Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SJR 1672 Barcode 813108 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the resolving clause 4 and insert: 5 That the following amendment to Section 10 of Article V of 6 the State Constitution is agreed to and shall be submitted to 7 the electors of this state for approval or rejection at the next 8 general election or at an earlier special election specifically 9 authorized by law for that purpose: 10 ARTICLE V 11 JUDICIARY 12 SECTION 10. Retention; election and terms.— 13 (a) Any justice or judge may qualify for retention by a 14 vote of the electors in the general election next preceding the 15 expiration of the justice’s or judge’s term in the manner 16 prescribed by law. If a justice or judge is ineligible or fails 17 to qualify for retention, a vacancy shall exist in that office 18 upon the expiration of the term being served by the justice or 19 judge. When a justice or judge so qualifies, the ballot shall 20 read substantially as follows: “Shall Justice (or Judge) 21 ...(name of justice or judge)... of the ...(name of the 22 court)... be retained in office?” If a majority of the qualified 23 electors voting within the territorial jurisdiction of the court 24 vote to retain, the justice or judge shall be retained for a 25 term of six years. The term of the justice or judge retained 26 shall commence on the first Tuesday after the first Monday in 27 January following the general election. If a majority of the 28 qualified electors voting within the territorial jurisdiction of 29 the court vote to not retain, a vacancy shall exist in that 30 office upon the expiration of the term being served by the 31 justice or judge. If at least 40 percent of the qualified 32 electors within the territorial jurisdiction of the court vote 33 not to retain a justice or judge, the Governor, with the advice 34 and consent of a two-thirds majority of the Senate, may declare 35 a vacancy of that office upon the expiration of the term being 36 served by the 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 BE IT FURTHER RESOLVED that the following statement be 74 placed on the ballot: 75 CONSTITUTIONAL AMENDMENT 76 ARTICLE V, SECTION 10 77 BROADER PUBLIC SUPPORT FOR RETENTION OF JUSTICES AND 78 JUDGES.—This proposed amendment increases the threshold of 79 public support needed to retain justices and judges chosen by 80 merit selection and retention. Under current law, a justice or 81 judge who appears on the ballot in a retention election is 82 retained if a simple majority of electors vote to retain the 83 justice or judge. This amendment provides that a justice or 84 judge who appears on the ballot in a retention election is 85 retained if at least 40 percent of qualified electors vote to 86 retain the justice or judge. This amendment also authorizes the 87 Governor, with the advice and consent of a two-thirds majority 88 of the Senate, to declare a vacancy of the justice or judge’s 89 office upon the expiration of his or her term. The amendment 90 does not apply to judges who are chosen by election and not by 91 merit selection and retention. This amendment takes effect 92 immediately upon approval by the voters and applies to retention 93 elections beginning with the 2012 General Election. 94 95 BE IT FURTHER RESOLVED that the following statement be 96 placed on the ballot if a court declares the preceding statement 97 defective and the decision of the court is not reversed: 98 CONSTITUTIONAL AMENDMENT 99 ARTICLE V, SECTION 10 100 RETENTION OF JUSTICES AND JUDGES.—Currently, retention of a 101 justice or judge who seeks a new 6-year term requires a simple 102 majority vote of the qualified electors voting within the 103 territorial jurisdiction of the court. This amendment increases 104 the requirement to at least 40 percent of those qualified 105 electors. The amendment takes effect as soon as it is approved 106 by the electors, and it applies to any vote to retain a justice 107 or judge on the ballot in the same general election. 108 109 BE IT FURTHER RESOLVED that the following statement be 110 placed on the ballot if a court declares the preceding statement 111 defective and the decision of the court is not reversed: 112 CONSTITUTIONAL AMENDMENT 113 ARTICLE V, SECTION 10 114 INCREASING THE THRESHOLD REQUIRED TO RETAIN JUSTICES AND 115 JUDGES.—Proposing an amendment to the State Constitution to 116 increase the threshold required to retain justices and judges. 117 Under current law, a justice or judge appears on the ballot at 118 the end of each term of office for a retention election. If a 119 majority of the votes cast are for retention, the justice or 120 judge continues in office, but if a majority votes not to 121 retain, the justice or judge is removed from office at the end 122 of the term of office. This amendment changes the threshold to 123 at least 40 percent; that is, of the votes cast, 40 percent or 124 more would have to be votes to retain the justice or judge in 125 order for the justice or judge to retain his or her office for 126 another term. This provision will apply to all state court 127 appellate justices and judges, but will apply only to trial 128 court judges in your judicial circuit or your county if your 129 circuit or county has approved merit selection and retention; 130 otherwise, this proposed amendment will not affect your circuit 131 court judges or county court judges, respectively. The amendment 132 applies immediately to any justice or judge who is on the ballot 133 for a retention vote in this election. 134 135 BE IT FURTHER RESOLVED that the following statement be 136 placed on the ballot if a court declares the preceding statement 137 defective and the decision of the court is not reversed: 138 CONSTITUTIONAL AMENDMENT 139 ARTICLE V, SECTION 10 140 INCREASING THE VOTE REQUIRED TO RETAIN A JUSTICE OR JUDGE. 141 The State Constitution currently provides that a justice or 142 judge qualifies to be retained in office for an additional term 143 by receiving the votes of a majority of the qualified electors 144 voting within the court’s jurisdiction in an election before the 145 term of the justice or judge ends. This proposed amendment 146 raises the required votes for retention from a majority of the 147 qualified electors voting within the court’s jurisdiction to at 148 least 40 percent. If more than 40 percent of qualified electors 149 vote against retention, the Governor, with the advice and 150 consent of a two-thirds majority of the Senate, may declare a 151 vacancy in the office when the justice’s or judge’s term 152 expires. The proposed amendment takes effect immediately and 153 applies beginning with any judicial retention vote that is 154 occurring in this same general election. 155 156 ================= T I T L E A M E N D M E N T ================ 157 And the title is amended as follows: 158 Delete everything before the resolving clause 159 and insert: 160 A bill to be entitled 161 A joint resolution proposing an amendment to Section 162 10 of Article V of the State Constitution to increase 163 the vote required to retain a justice or judge in a 164 judicial office and to provide for the increased vote 165 requirement to apply beginning with retention 166 elections during the 2012 General Election.