Florida Senate - 2011 SJR 1666 By Senator Flores 38-01517A-11 20111666__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 3 10 of Article V of the State Constitution to require 4 circuit and county judges who are unopposed for 5 reelection to be subject to retention by a vote of the 6 electors. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 10 of Article V of 11 the State Constitution is agreed to and shall be submitted to 12 the electors of this state for approval or rejection at the next 13 general election or at an earlier special election specifically 14 authorized by law for that purpose: 15 ARTICLE V 16 JUDICIARY 17 SECTION 10. Retention; election and terms.— 18 (a) Any justice or judge may qualify for retention by a 19 vote of the electors in the general election next preceding the 20 expiration of the justice’s or judge’s term in the manner 21 prescribed by law. If a justice or judge is ineligible or fails 22 to qualify for retention, a vacancy shall exist in that office 23 upon the expiration of the term being served by the justice or 24 judge. When a justice or judge so qualifies, the ballot shall 25 read substantially as follows: “Shall Justice (or Judge) 26 ...(name of justice or judge)... of the ...(name of the 27 court)... be retained in office?” If a majority of the qualified 28 electors voting within the territorial jurisdiction of the court 29 vote to retain, the justice or judge shall be retained for a 30 term of six years. The term of the justice or judge retained 31 shall commence on the first Tuesday after the first Monday in 32 January following the general election. If a majority of the 33 qualified electors voting within the territorial jurisdiction of 34 the court vote to not retain, a vacancy shall exist in that 35 office upon the expiration of the term being served by the 36 justice or judge. 37 (b)(1) The election of circuit judges shall be preserved 38 notwithstanding the provisions of subsection (a) unless a 39 majority of those voting in the jurisdiction of that circuit 40 approves a local option to select circuit judges by merit 41 selection and retention rather than by election. The election of 42 circuit judges shall be by a vote of the qualified electors 43 within the territorial jurisdiction of the court. 44 (2) The election of county court judges shall be preserved 45 notwithstanding the provisions of subsection (a) unless a 46 majority of those voting in the jurisdiction of that county 47 approves a local option to select county judges by merit 48 selection and retention rather than by election. The election of 49 county court judges shall be by a vote of the qualified electors 50 within the territorial jurisdiction of the court. 51 (3)a. A vote to exercise a local option to select circuit 52 court judges and county court judges by merit selection and 53 retention rather than by election shall be held in each circuit 54 and county at the general election in the year 2000. If a vote 55 to exercise this local option fails in a vote of the electors, 56 such option shall not again be put to a vote of the electors of 57 that jurisdiction until the expiration of at least two years. 58 b. After the year 2000, a circuit may initiate the local 59 option for merit selection and retention or the election of 60 circuit judges, whichever is applicable, by filing with the 61 custodian of state records a petition signed by the number of 62 electors equal to at least ten percent of the votes cast in the 63 circuit in the last preceding election in which presidential 64 electors were chosen. 65 c. After the year 2000, a county may initiate the local 66 option for merit selection and retention or the election of 67 county court judges, whichever is applicable, by filing with the 68 supervisor of elections a petition signed by the number of 69 electors equal to at least ten percent of the votes cast in the 70 county in the last preceding election in which presidential 71 electors were chosen. The terms of circuit judges and judges of 72 county courts shall be for six years. 73 (4) In any election in which a circuit judge or county 74 court judge is unopposed for reelection, the judge shall be 75 subject to election for retention. The judge shall be deemed 76 reelected if at least sixty percent of the qualified electors 77 voting within the territorial jurisdiction of the court vote to 78 retain. If more than forty percent of the qualified electors 79 voting within the territorial jurisdiction of the court vote to 80 not retain, a vacancy shall exist in that office upon the 81 expiration of the term being served by the judge, and the 82 vacancy shall be filled as provided in section 11(b) of this 83 article. 84 BE IT FURTHER RESOLVED that the following statement be 85 placed on the ballot: 86 CONSTITUTIONAL AMENDMENT 87 ARTICLE V, SECTION 10 88 RETENTION ELECTION FOR JUDGES UNOPPOSED FOR REELECTION. 89 This proposed amendment requires county and circuit judges who 90 are unopposed for reelection to appear on the ballot for 91 election by retention. Currently, county and circuit judges who 92 are unopposed for reelection do not appear on the ballot and are 93 deemed reelected. Under this amendment, county and circuit 94 judges who are unopposed for reelection would be subject to a 95 retention vote. The judge would be deemed reelected if at least 96 60 percent of electors voting within the court’s territorial 97 jurisdiction vote for retention. Otherwise, the office would 98 become vacant, and the vacancy would be filled by the Governor 99 in the same manner in which other vacancies in the same office 100 would ordinarily be filled. 101 102 BE IT FURTHER RESOLVED that the following statement be 103 placed on the ballot if a court declares the preceding statement 104 defective and the decision of the court is not reversed: 105 CONSTITUTIONAL AMENDMENT 106 ARTICLE V, SECTION 10 107 REQUIRING A RETENTION VOTE FOR CIRCUIT AND COUNTY COURT 108 JUDGES UNOPPOSED IN REELECTION.—Currently under the State 109 Constitution, a circuit or county court judge who is unopposed 110 in his or her bid for reelection is deemed reelected without 111 appearing on the ballot. The proposed amendment requires circuit 112 and county court judges who are unopposed for reelection to be 113 subject to retention by a vote of the electors in the general 114 election. The requirement would apply in those jurisdictions in 115 which circuit judges and county court judges are elected. The 116 judge will be deemed reelected if at least 60 percent of 117 electors voting within the court’s territorial jurisdiction vote 118 for retention. Otherwise, the office will become vacant, and the 119 vacancy will be filled by the Governor from a list of nominees 120 provided by a judicial nominating commission. 121 122 BE IT FURTHER RESOLVED that the following statement be 123 placed on the ballot if a court declares the preceding statement 124 defective and the decision of the court is not reversed: 125 CONSTITUTIONAL AMENDMENT 126 ARTICLE V, SECTION 10 127 VOTER APPROVAL OF JUDGES UNOPPOSED FOR REELECTION. 128 Proposing an amendment to the State Constitution to provide that 129 voters must determine whether a circuit or county court judge 130 who is unopposed for reelection should be retained in office. 131 The proposed amendment reads as follows: 132 133 In any election in which a circuit judge or county 134 court judge is unopposed for reelection, the judge 135 shall be subject to election for retention. The judge 136 shall be deemed reelected if at least sixty percent of 137 the qualified electors voting within the territorial 138 jurisdiction of the court vote to retain. If more than 139 forty percent of the qualified electors voting within 140 the territorial jurisdiction of the court vote to not 141 retain, a vacancy shall exist in that office upon the 142 expiration of the term being served by the judge, and 143 the vacancy shall be filled as provided in section 144 11(b) of this article. 145 146 Section 11(b) requires that a judicial vacancy be filled by 147 appointment by the Governor from a list of nominees provided by 148 a judicial nominating commission. 149 150 BE IT FURTHER RESOLVED that the following statement be 151 placed on the ballot if a court declares the preceding statement 152 defective and the decision of the court is not reversed: 153 CONSTITUTIONAL AMENDMENT 154 ARTICLE V, SECTION 10 155 REQUIRING VOTER APPROVAL OF CIRCUIT AND COUNTY JUDGES 156 UNOPPOSED FOR REELECTION.—The State Constitution currently does 157 not require a judge who is unopposed for reelection in a circuit 158 or county that selects judges by election to be subject to a 159 retention vote by qualified electors. This proposed amendment 160 specifically requires that, in any election in which a circuit 161 or county judge is unopposed for reelection, the judge will be 162 subject to voter approval through an election for retention. The 163 judge must be approved by at least sixty percent of qualified 164 electors voting within the jurisdiction of the court to be 165 deemed reelected. If more than forty percent of qualified 166 electors voting within the court’s jurisdiction vote against 167 retention, there will be a vacancy in that office when the 168 judge’s term expires.