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Florida Elected Secretary of State Amendment (2018)
| Florida Elected Secretary of State Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic State executive official measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Florida Elected Secretary of State Amendment was not on the ballot in Florida as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have made the Florida secretary of state an elected position beginning with the general election in 2022. As of 2017, the governor appointed the secretary of state.[1]
The measure would have also defined the duties of the secretary of state as keeping "the records of the official acts of the legislative and executive departments" and performing "the functions conferred by this constitution upon the custodian of state records." The measure would have considered the secretary of state an executive cabinet member.
Text of measure
Ballot title
The following would have been the ballot title:[1]
| “ | MEMBERSHIP OF CABINET; ELECTION OF SECRETARY OF STATE. — Revises the membership of the Cabinet, effective June 1, 2019, to include the Secretary of State, whom the Governor shall appoint, subject to Senate confirmation, for a term ending January 3, 2023; and thereafter provides for the statewide election of the secretary, beginning in 2022. The Legislature shall implement the amendment by law. Currently, the secretary is appointed by and serves at the pleasure of the Governor and is not a Cabinet member.[2] |
” |
Constitutional changes
- See also: Article IV and Article XII of the Florida Constitution
The measure would have amended Sections 3 and 4 of Article IV and added an amendment to Article XII of the Florida Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
(a) Upon vacancy in the office of governor, the lieutenant governor shall become governor. Further succession to the office of governor shall be prescribed by law. A successor shall serve for the remainder of the term.
(b) Upon impeachment of the governor and until completion of trial thereof, or during the governor's physical or mental incapacity, the lieutenant governor shall act as governor. Further succession as acting governor shall be prescribed by law. Incapacity to serve as governor may be determined by the supreme court upon due notice after docketing of a written suggestion thereof by three four cabinet members, and in such case restoration of capacity shall be similarly determined after docketing of written suggestion thereof by the governor, the legislature, or three four cabinet members. Incapacity to serve as governor may also be established by certificate filed with the custodian of state records by the governor declaring incapacity for physical reasons to serve as governor, and in such case restoration of capacity shall be similarly established.
Section 4 of Article IV
(a) There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture, and a secretary of state. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law. In the event of a tie vote of the governor and cabinet, the side on which the governor voted shall be deemed to prevail.
(b) The attorney general shall be the chief state legal officer. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.
(c) The chief financial officer shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state, and shall keep all state funds and securities.
(d) The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.
(e) The secretary of state shall keep the records of the official acts of the legislative and executive departments and perform the functions conferred by this constitution upon the custodian of state records.
(e) (f) The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c).
(f) (g) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture, and the secretary of state shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law.
(g) (h) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture, and the secretary of state shall constitute the agency head of the Department of Law Enforcement.
Amendment to Article XII
(a) The amendments to Sections 3 and 4 of Article IV relating to the inclusion of the secretary of state as a member of the cabinet shall take effect June 1, 2019. For the term beginning June 1, 2019, and continuing through January 3, 2023, the secretary of state shall be appointed by the governor, subject to confirmation by the senate. The secretary of state must be an elector of at least 30 years of age who has resided in the state for the preceding seven years at the time of the governor’s appointment. Beginning with the 2022 statewide general election and every four years thereafter, the office of secretary of state shall be filled by election in conformance with Section 5(a), Article IV.
(b) By June 1, 2019, the legislature shall enact implementing legislation that includes any conforming changes to the Florida Statutes necessitated by the reorganization of the cabinet.[2]
Path to the ballot
- See also: Amending the Florida Constitution
In Florida, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.
On February 10, 2017, the amendment was filed in the state legislature as Senate Joint Resolution 882. The Senate approved the measure, 33 to 2 with five senators not voting, on April 6, 2017. The bill did not receive a vote in the House of Representatives before the 2017 legislative session ended on May 8, 2017.[3]
Senate vote
April 6, 2017[3]
| Florida SJR 882 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 33 | 94.29% | |||
| No | 2 | 5.71% | ||
See also
Footnotes
- ↑ 1.0 1.1 1.2 Florida Legislature, "Senate Joint Resolution 882," accessed April 7, 2017
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 Florida Legislature, "SJR 882 Overview," accessed April 7, 2017
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