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2020 Florida Amendment 4, commonly known as the Think Twice Initiative[2] was a proposed amendment to the Constitution of Florida that failed by 52.47% to 47.53% in the 2020 election on November 3, 2020. The amendment would have required new constitutional amendments to be approved by voters twice in order to go into effect.[3]
Amendment 4 proposed that constitutional amendments to be approved by voters at two successive general elections to become effective. Currently in Florida, if voters approve an amendment at one general election, it becomes part of the constitution.[4]
In Florida, constitutional amendments require a 60% supermajority vote to become effective.[4][5][6][7] This requirement was added to the constitution in 2006.[8] Under Amendment 4, the supermajority requirement would apply to both elections.
Amendment 4 was placed on the ballot of Florida's 2020 elections due to the efforts of Keep Our Constitution Clean, an organization founded in 2018 with the stated purpose being to "counter misleading proposals being placed in front of voters..." The organization raised $8 Million from a nonprofit group which shares its name, Keep Our Constitution Clean, Inc., which is not required to report its contributors under state or federal regulations. The organization paid volunteers up to $18 an hour to collect signatures for the amendment, alongside bonuses based on the number of collected signatures, with potential earnings of $3,220 if a volunteer worked 40 hours a week and collected 750 signatures which is far greater pay than petition organizations.[9]
The organization is run by Jason H. Haber, a Fort Lauderdale attorney and chairman of the Republicans Against Green Energy PAC.[10]
The 2020 Florida Amendment 4 (which is separate from the 2018 Amendment 4 to restore felon voting rights currently being reviewed by the courts[11]), was a proposed amendment that would have required all future constitutional amendments to be approved in elections twice. Had it passed, the likely outcome of this change would have been fewer amendments proposed and fewer amendments approved. Constitutional amendments need to gather 60% in each voting to be approved.[4][5][6][7]
Florida's current standard of a 60% approval for amendments[6][5] is much higher than the threshold needed in most states. If Florida Amendment 4 passes, Florida would be joining Nevada as the only other state with this requirement, though Nevada only requires amendments to be passed twice with 50%. The president of The League of Women Voters of Florida, Patricia Brigham claims, "This would basically shut the door to citizen groups other than the wealthiest of the wealthy to get an amendment on the ballot, You make it a lot harder for citizens to have their say on issues the legislature does not address. We're non-partisan but when you have a one-party rule no matter what the party for a long, long time, then you cut off a number of voters from having a voice."[12]
Since 1962,[13][14] Nevada has had an incredibly low number of constitutional amendments, with only 14 citizen-initiated amendments passed at the first election, and 12 of those passing at the second round.[15][16] The Florida amendment process would likely follow in Nevada's footsteps with these much lower numbers, should Florida Amendment 4 become law.
The main campaign in support of Florida Amendment 4 is led by Keep Our Constitution Clean PC,[7][17] a PAC run by Matthew Meyers of Miami, and Jason H. Haber and Jason Blank of Fort Lauderdale.[9] Atty. Jason Zimmerman of The PAC states the amendment is necessary to "reduce whimsical constitutional amendments."[7] Zimmerman cited the great difference in number of amendments between the Florida constitution, with 140 amendments since the 1960s, and the US constitution, with 27 since the 1700s.[17] The PAC is backed by a non-profit with essentially the same name, Keep Our Constitution Clean Inc. The non-profit has raised almost $9 million for the campaign, but they have not disclosed who the money is coming from. This lack of information means voters do not know who is funding the campaign and what their motives are.[17]
The main groups campaigning against Florida Amendment 4 include the AFL-CIO, ACLU of Florida,[18] LWVFL,[7][12] BAWN: Ban Assault Weapons Now, SPLC Action Fund, and Florida Rights Restoration Coalition.
It takes a multi-million-dollar effort to get enough signatures for an amendment to even make it on the ballot. Out of the six amendments in 2020, two have sponsors that have spent millions to get them on the ballot. Aubrey Jewett, author of the Politics in Florida textbook, says he supported the increase from 50% to 60% voter approval in 2006, but he worries Florida Amendment 4 is taking it too far. He says he is "a little concerned that maybe we're...making it a little too difficult for people to exercise direct democracy", which is "part of the checks and balances in the Florida system."[19]
The Florida constitutional amendment process is one way that Floridians can get their voices heard, and ensure the constitution reflects their values and beliefs. Past citizen-led initiatives include ending smoking in workplaces, curbing property taxes, and putting an end to inhumane animal farms. Florida Amendment 4 would have required amendments to go through the current constitutional amendment process twice in order to get onto the Florida ballot, potentially increasing the time it takes for voter approved changes to be made to the constitution.[4]
As it appeared on the Florida ballot on November 6, 2018, the text of the amendment read:[20]
provided by the Florida Division of Elections.[21] A 60 percent vote in favor was required for approval.
· A "yes" on the ballot supports requiring all proposed future amendments or revisions to the state constitution to be approved by voters in two elections, instead of one, in order to take effect. · A "no" on the ballot would keep the requirement that all proposed amendments or revisions to the state constitution be approved by voters in one election, instead of two, in order to take effect.
One committee is registered to support Amendment 4: Keep Our Constitution Clean PC. The committee reported $165,500 in cash contributions and $8.84 million in in-kind contributions, all from Keep Our Constitution Clean, Inc. The committee reported 160,131.36 in cash expenditures.
Keep Our Constitution Clean PC reported in-kind contributions from Keep Our Constitution Clean, Inc. for signature gathering totaling $8.8 million. The total cost per required signature (CPRS) for Amendment 4 was $11.48.
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