JACKSONVILLE, Fla. – Is the 60% threshold too high to pass a ballot measure in the state of Florida?
Some are expressing frustration because of the supermajority it takes to pass a ballot measure in Florida.
Several state amendments failed to meet that 60% threshold during the 2024 election, a rule that voters decided on in 2006. Ironically that amendment passed with nearly 58% of the vote.
“It wouldn’t have passed had that rule been in place when that amendment was proposed to the voters,” said Chris Hand, a government law attorney and former chief of staff for the City of Jacksonville.
Hand said that several laws in the early 2000s were passed that some legislators felt were more appropriate for the Florida Statute as opposed to being added to the state constitution.
“There was a constitutional amendment about high-speed rail that was passed in the 2000 election,” Hand said. “There was one about pregnant pigs that was passed in one of the 2002 election. And there was some thought that maybe those were not properly in the Florida constitution, so perhaps there should be a higher standard.”
Unlike Florida, Hand said most other states pass constitutional amendments with a simple majority. He explained the few other states that have a heightened standard.
“I believe Colorado is one, where I think they have to pass with 55% of the vote, there again, with something greater than a simple majority,” Hand said. “Nevada is also a different system in that it has to pass by a majority, but has to do so in two separate elections in order to become part of the constitution.”
The discussion around the tough threshold to pass constitutional amendments has come up in light of Amendments 3 and 4 failing by small percentages this week. Amendment 3 failed by nearly 4% and Amendment 4 failed by about 3%.
Sierra McCahon, president of Women’s March Jacksonville felt the intent of the 60% threshold was to make it harder to pass amendments.
“Clearly this is not something that’s just on one party. This is actually something that is bipartisan,” McCahon said “I think that it is going to be hard to ignore the amount of people who turned out for both Amendment 3 and Amendment 4.”
Taking a look at abortion ballot measures in other states, 7 out of 10 passed to either expand or protect abortion rights. These other states don’t have the 60% requirement that Florida does.
In New York, they approved their ballot measure with nearly 62% of the vote. Then nearly 75% of Maryland voters approved their ballot measure. Missouri passed their ballot measure just above the simple majority that was needed for the state. While Montana passed their ballot measure with 57.6% which is close to Florida’s vote on the matter.
While Amendment 4 and Amendment 3 failed this election cycle, Hand and McCahon don’t think this is the end for those amendments.
“There is a history in Florida of amendments being unsuccessful the first time and then coming back around and being successful in subsequent elections. That was the case with medical marijuana. It didn’t pass the first time and did pass the second time,” Hand explained.
“I encourage everyone who feels disappointed, who feels hopeless, take the time you need to process things, take care of your mental health, but also get ready to fight again, because that’s what we got to keep doing if we want to make sure our voices are heard and that we get what we want done in the state of Florida,” McCahon said.
North Dakota and South Dakota were the two other states that voted to legalize marijuana; Both measures failed with nearly 53% and 56% of voters voting “No” respectively in each state.