Did Florida's AG ask the state Supreme Court to bless the 'Voting Restoration Amendment' ballot summary in 2016?

Plain-English summary

This document is the Attorney General's required petition to the Florida Supreme Court under Article IV, § 10 of the Florida Constitution and § 16.061, Florida Statutes. When a citizen-initiative campaign collects 10% of the signatures it needs and the Secretary of State certifies that fact, the AG has a duty to ask the Supreme Court to issue an advisory opinion on whether the proposal complies with two legal standards: (1) the single-subject rule of Article XI, § 3, Fla. Const., and (2) the ballot-title and ballot-summary requirements of § 101.161(1), Fla. Stat.

In this filing, AG Pam Bondi forwarded the proposed "Voting Restoration Amendment," sponsored by Floridians for a Fair Democracy and chaired by Desmond Meade. The proposed amendment would have edited Article IV, § 4 of the Florida Constitution to automatically restore voting rights to felons (other than those convicted of murder or felony sex offenses) once they completed all terms of their sentence, including parole and probation. As of September 14, 2016, the campaign had collected 70,012 valid signatures (slightly above the 10% threshold) but was short of the 683,149 needed to qualify for the 2016 ballot.

The AG did not endorse or oppose the amendment in this filing. The filing only invites the Court to perform its constitutional review function. The Court eventually approved the title and summary, the campaign collected the required signatures by the 2018 deadline, and Florida voters approved the amendment as Amendment 4 on the November 6, 2018 ballot, which became part of Article VI, § 4 of the Florida Constitution. (Subsequent litigation, including the 2020 Eleventh Circuit decision in Jones v. Governor of Florida, addressed how legal financial obligations affect the "completion of sentence" definition.)

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why does the AG file these petitions?
A: The Florida Constitution makes the AG the gateway between citizen initiative campaigns and Supreme Court review. Article IV, § 10 directs the AG to "petition the supreme court for an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3 of Art. XI, the compliance of the proposed ballot title and substance with s. 101.161, F.S., and whether the proposed amendment is facially invalid under the United States Constitution." The AG's role is procedural: it triggers the review, it does not advocate for or against the measure.

Q: What did the proposed Voting Restoration Amendment say?
A: It would have amended Article IV, § 4 of the Florida Constitution so that "any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation." Murder and felony sexual offenses were excluded from automatic restoration; people convicted of those crimes would still need a case-by-case clemency vote from the Governor and Cabinet.

Q: What were the signature thresholds in play?
A: Florida requires constitutional-initiative campaigns to collect at least 10% of the eventual qualifying signature total to trigger AG and Supreme Court review. By September 14, 2016, the campaign had 70,012 valid signatures, more than 10% of the 683,149 then needed for the 2016 ballot. To qualify for the 2018 ballot, the sponsor had to file enough signatures by February 1, 2018.

Q: Did the amendment ever pass?
A: The Florida Supreme Court approved the title and summary in 2017 (Advisory Opinion to the Att'y Gen. re Voting Restoration Amendment, 215 So. 3d 1202 (Fla. 2017)). The campaign qualified for the 2018 ballot, where it appeared as Amendment 4. Voters approved it on November 6, 2018, with about 64.55% support. The amendment became part of Article VI, § 4 of the Florida Constitution.

Q: Is the law settled now?
A: No. After Amendment 4 took effect, the Legislature passed SB 7066 (codified at § 98.0751, Fla. Stat.) defining "completion of sentence" to include legal financial obligations (fines, fees, restitution). The Eleventh Circuit upheld that definition in Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). That holding remains controversial and is ongoing subject of litigation and policy advocacy. Anyone relying on this 2016 filing for current rights-restoration information should look to the post-2018 authorities.

Background and statutory framework

Article IV, § 10 of the Florida Constitution and § 16.061, Florida Statutes, set out the AG's role. Once the Secretary of State certifies that an initiative has met the registration, submission, and signature criteria of § 15.21 (a 10%-of-required-signatures gateway distributed across at least one-fourth of the congressional districts), the AG is duty-bound to file a petition with the Supreme Court. Florida Rule of Appellate Procedure 9.510(b) lists what the petition has to include: the sponsor's identity and address, the sponsor's attorney if any, the sponsor's progress on signatures, the planned election, and the parties to be served.

The Supreme Court's review is narrow: it asks whether the proposal embraces a single subject and whether the title (limited to 15 words) and summary (limited to 75 words) clearly tell voters what they are approving. The Court does not pass on the policy merits.

This filing followed that template. The AG identified the sponsor as Mr. Desmond Meade and Floridians for a Fair Democracy in Clearwater, Florida; explained that the campaign was at 70,012 valid signatures with 683,149 needed to make the 2016 ballot; and asked the Court to opine on single-subject compliance and ballot-summary compliance. The filing also names the parties served (the Secretary of State, the Governor, the Senate President, and the House Speaker, by courtesy).

Citations

• Art. IV, § 10, Fla. Const. (AG duty to seek advisory opinion)
• Art. XI, § 3, Fla. Const. (single-subject rule for citizen initiatives)
• Art. IV, § 4, Fla. Const. (the Constitution provision the amendment proposed to edit)
• § 16.061, Fla. Stat. (AG petition procedure)
• § 15.21, Fla. Stat. (initiative threshold for triggering review)
• § 101.161(1), Fla. Stat. (ballot title and summary requirements)
• Fla. R. App. P. 9.510(b) (Supreme Court filing requirements)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/restoration-of-voter-rights
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8051

Original opinion text

The Honorable Jorge Labarga

Chief Justice, and Justices of

The Supreme Court of Florida

The Supreme Court Building

Tallahassee, Florida 32399-1925

Dear Chief Justice Labarga and Justices:
In accordance with the provisions of Article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, it is the responsibility of the Attorney General to petition this Honorable Court for a written opinion as to the validity of an initiative petition circulated pursuant to Article XI, section 3, Florida Constitution.
On September 15, 2016, this office received a letter from the Secretary of State (a copy of which is attached) advising this office that the initiative petition entitled "Voting Restoration Amendment" had met the registration, submission, and signature criteria set forth in section 15.21, Florida Statutes.
The full text of the proposed amendment to Article IV, Section 4 of the Florida Constitution, states:
"SECTION 4. Disqualifications.—

(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.

(b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights.

(bc) No person may appear on the ballot for re-election to any of the following offices:

(1) Florida representative,

(2) Florida senator,

(3) Florida Lieutenant governor,

(4) any office of the Florida cabinet,

(5) U.S. Representative from Florida, or

(6) U.S. Senator from Florida

if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years."

The ballot title for the proposed amendment is: "Voting Restoration Amendment." The ballot summary for the proposed amendment states:
"This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis."
Pursuant to Rule 9.510(b), Florida Rules of Appellate Procedure, this petition provides the following information:
1. The name of the sponsor and address: Mr. Desmond Meade, Chairperson, Floridians for a Fair Democracy, 3000 Gulf-to-Bay Boulevard, Suite 503, Clearwater, Florida 33759.

2. The name and address of the sponsor's attorney, if the sponsor is represented: Whether the sponsor is represented by an attorney is unknown.

3. A statement as to whether the sponsor has obtained the requisite number of signatures to have the initiative placed on the ballot: As of September 14, 2016, the sponsor had not obtained the requisite number of signatures to have the proposed amendment placed on the ballot. A total of 683,149 valid signatures were required for placement on the 2016 general election ballot. The total number of signatures required to have an item placed on the 2018 general election ballot will not be known until after the 2016 general election.

4. The current status of the signature collection process: As of September 14, 2016, the Supervisors of Elections have certified a total of 70,012 valid petition signatures to the Division of Elections for this initiative petition. This number represents more than 10% of the total number of valid signatures needed from electors statewide and in at least one-fourth of the congressional districts in order to have the initiative placed on the 2016 general election ballot.

5. The date of the election during which the sponsor is planning to submit the proposed amendment: Unknown. The earliest date of election that this proposed amendment can be placed on the ballot is November 6, 2018, provided the sponsor successfully obtains the requisite number of valid signatures by February 1, 2018.

6. The last possible date that the ballot for the target election can be printed in order to be ready for the election: Unknown.

7. A statement identifying the date by which the Financial Impact Statement will be filed, if the Financial Impact Statement is not filed concurrently with the request: The Secretary of State forwarded a letter to the Financial Impact Estimating Conference in the care of the coordinator on September 14, 2016.

8. The names and complete mailing addresses of all of the parties who are to be served: The names and complete mailing addresses of all of the parties who are to be served are unknown at this time. Section 16.061(2), Florida Statutes, requires that a copy of the petition be provided to the Secretary of State and to the principal officer of the sponsor:

Mr. Ken Detzner Mr. Desmond Meade,

Secretary of State Chairperson

Florida Department of State Floridians for a Fair Democracy

R.A. Gray Building, Room 316 3000 Gulf-to-Bay Boulevard,

500 South Bronough Street Suite 503

Tallahassee, Florida 32399-0250 Clearwater, Florida 33759

While not required by law, this office provides copies of the petition to:

The Honorable Rick Scott The Honorable Andy Gardiner

Governor, State of Florida President, Florida Senate

The Capitol Room 409, The Capitol

400 South Monroe Street 404 South Monroe Street

Tallahassee, Florida 32399-0001 Tallahassee, Florida 32399-1100

The Honorable Steve Crisafulli

Speaker, Florida House of Representatives

Room 420, The Capitol

402 South Monroe Street

Tallahassee, Florida 32399-1300

In accordance with the provisions of Article IV, section 10, Florida Constitution, I respectfully request this Honorable Court's opinion as to whether the proposed amendment complies with the single-subject requirement of Article XI, section 3, Florida Constitution, and whether the ballot title and summary of the proposed constitutional amendment comply with section 101.161(1), Florida Statutes, setting forth substantive and technical requirements for the ballot title and summary.
Respectfully submitted,

Pamela Jo Bondi

Attorney General