Florida Senate - 2012 SJR 422 By Senator Smith 29-00409-12 2012422__ 1 Senate Joint Resolution 2 A joint resolution proposing the creation of Section 8 3 of Article VI of the State Constitution to provide for 4 the recall of the Governor, Lieutenant Governor, 5 members of the Cabinet, and legislators. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following creation of Section 8 of Article VI of 10 the State Constitution is agreed to and shall be submitted to 11 the electors of this state for approval or rejection at the next 12 general election or at an earlier special election specifically 13 authorized by law for that purpose: 14 ARTICLE VI 15 SUFFRAGE AND ELECTIONS 16 SECTION 8. Recall of governor, lieutenant governor, members 17 of the cabinet, and legislators.— 18 (a) Recall is the power of the electors to remove a person 19 from elective office before his or her term expires. The 20 governor, lieutenant governor, members of the cabinet, and 21 legislators may be removed from office by the electors in a 22 recall election. This method of removing persons from elective 23 office is in addition to any other method provided by this 24 constitution or general law. 25 (b) The recall of a public official under this section is 26 initiated by delivering to the custodian of state records a 27 petition containing the name of the person sought to be recalled 28 and the alleged reason for the recall. The sufficiency of the 29 reason is not reviewable. Proponents have 120 days to circulate 30 and file signed petitions, and the custodian of state records 31 shall maintain a continuous count of the signatures certified to 32 that office. 33 (c) A petition to recall a public official other than a 34 legislator under this section must contain signatures from each 35 of the 67 counties in the state, and the signatures must equal 36 15 percent of the total votes cast in the last election for the 37 office. All electors of the state may sign the petition to 38 recall the official. If the recall petition is successful and a 39 recall election is held, all electors in the state may vote in 40 the recall election. 41 (d) A petition to recall a legislator must contain 42 signatures equal to 20 percent of the total votes cast in the 43 last election for the office. Only electors of the district the 44 legislator represents may sign the petition to recall the 45 legislator. If the recall petition is successful and a recall 46 election is held, only electors of the district the legislator 47 represents may vote in the recall election. 48 (e) Notwithstanding any other provision of this 49 constitution or law, if the petition to hold a recall election 50 under this section is successful, the election for a successor 51 to the office shall be held simultaneously with the recall 52 election. The election to determine whether to recall a public 53 official under this section and elect a successor shall be 54 called by the custodian of state records and held not less than 55 60 days nor more than 80 days after the date of certification of 56 the number of sufficient signatures. However, if the next 57 regularly scheduled election is to be held within 100 days after 58 the date of certification of sufficient signatures, the 59 custodian of state records may schedule the recall election on 60 the same date as the regularly scheduled election. The public 61 official who is the subject of the recall may not be a candidate 62 for the office. 63 (f) If the majority vote on the question is to recall the 64 public official, the official shall be removed and the candidate 65 who receives the highest number of votes cast in the election 66 held simultaneously to fill the vacancy in office shall be the 67 successor for the remainder of the term. If the public official 68 who is the subject of the petition is not recalled, he or she 69 shall be reimbursed by the state for any recall election 70 expenses that were personally and legally incurred and a 71 subsequent recall petition may not be initiated against the 72 official during the remainder of his or her term in office. 73 (g) Additional provisions governing recall under this 74 section may be provided by general law. 75 BE IT FURTHER RESOLVED that the following statement be 76 placed on the ballot: 77 CONSTITUTIONAL AMENDMENT 78 ARTICLE VI, SECTION 8 79 RECALL OF GOVERNOR, LIEUTENANT GOVERNOR, MEMBERS OF THE 80 CABINET, AND LEGISLATORS.—Recall is the power of the electors to 81 remove a person from elective office before his or her term 82 expires. This proposed amendment to the State Constitution 83 provides for recall of the Governor, the Lieutenant Governor, 84 any member of the Cabinet, or any legislator at an election. The 85 recall process is initiated when a petition containing the name 86 of the person sought to be recalled and the alleged grounds for 87 the recall is delivered to the custodian of state records. The 88 sufficiency of the reason for the recall is not reviewable. The 89 supporters of the recall measure have 120 days to circulate and 90 file signed petitions with the custodian of state records. 91 This amendment also specifies who is eligible to sign the 92 recall petition and what percentage of the electors must sign 93 the petition in order for a recall election to take place. If 94 the person who is the subject of the recall petition is a 95 legislator, only electors from the legislator’s district may 96 sign the petition. If the person who is the subject of the 97 recall petition is a public official subject to recall under 98 this amendment other than a legislator, any elector of the state 99 may sign the petition. The same standards apply to who may vote 100 if a recall election is held. 101 Finally, this amendment provides that if enough signatures 102 are collected to require a recall election, the election for a 103 successor to the office, if vacated, will be held at the same 104 time as the recall election. The successor who is elected will 105 serve the remainder of the term. This proposed amendment 106 specifies when the custodian of state records must call the 107 election and provides that the person who is the subject of the 108 recall may not be a candidate for the office. If the person who 109 is the subject of the recall petition is not recalled from 110 office, he or she will be reimbursed for any recall election 111 expenses that were personally and legally incurred. 112 Additionally, if the person is not recalled, a subsequent recall 113 may not be initiated against the person during the remainder of 114 his or her term in office.