Florida legislators took the final step to put an amendment on the November ballot Wednesday that asks voters to decide whether to give Florida’s governor new powers to make prospective appointments to the state Supreme Court.
The proposed constitutional amendment, SJR 1188, was approved by a 74-45 partisan vote in the Florida House following its Senate passage. The amendment will be the third one on the ballot and must be approved by at least 60 percent of voters on Election Day to become law.
Republicans defended the proposal and Democrats opposed it since it means that the next governor will have the power to pick three of the seven justices because of a fluke of timing that requires three of them to retire on the same day the next governor’s term ends, on Jan. 8, 2019. Unlike every recent election year in the last decade, this is the first time legislators have placed only one amendment on the ballot.
Justices are required to retire at age 70, but can continue to serve on the bench until the end of their six-year term. Justices R. Fred Lewis, Barbara Pariente and Peggy Quince — the court’s liberal wing — will all turn 70 some time during the next governor’s term, and their six-year terms will all end on the same day the new governor is inaugurated.