Florida takes jackpot for amendments on November ballot

Many US states have amendments that voters must decide on this November, but Florida takes the jackpot for excessive amendments — twelve or thirteen at latest count — and the worst-written amendments. Florida constitutional amendment #9 combines a ban on drilling for oil and natural gas in state-owned waters with a prohibition of vaping in enclosed indoor workplaces. Amendment #6 creates constitutional rights for victims of crimes along with a requirement that judges not defer to government agencies in interpreting statutes.  Amendment #11 calls for removing obsolete anti-Chinese property legislation dating from the 19th century; defining whether someone convicted under a law later repealed is still a criminal; and changing language on a previous high-speed rail amendment. Voters who want to split their votes on these three odd-couple amendments are just out of luck.

With so many complex, time-consuming amendments on the ballot, Florida voters are being urged to vote by mail, a less secure voting method, rather than coming to the polls.

A state constitution is supposed to lay out general principles. Amendments should address fundamental constitutional issues, not items that can and should be handled by enacted laws. A model for this is not hard to find — the US Constitution, still the same original and with only twenty-seven amendments to it since 1789.

Louisiana, by contrast, has gone through eleven constitutions, Georgia nine, and Virginia seven. Virginia’s James Madison must be turning in his grave. Louisiana’s constitution, the present one, takes the jackpot for wordiness: 184,053 words. The US Constitution by contrast is a little over 6,000 words long. Alabama, however, wins the prize for the most amendments: 770.

So Florida would seem to have its companions in folly. But nationally, about half of state constitutional amendments are generated by citizen initiatives. These understandably take the form of constitutional amendments so that arrogant legislators cannot override them as they are wont to do.

Voting restoration for felons

Nevertheless, some of the Florida amendments address important issues, such as voting rights restoration for those convicted of felonies. A majority of states already do so, some as soon as the prison term is completed, others after parole is completed, and others not only until parole has been completed but application approved by a reviewing committee. Florida at present is one of the latter.

Under ordinary circumstances we would be inclined to support restoration after satisfactory completion of prison term and parole. But we are calling for a “no” vote in Florida in the context of present national politics, in which the Democratic Party is doing everything in its power to undermine the legitimacy of the voting process. It is opposed to photo identification at the polls, identification of citizen vs. non-citizen status in the upcoming census, encouraging illegal immigrants to flood the border and telling them there won’t be checks if they vote illegally, and calling for same-day registration of voters. When the Democrats cease undermining the integrity of the vote, we will favor more generous restoration of voting rights to felons.

Other common amendments

Property-tax-related amendments are widespread on state constitutional ballots this November. Florida has two such (Amendments #1 and #2); California, one; Louisiana, two; Montana, one; Oklahoma, one; Utah, two; and Virginia, one.

So are gambling-related amendments. Florida amendment #3 asks voters whether casino gambling remains confined to Indian reservations or will also be allowed off-reservation. Florida amendment #13 seeks to ban gambling on dog racing. Idaho has an amendment on gambling on horse races “at video terminals in certain locations.” Maryland’s amendment wants certain gambling revenue dedicated to an “education lockbox.” A Missouri amendment seeks slight changes in how bingo gambling is conducted.

Marijuana legalization amendments are on a number of state ballots this November: Michigan, Missouri (two amendments, one proposition!), North Dakota, Oklahoma, and Utah — but not Florida, which has medical marijuana legalization but not recreational.

Ten Commandments. Alabama has the amendment, if passed by voters, that is most likely to end up at the Supreme Court — to allow the display of the Ten Commandments on state property.

Supermajority required for increased taxes or fees. Florida does have one exemplary amendment, #5, which seeks to prohibit the legislature from raising a state tax or fee except through legislation approved by a two-thirds vote of each house of the legislature in a bill containing no other subject. No other state has such a measure on its ballot.

Hat tip to Ballotpedia for much of the information in this roundup.

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