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.