Some constitutional amendments voters could see in 2020

Voters in 2020 won’t see as many constitutional amendments on the ballot as there were in 2018, but nine proposed amendments have cleared their first major hurdle in getting before voters in 2020 — gaining enough signatures for a review by the Florida Supreme Court.

It takes 766,200 signed petitions for a constitutional amendment to get on the ballot. But after gaining one-tenth that amount, the proposed amendment qualifies for a review by the state supreme court, which looks at the amendment language to make sure it isn’t misleading and covers just a single subject.

In 2018, Florida voters approved 11 of 12 amendments. There was a larger number than usual on the ballot because seven of them came out of the Constitution Revision Commission, a group appointed by state leaders every 20 years to propose amendments to the state constitution.

While nine amendments have qualified for review before the 2020 election, most still have a long way to go before getting the total number of signatures needed to get on the ballot.

After that, the amendments need to get at least 60% support to be enshrined in our state constitution.

Here’s a look at the nine:

Voter Approval of Constitutional Amendments

This initiative would make it more difficult for state constitutional amendments to pass by requiring that voters approve an amendment in two separate elections.

Limits or Prevents Barriers to Local Solar Electricity Supply

Technically, this amendment has passed Supreme Court review and could get on the ballot in 2020. But it passed review in 2015 before it nearly got on the 2016 ballot but failed to do so. The signatures it got back then are now invalid, though the state Supreme Court’s approval of the ballot language still counts. So, despite having court approval, it has just 80 signatures that are valid for the 2020 election, and there’s no major petition drive underway. We’re including it on a technicality, but don’t count on seeing it in 2020.

Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice

Unlike the solar electricity amendment, this is a new proposal with an active campaign behind it. This amendment would guarantee that utility customers can choose a provider, essentially deregulating the energy market in Florida. The amendment states that electricity customers have the right to choose “from multiple providers in competitive wholesale and retail electricity markets, or by producing electricity themselves or in association with others, and shall not be forced to purchase electricity from one provider.” Several states have moved to deregulate energy markets in recent years, though there are conflicting reports as to the costs, benefits and effectiveness of a deregulated market.

Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

This amendment would establish the rules under which recreational marijuana can be sold or grown in Florida. The full amendment is 10 pages long and, in part because of its complexity, it’s being challenged in court by Florida Attorney General Ashley Moody. However, another recreational marijuana amendment has raised more than a million dollars from medical marijuana companies and does not have any valid signatures yet, though the amendment’s supporters say they’ve gathered more than 100,000 that have not yet been confirmed by the Florida Secretary of State. Rather than reinventing the wheel, that amendment simply says that current medical marijuana sellers can sell to people age 21 and older, who can possess up to 2.5 ounces.

Raising Florida’s Minimum Wage

This amendment would raise Florida’s minimum wage to $10 per hour on Sept. 30, 2021, then increase a dollar each year until 2026, when it will be $15 per hour. After that, the minimum wage would revert to adjustments for inflation, as it is now.

Providing Medicaid Coverage to Eligible Low-Income Adults

Since the passage of the federal Affordable Care Act, the Florida Legislature has made only one serious attempt to expand Medicaid under the law, and that attempt failed after it passed in the Florida Senate but died in the House. This amendment would require Florida to expand Medicaid to those making 138% of the federal poverty level or lower, as the Affordable Care Act allows.

Prohibits Possession of Defined Assault Weapons

This amendment would define an assault weapon as “any semiautomatic rifle or shotgun capable of holding more than ten rounds of ammunition at once, either in a fixed or detachable magazine.” Such weapons would be banned, except that those who owned such a weapon before passage of the amendment would be allowed to keep them. However, owners of assault weapons who are grandfathered in would have to register their guns with the Florida Department of Law Enforcement. The registry would be open to law enforcement, but otherwise confidential. Like the marijuana amendment, this one is also being challenged by the attorney general.

Citizenship Requirement to Vote in Florida Elections

This amendment would change just two words in the state Constitution so that rather than reading “every citizen” who is over the age of 18 and a permanent Florida resident can vote, the constitution would read “only a citizen.” The amendment would have no practical effect — state law already requires voters to be citizens of the state. As the only proposal so far that has gained enough signatures to get on the ballot, voters will see this in 2020 as Amendment 1.

All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Currently, Florida has an unusual primary system in which each party’s primary election is open to any voter only if there is no competition in the general election. This means that even if there is only a write-in candidate running, the primary election is closed and only members of the party may vote. Under this amendment, all candidates — Republican, Democrat or otherwise — would appear on a single primary election list that any voter, regardless of party affiliation, could vote on. The top two candidates would then advance to the general election, regardless of party.