Florida State Supreme Court Amendment (1932)

Florida State Supreme Court Amendment
Election date November 8, 1932
Topic State judiciary
Status Defeated
Type Legislatively referred constitutional amendment	Origin State legislature

Florida State Supreme Court Amendment was on the ballot as a legislatively referred constitutional amendment in Florida on November 8, 1932. It was defeated.

A “yes” vote supported amending provisions related to the composition and organization of the state Supreme Court.

A “no” vote opposed amending provisions related to the composition and organization of the state Supreme Court.

Election results

Florida State Supreme Court Amendment
Result		Votes	Percentage
Yes		38,445	32.94%
No		78,265	67.06%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for State Supreme Court Amendment was as follows:

“

To amend Section 2 and Section 4 of Article 5 of the Constitution of the State of Florida relating to the State’s Supreme Court, and providing:     Section 2. The Supreme Court shall consist of seven (7) Justices who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature. The term of office of each Justice shall be six years. The terms of office of the six Justices now constituting the Supreme Court shall not be affect by this amendment. Their successors shall be elected in the same manner and at the same time and places as required by the Constitution before this amendment. Upon the ratification of this amendment it shall be the duty of the Governor to appoint one additional Justice of the Supreme Court and he shall hold office from the date of his appointment until Tuesday after the first Monday in January, 1935, and whose successor shall be elected at the general election in 1934 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1935, and thereafter the successor of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their terms of office respectively, except in case of an election to fill an unexpired term of a Justice whose term of office may have become vacant.     Section 4. The supreme Court may hear, consider and determine causes and exercise all its powers and jurisdiction as a single body in which case a majority of the members of the Court shall constitute a quorum for the dispatch of business, or it may exercise its power and jurisdiction in two divisions, under such regulation as may be determined by the Court. Each division shall consist of three members of the Court and the Chief Justice who shall by virtue of his position as Chief Justice be a member of each division and the judgment of either Division concurred in by all members of such Division shall be the judgment of the Court. The concurrence of a majority of the members of the Court shall be necessary to a decision and judgment of the Court, whether the Court is sitting in two divisions or when acting as a single body. All Capital cases, all cases involving the determination of State or Federal Constitutional questions and such other cases as may be directed by the Court shall be determined by the Court acting as a single body. The Chief Justice shall preside over each Division and over the Court acting as a single body and when the Chief Justice is disqualified or is absent or is disabled from any cause the Justice oldest in point of service present and qualified shall preside over the entire Court and each division thereof until the disability of the Chief Justice is removed.

”

Full Text

The full text of this measure is available here.

Constitutional changes

Section 2. The Supreme Court shall consist of seven (7) Justices who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature. The term of office of each Justice shall be six years. The terms of office of the six Justices now constituting the Supreme Court shall not be affected by this amendment. Their successors shall be elected in the same manner and at the same time and places as required by the Constitution before this amendment. Upon the ratification of this amendment it shall be the duty of the Governor to appoint one additional Justice of the Supreme Court and he shall hold office from the date of his appointment until Tuesday after the first Monday in January, 1935, and whose successor shall be elected at the general election in 1934 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1935, and thereafter the successors of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their terms of office respectively, except in case of an election to fill an unexpired term of a Justice whose term of office may have become vacant. Section 4. The Supreme Court may hear, consider and determine causes and exercise all its powers and jurisdiction as a single body in which case a majority of the members of the Court shall constitute a quorum for the dispatch of business, or it may exercise its powers and jurisdiction in two divisions, under such regulations as may be determined by the Court. Each division shall consist of three members of the Court and the Chief Justice who shall by virtue of his position as Chief Justice be a member of each division and the judgment of either Division concurred in by all the members of such Division shall be the judgment of the Court. The concurrence of a majority of the members of the Court shall be necessary to a decision and judgment of the Court, whether the Court is sitting in two divisions or when acting as a single body. All capital cases, all cases involving the determination of State or Federal Constitutional questions and such other cases as may be directed by the Court shall be determined by the Court acting as a single body. The Chief Justice shall preside over each Division and over the Court acting as a single body and when the Chief Justice is disqualified or is absent or is disabled from any cause the Justice oldest in point of service present and qualified shall preside over the entire Court and each division thereof until the disability of the Chief Justice is removed.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.

See also

1932 Measures

• 1932 Measures
• State judiciary on the ballot
• 1932 legislative sessions

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
• The Orlando Morning Sentinel, "Here Is Sample Ballot For Nov. 8," November 1, 1932