Florida Senate - 2011 SJR 1672 By Senator Flores 38-01493A-11 20111672__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 3 10 of Article V and the creation of Section 32 of 4 Article XII of the State Constitution to increase the 5 vote required to retain a justice or judge in a 6 judicial office and to provide for the increased vote 7 requirement to apply beginning with retention 8 elections during the 2012 General Election. 9 10 Be It Resolved by the Legislature of the State of Florida: 11 12 That the following amendment to Section 10 of Article V and 13 the creation of Section 32 of Article XII of the State 14 Constitution are agreed to and shall be submitted to the 15 electors of this state for approval or rejection at the next 16 general election or at an earlier special election specifically 17 authorized by law for that purpose: 18 ARTICLE V 19 JUDICIARY 20 SECTION 10. Retention; election and terms.— 21 (a) Any justice or judge may qualify for retention by a 22 vote of the electors in the general election next preceding the 23 expiration of the justice’s or judge’s term in the manner 24 prescribed by law. If a justice or judge is ineligible or fails 25 to qualify for retention, a vacancy shall exist in that office 26 upon the expiration of the term being served by the justice or 27 judge. When a justice or judge so qualifies, the ballot shall 28 read substantially as follows: “Shall Justice (or Judge) 29 ...(name of justice or judge)... of the ...(name of the 30 court)... be retained in office?” If at least sixty percenta31majorityof the qualified electors voting within the territorial 32 jurisdiction of the court vote to retain, the justice or judge 33 shall be retained for a term of six years. The term of the 34 justice or judge retained shall commence on the first Tuesday 35 after the first Monday in January following the general 36 election. If more than forty percenta majorityof the qualified 37 electors voting within the territorial jurisdiction of the court 38 vote to not retain, a vacancy shall exist in that office upon 39 the expiration of the term being served by the justice or judge. 40 (b)(1) The election of circuit judges shall be preserved 41 notwithstanding the provisions of subsection (a) unless a 42 majority of those voting in the jurisdiction of that circuit 43 approves a local option to select circuit judges by merit 44 selection and retention rather than by election. The election of 45 circuit judges shall be by a vote of the qualified electors 46 within the territorial jurisdiction of the court. 47 (2) The election of county court judges shall be preserved 48 notwithstanding the provisions of subsection (a) unless a 49 majority of those voting in the jurisdiction of that county 50 approves a local option to select county judges by merit 51 selection and retention rather than by election. The election of 52 county court judges shall be by a vote of the qualified electors 53 within the territorial jurisdiction of the court. 54 (3)a. A vote to exercise a local option to select circuit 55 court judges and county court judges by merit selection and 56 retention rather than by election shall be held in each circuit 57 and county at the general election in the year 2000. If a vote 58 to exercise this local option fails in a vote of the electors, 59 such option shall not again be put to a vote of the electors of 60 that jurisdiction until the expiration of at least two years. 61 b. After the year 2000, a circuit may initiate the local 62 option for merit selection and retention or the election of 63 circuit judges, whichever is applicable, by filing with the 64 custodian of state records a petition signed by the number of 65 electors equal to at least ten percent of the votes cast in the 66 circuit in the last preceding election in which presidential 67 electors were chosen. 68 c. After the year 2000, a county may initiate the local 69 option for merit selection and retention or the election of 70 county court judges, whichever is applicable, by filing with the 71 supervisor of elections a petition signed by the number of 72 electors equal to at least ten percent of the votes cast in the 73 county in the last preceding election in which presidential 74 electors were chosen. The terms of circuit judges and judges of 75 county courts shall be for six years. 76 ARTICLE XII 77 SCHEDULE 78 SECTION 32. Increased threshold for retention of justices 79 and judges.—The amendment to Section 10 of Article V increasing 80 the threshold needed to retain a justice or judge chosen by 81 merit selection and retention to at least sixty percent of the 82 qualified electors voting within the territorial jurisdiction of 83 the court, and this section, takes effect upon approval by the 84 electors and applies beginning with any retention vote during 85 the 2012 general election. 86 BE IT FURTHER RESOLVED that the following statement be 87 placed on the ballot: 88 CONSTITUTIONAL AMENDMENT 89 ARTICLE V, SECTION 10 90 ARTICLE XII, SECTION 32 91 BROADER PUBLIC SUPPORT FOR RETENTION OF JUSTICES AND 92 JUDGES.—This proposed amendment increases the threshold of 93 public support needed to retain justices and judges chosen by 94 merit selection and retention. Under current law, a justice or 95 judge who appears on the ballot in a retention election is 96 retained if a simple majority of electors vote to retain the 97 justice or judge. This amendment provides that a justice or 98 judge who appears on the ballot in a retention election is 99 retained if at least 60 percent of electors vote to retain the 100 justice or judge. The amendment does not apply to judges who are 101 chosen by election and not by merit selection and retention. 102 This amendment takes effect immediately upon approval by the 103 voters and applies to retention elections beginning with the 104 2012 General Election. 105 106 BE IT FURTHER RESOLVED that the following statement be 107 placed on the ballot if a court declares the preceding statement 108 defective and the decision of the court is not reversed: 109 CONSTITUTIONAL AMENDMENT 110 ARTICLE V, SECTION 10 111 ARTICLE XII, SECTION 32 112 RETENTION OF JUSTICES AND JUDGES.—Currently, retention of a 113 justice or judge who seeks a new 6-year term requires a simple 114 majority vote of the qualified electors voting within the 115 territorial jurisdiction of the court. This amendment increases 116 the requirement to at least 60 percent of those qualified 117 electors. The amendment takes effect as soon as it is approved 118 by the electors, and it applies to any vote to retain a justice 119 or judge on the ballot in the same general election. 120 121 BE IT FURTHER RESOLVED that the following statement be 122 placed on the ballot if a court declares the preceding statement 123 defective and the decision of the court is not reversed: 124 CONSTITUTIONAL AMENDMENT 125 ARTICLE V, SECTION 10 126 ARTICLE XII, SECTION 32 127 INCREASING THE THRESHOLD REQUIRED TO RETAIN JUSTICES AND 128 JUDGES.—Proposing an amendment to the State Constitution to 129 increase the threshold required to retain justices and judges. 130 Under current law, a justice or judge appears on the ballot at 131 the end of each term of office for a retention election. If a 132 majority of the votes cast are for retention, the justice or 133 judge continues in office, but if a majority votes not to 134 retain, the justice or judge is removed from office at the end 135 of the term of office. This amendment changes the threshold to 136 60 percent; that is, of the votes cast, 60 percent or more would 137 have to be votes to retain the justice or judge in order for the 138 justice or judge to retain his or her office for another term. 139 This provision will apply to all state court appellate justices 140 and judges, but will apply only to trial court judges in your 141 judicial circuit or your county if your circuit or county has 142 approved merit selection and retention; otherwise, this proposed 143 amendment will not affect your circuit court judges or county 144 court judges, respectively. The amendment applies immediately to 145 any justice or judge who is on the ballot for a retention vote 146 in this election. 147 148 BE IT FURTHER RESOLVED that the following statement be 149 placed on the ballot if a court declares the preceding statement 150 defective and the decision of the court is not reversed: 151 CONSTITUTIONAL AMENDMENT 152 ARTICLE V, SECTION 10 153 ARTICLE XII, SECTION 32 154 INCREASING THE VOTE REQUIRED TO RETAIN A JUSTICE OR JUDGE. 155 The State Constitution currently provides that a justice or 156 judge qualifies to be retained in office for an additional term 157 by receiving the votes of a majority of the qualified electors 158 voting within the court’s jurisdiction in an election before the 159 term of the justice or judge ends. This proposed amendment 160 raises the required votes for retention from a majority of the 161 qualified electors voting within the court’s jurisdiction to at 162 least 60 percent. If more than 40 percent of qualified electors 163 vote against retention, there will be a vacancy in the office 164 when the justice’s or judge’s term expires. The proposed 165 amendment takes effect immediately and applies beginning with 166 any judicial retention vote that is occurring in this same 167 general election.