summary and |
| 77 | alternate ballot summaries that describe the chief purpose of |
| 78 | the amendment or revision in clear and unambiguous language. The |
| 79 | joint resolution shall specify placement on the ballot of a |
| 80 | ballot title and either a ballot summary embodied in the joint |
| 81 | resolution or the full text of the proposed amendment or |
| 82 | revision. As specified by the joint resolution, the ballot title |
| 83 | and ballot summary, or the ballot title and the full text of the |
| 84 | proposed amendment or revision, shall be printed on the ballot, |
| 85 | with a designating number assigned by the Secretary of State |
| 86 | pursuant to subsection (2), after the list of candidates, |
| 87 | followed by the word "yes" and also by the word "no," and shall |
| 88 | be styled in such a manner that a "yes" vote will indicate |
| 89 | approval of the proposal and a "no" vote will indicate |
| 90 | rejection. The Department of State shall furnish the designating |
| 91 | number and, as specified by the joint resolution proposing an |
| 92 | amendment or revision, the ballot title and a ballot summary or |
| 93 | the full text of the amendment or revision to the supervisor of |
| 94 | elections of each county in which the amendment or revision is |
| 95 | to be voted on. |
| 96 | (b) If a joint resolution specifies placement on the |
| 97 | ballot of the full text of a proposed amendment or revision, and |
| 98 | the full text of the proposed amendment or revision delineates |
| 99 | existing text in the State Constitution that will be removed or |
| 100 | replaced if approved by the electors, the full text shall be |
| 101 | considered a clear and unambiguous statement of the substance |
| 102 | and effect of the amendment or revision, providing fair notice |
| 103 | to the electors of the content of the proposed amendment or |
| 104 | revision and sufficiently advising electors of the issue upon |
| 105 | which they are voting. Any judicial action challenging placement |
| 106 | on the ballot of the full text of a proposed amendment or |
| 107 | revision must be commenced within 30 days after the joint |
| 108 | resolution is filed with the Secretary of State. |
| 109 | (c) Any action for a judicial determination that the |
| 110 | ballot title, ballot summary, or alternate ballot summaries |
| 111 | embodied in a joint resolution are inaccurate, misleading, or |
| 112 | otherwise defective must be commenced within 30 days after the |
| 113 | joint resolution is filed with the Secretary of State. If the |
| 114 | court determines that each ballot summary embodied in a joint |
| 115 | resolution is defective, the full text of the proposed amendment |
| 116 | or revision shall appear on the ballot in lieu of a ballot |
| 117 | summary. If the full text of the proposed amendment or revision |
| 118 | delineates existing text in the State Constitution that will be |
| 119 | removed or replaced if approved by the electors, the full text |
| 120 | shall be considered a clear and unambiguous statement of the |
| 121 | substance and effect of the amendment or revision, providing |
| 122 | fair notice to the electors of the content of the proposal and |
| 123 | sufficiently advising electors of the issue upon which they are |
| 124 | voting. Any subsequent judicial action challenging placement on |
| 125 | the ballot of the full text of a proposed amendment or revision |
| 126 | must be commenced within 15 days after issuance of the final |
| 127 | order in the matter. |
| 128 | (d) Legal actions challenging ballot language specified by |
| 129 | a joint resolution proposing an amendment or revision to the |
| 130 | State Constitution shall be accorded priority over other pending |
| 131 | cases by the courts, including any appellate court, and the |
| 132 | courts shall render decisions in such actions as expeditiously |
| 133 | as possible. |
| 134 | Section 2. This act applies retroactively to all joint |
| 135 | resolutions adopted by the Legislature during the 2011 Regular |
| 136 | Session, except that any legal action challenging a ballot title |
| 137 | or ballot summary embodied in such joint resolution or |
| 138 | challenging placement on the ballot of the full text of the |
| 139 | proposed amendment or revision to the State Constitution as |
| 140 | specified in such joint resolution must be commenced within 30 |
| 141 | days after the effective date of this act or within 30 days |
| 142 | after the joint resolution to which a challenge relates is filed |
| 143 | with the Secretary of State, whichever occurs later. |
| 144 | Section 3. This act shall take effect upon becoming a law. |