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Four Florida ballot measures got over 50% but still didn’t pass. Here’s why

Date from the Volusia County Supervisor of Elections Office on Amendment 3 and 4.
Date from the Volusia County Supervisor of Elections Office on Amendment 3 and 4.

Efforts to set the bar to 60% began back in 2004 when the Republican Party controlled the Florida Legislature and amendments were being passed that GOP’s did not support.

Despite more than 50% of voters supporting four ballot measures that would amend the constitution, they did not pass. Florida requires a supermajority of 60% to pass voter-led changes to the constitution. Amendments 1, 3,4 and 6 failed to reach that mark.

Florida’s 60% threshold is rather unique when compared to other states. The bar was raised in 2006, when a Florida amendment was proposed to change the threshold from 50% to 60%. It was approved with only about 58 percent support.

UCF political scientist Aubrey Jewet explained the 60% threshold was proposed because of other amendments that were being added to the Florida Constitution like Amendment 10 -- which involved pig farming.

“The straw that broke the proverbial camel's back was the pregnant pig amendment, which was proposed to say that we had to allow pregnant pigs to be held in cages that were large enough for them to turn around,” Jewett said. “Even some people who voted for it said ‘look, it's not that we're against animal rights, but is this the kind of thing that really deserves to be in the Constitution?”’

While recent ballot initiatives like Amendment 4, which would protect abortion access, received 1.5 million more votes in support of it than against it, it did not meet the supermajority set in 2006 and therefore did not pass.

“Currently, Republicans and conservatives have a big lead in the legislature and the same rationale applies as when they first put this on the ballot some years back,” Jewett said. “They don't like initiatives and other things that go around their lawmaking power.”

While some states do have a 60% threshold, it is only for some amendments; Florida requires it for all amendments to the state’s constitution. While the simple majority rule could return, Jewett said it would be difficult to change:It would need 60% of the vote.

“Florida has one of the most difficult hurdles to get by, because it requires a 60% vote no matter how these amendments were proposed,” Jewett said. “So the legislature proposes it, initiative petition, constitutional revision commission; doesn't matter who proposes it, it's on the ballot. It requires 60% and that's much more difficult than most other states.”

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