A proposed bill in the Florida House of Representatives would change the amendment process for the state constitution, increasing the threshold as a proposed amendment regarding abortion could end up on the ballot.
Republican state Rep. Rick Roth has proposed moving the threshold for passing amendments to the state constitution from 60% to 66.67%, or two-thirds majority, of voters in the Sunshine State. The bill, HJR 335, has been proposed by Roth several times, but the bill has new life due to constitutional amendments passing in other states by narrow margins.
Roth argued before the Florida House Ethics, Elections, and Open Government Subcommittee on Monday that he believes the bar for approval should be raised because many voters are ill-informed on what proposed amendments do. He also added that raising the threshold would protect constitutional rights in the state.
“We just want to make sure that everybody understands what the amendment’s really trying to do and that it will solve the problems that we’re trying to solve,” Roth said. “The world is changing pretty fast, and a lot of people are ignoring our constitutional rights, and I can’t think of a better way to protect our constitution than to raise the bar.”
When pressed by Democratic state Rep. LaVon Bracy Davis on whether the proposed bill was a reaction to attempts to put abortion on the ballot in Florida, Roth said it was not his motivation and pointed to the “flawed” constitutional process in the state.
“The statutory process really is a much cleaner and better way to change policy and protect Americans than the constitutional process. The constitutional process is flawed, in my opinion, because many times, when they put constitutional amendments on the ballot, they make them as vague as possible,” Roth said.
The Florida Constitution requires a vote of at least 60% on the ballot to be amended, a higher bar than several states, including Ohio, but less stringent than the process to amend the federal constitution. To amend the U.S. Constitution, an amendment must pass with two-thirds support in both chambers of Congress or two-thirds of a national convention, along with approval of three-fourths of state legislatures or state conventions.
Voters in Florida were previously offered a change to the constitutional amendment process to require two 60% votes on the ballot to approve an amendment, with 2020’s Amendment Four. The measure failed in a 52.47%-47.53% vote, falling roughly 7.5 points short of passing.
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If HJR 335 passes the legislature, it would end up on the 2024 ballot and require a 60% vote to pass.
Another measure that could be on the ballot in Florida deals with abortion. The proposed ballot initiative would ban restrictions to the procedure before 24 weeks but would also provide a cutout for abortion when “necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” It still must be approved by the state Supreme Court, but it has faced opposition from state Attorney General Ashley Moody, who has argued the language of the measure is made to mislead voters.