The 60% threshold seems to make Florida’s democracy less of a grassroots-based system in a state that has seemingly no end to its Republican supermajority
by Eric Atria
Florida voters recently decided the fate of 6 proposed constitutional amendments, the most significant of which was Amendment 4, seeking to secure a woman’s right to have an abortion. While 57.2% of voters chose to support this amendment (startling considering 56% of Florida voters chose Trump), it failed because it did not meet the required threshold of 60%. In the aftermath of the 2024 election, many have been left wondering, why does Florida require 60% to approve a constitutional amendment?
Before we discuss Florida’s constitutional amendment process, we must first understand the Florida Constitution. Since becoming a state, Florida has had six state constitutions. The current version was adopted in 1968. It has been amended 144 times, compared to the United States Constitution, which has only been amended 27 times. Amending state constitutions is significantly easier than our nation’s constitution and in Florida can be done in four different ways.
First, the Legislature can propose an amendment. A 60% vote in both chambers is required during a single legislative session to place a constitutional amendment on the ballot. The governor need not sign off on such an amendment, but 60% of the voters must approve it.
Second, a constitutional convention can be called via a petition signed by 15% of the total number of votes cast in the last presidential election. Should such a convention be called, amendments can be proposed but they require 60% of the vote to be approved.
Third, Article XI of the Florida Constitution establishes the Florida Constitutional Revision Commission and the Florida Taxation and Budget Reform Commission, which can refer constitutional amendments to the ballot. These commissions convene every 20 years, and Florida is the only state that has such commissions. Referred amendments must be approved by 60% of voters.
Fourth, and most relevant to Amendment Four, a citizen-initiated ballot measure can get a constitutional amendment on the ballot. Such an initiative requires signatures from 8% of the votes cast in the last presidential election. That 8% must be district-wide in at least half (14) of the state’s 27 congressional districts. In other words, the signatures can’t all be from Orange County. 60% of the votes must approve this measure as well. Only 18 states have this path to constitutional amendment.
Regardless of the method of proposing an amendment, the constant thread is 60%. But where did that number come from?
Initially, the threshold was 50%. However, in 2006, Florida voters passed an amendment to raise the threshold to 60%. This raises the question, why was that amendment placed in front of Florida voters?
With a State that was considered a battleground and (unofficially) voted for Al Gore, and Barack Obama twice, the electorate was split down the middle at the time. As such, the GOP-led legislature placed the amendment on the ballot to rein in the electorate’s power. The initiative was supported by the likes of the state Chamber of Commerce and Big Sugar.
These and other big business interests recognized that the State’s voters had repeatedly supported progressive or regulatory causes that they themselves opposed. Furthermore, with the electorate being able to make these decisions regardless of legislative attempts, the business interests couldn’t use their lobbying power to prevent such initiatives or to pass counter acting laws favorable to them. As such, a huge campaign was waged to get the amendment to pass.
Given that 50% of the vote isn’t even more than half, Floridians naturally felt the 60% amendment was in their best interests. Proponents of the amendment sold it as a greater protection to the Florida Constitution from unnecessary additions. Opponents of the amendment feared that its passage would limit direct democracy and the electorate’s ability to achieve its will despite the Legislature’s inaction.
As we have learned time and again in politics, sensation sells, and a perfect scapegoat was chosen. Just a few years before in 2002, voters passed a measure making it illegal to confine or tether a pregnant pig. Or should I say scapepig? Suddenly, Florida’s Constitution, which I already mentioned has been amended an immodest 144 times, became a “sacred document.” Amendments that “barely” passed with half of the vote were suddenly not worthy of consideration.
Remarkably, the amendment only received 58% of the vote, yet under the old 50% rule, it passed. Florida now had one of the highest requirements for citizen-led constitutional amendments in the country. The 60% threshold is not the end game. From 2018 to 2023, over 20 bills were sponsored to further weaken the initiative process. Four of these passed, increasing the cost to verify petition signatures and shortening the amount of time that the signatures can be collected. During the 2023 legislative session, a bill was sponsored to increase the threshold to 67%. It did not pass.
The 60% threshold seems to make Florida’s democracy less of a grassroots-based system in a state that has seemingly no end to its Republican supermajority.
Even when the Legislature does pass arguably progressive measures like they did in 2023, creating an easier path to have one’s wrongful arrest erased from their record, the Governor vetoed it.
When we see our congressional districts being constantly gerrymandered to prevent blue counties like Alachua from being fully represented in Tallahassee, one isn’t sure how else to fight back. If the will of a simple majority of the people can’t overcome a rigged system, what can?
Knowing that a significant majority of our State was in favor of a woman’s right to choose is barely a consolation when we realize we might not be able to do anything about it. It’s hard to say what number is the right number for approval of a constitutional amendment, but one thing is clear, we may have to keep fighting to keep it at 60%.
Eric Atria is a conflict public defender and a musician.