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Florida amendments need 60% of the vote to pass. Here’s why

Amendments 3 and 4 had the majority vote but failed due to a threshold

Beth Weinstein rallies in supporter of Yes on Amendment 4 regarding abortion in Florida outside of the polling place at the courthouse on Tuesday, Nov. 5, 2024, in Clearwater, Fla. (AP Photo/Mike Carlson) (Mike Carlson, Copyright 2024 The Associated Press. All rights reserved)

ORLANDO, Fla. – Florida was once like other states across the country — requiring a 50% vote to pass a constitutional amendment.

But as UCF history professor and News 6 political expert Jim Clark notes, pregnant pigs were partially a part of the change to require a 60% vote for an amendment to pass.

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“Florida passed an amendment to protect pregnant pigs, and the leaders of the state said, ‘Hey, we are going to get a bunch of these weird amendments, we need to set the bar higher’,” said Clark.

The state then took it to voters and asked them to weigh in on changing this threshold.

Kim Rivers, CEO of Trulieve, has donated $65M to help pass Amendment 3 (Copyright 2024 by WJXT News4JAX - All rights reserved.)

“Funny thing was that amendment only got 57.7% of the vote, but at that point, it was still 50% needed to pass,” Clark said.

So, this new threshold was passed in 2006, per the state’s constitution which states:

“Unless otherwise specifically provided for elsewhere in this constitution, if the proposed amendment or revision is approved by vote of at least sixty percent of the electors voting on the measure, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the election, or on such other date as may be specified in the amendment or revision.”

Constitution of the State of Florida

This is why even when Amendments 3 and 4 had the majority vote it did not pass.

Amendment 3: Adult Personal Use of Marijuana

Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise. NOTE: Amendments need 60% of the vote to pass in Florida.

Candidate

Votes

%

No

4,692,82444%

Yes

5,948,87556%
99% of Precincts Reporting

(5,575 / 5,631)

Amendment 4: Limit Govt. Interference of Abortion

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. NOTE: Amendments need 60% of the vote to pass in Florida.

Candidate

Votes

%

No

4,547,76743%

Yes

6,068,93357%
99% of Precincts Reporting

(5,575 / 5,631)

“60% is a high threshold to reach as we saw yesterday,” Clarke said.

All in all, Clarke said since this threshold is a constitutional amendment, it would require a 60% vote to pass to change it back to 50%.

“And I do not see that happening,” Clark said.

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