Bill Text: FL H0785 | 2011 | Regular Session | Introduced

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Bill Title: Recall Gov./Lt. Gov./Cabinet Member, or Legislator

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0785 Detail]

Download: Florida-2011-H0785-Introduced.html

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HJR 785

1	House Joint Resolution
2	A joint resolution proposing the creation of Section 8 of
3	Article VI of the State Constitution to provide for the
4	recall of the Governor, the Lieutenant Governor, a member
5	of the Cabinet, or legislator.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the following creation of Section 8 of Article VI of
10	the State Constitution is agreed to and shall be submitted to
11	the electors of this state for approval or rejection at the next
12	general election or at an earlier special election specifically
13	authorized by law for that purpose:
14	ARTICLE VI
15	SUFFRAGE AND ELECTIONS
16	SECTION 8.  Recall of governor, lieutenant governor, member
17	of the cabinet, or legislator.-
18	(a)  Recall is the power of the electors to remove a person
19	from elective office before his or her term expires. The
20	governor, the lieutenant governor, a member of the cabinet, or a
21	legislator may be removed from office by the electors in a
22	recall election. However, removal of the governor under this
23	section includes removal of the lieutenant governor. This method
24	of removing a person from elective office is in addition to any
25	other method provided by this constitution or general law.
26	(b)  The recall of a public official under this section is
27	initiated by delivering to the chief election officer of the
28	state a petition containing the name of the person sought to be
29	recalled and the alleged reason for the recall. If the person
30	sought to be recalled is the governor, the petition shall
31	contain the names of the governor and the lieutenant governor.
32	The sufficiency of the reason is not reviewable. Proponents have
33	120 days to circulate and file signed petitions, and the chief
34	election officer of the state shall maintain a continuous count
35	of the signatures certified to that office.
36	(c)  A petition to recall a public official under this
37	section other than a legislator must contain signatures from
38	each of the 67 counties in the state, and the signatures must
39	equal 15 percent of the total votes cast in the last election
40	for the office. All electors of the state may sign the petition
41	to recall the official. If the recall petition is successful and
42	a recall election is held, all electors in the state may vote in
43	the recall election.
44	(d)  A petition to recall a legislator must contain
45	signatures equal to 20 percent of the total votes cast in the
46	last election for the office. Only electors of the district the
47	legislator represents may sign the petition to recall the
48	legislator. If the recall petition is successful and a recall
49	election is held, only electors of the district the legislator
50	represents may vote in the recall election.
51	(e)  Notwithstanding any other provision of this
52	constitution or law, if the petition to hold a recall election
53	under this section is successful, the election for a successor
54	to the office shall be held simultaneously with the recall
55	election. The election to determine whether to recall a public
56	official under this section and elect a successor shall be
57	called by the chief election officer of the state and held not
58	less than 60 days nor more than 80 days after the date of
59	certification of the number of sufficient signatures. However,
60	if the next regularly scheduled election is to be held within
61	100 days after the date of certification of sufficient
62	signatures, the chief election officer of the state may schedule
63	the recall election on the same date as the regularly scheduled
64	election. The public official who is the subject of the recall
65	may not be a candidate for the office.
66	(f)  If the majority vote on the question is to recall the
67	public official, the official shall be removed and the candidate
68	who receives the highest number of votes cast in the election
69	held simultaneously to fill the vacancy in office shall be the
70	successor for the remainder of the term. If the public official
71	who is the subject of the petition is not recalled, he or she
72	shall be reimbursed by the state for any recall election
73	expenses that were personally and legally incurred and a
74	subsequent recall petition may not be initiated against the
75	official during the remainder of his or her term in office.
76	(g)  In any election to fill the offices of governor and
77	lieutenant governor under this section, candidates for those
78	offices shall form joint candidacies and neither the governor
79	nor the lieutenant governor may be a candidate for either
80	office.
81	(h)  Additional provisions governing recall under this
82	section may be provided by general law.
83	BE IT FURTHER RESOLVED that the following statement be
84	placed on the ballot:
85	CONSTITUTIONAL AMENDMENT
86	ARTICLE VI, SECTION 8
87	RECALL OF GOVERNOR, LIEUTENANT GOVERNOR, MEMBER OF THE
88	CABINET, OR LEGISLATOR.-Recall is the power of the electors to
89	remove a person from elective office before his or her term
90	expires. This proposed amendment to the State Constitution
91	provides for recall of the Governor, the Lieutenant Governor,
92	any member of the Cabinet, or any legislator at an election.
93	Removal of the Governor by recall includes removal of the
94	Lieutenant Governor. The recall process is initiated when a
95	petition containing the name of the person sought to be recalled
96	and the alleged grounds for the recall is delivered to the chief
97	election officer of the state, which is currently the Secretary
98	of State. If the person sought to be recalled is the Governor,
99	the petition shall contain the names of the Governor and the
100	Lieutenant Governor. The sufficiency of the reason for the
101	recall is not reviewable. The supporters of the recall measure
102	have 120 days to circulate and file signed petitions with the
103	Secretary of State.
104	This amendment also specifies who is eligible to sign the
105	recall petition and what percentage of the electors must sign
106	the petition for a recall election to take place. If the person
107	who is the subject of the recall petition is a legislator, only
108	electors from the legislator's district may sign the petition.
109	If the person who is the subject of the recall petition is a
110	public official subject to recall under this amendment other
111	than a legislator, any elector of the state may sign the
112	petition. The same standards apply to who may vote if a recall
113	election is held.
114	Finally, this amendment provides that if enough signatures
115	are collected to require a recall election, the election for a
116	successor to the office, if vacated, will be held at the same
117	time as the recall election. The successor who is elected will
118	serve the remainder of the term. This proposed amendment
119	specifies when the Secretary of State must call the election and
120	provides that the person who is the subject of the recall may
121	not be a candidate for the office. Candidates for the offices of
122	Governor and Lieutenant Governor shall form joint candidacies,
123	and neither the Governor nor the Lieutenant Governor may be a
124	candidate for either office. If the person who is the subject of
125	the recall petition is not recalled from office, he or she will
126	be reimbursed for any recall election expenses that were
127	personally and legally incurred. Additionally, if the person is
128	not recalled, a subsequent recall may not be initiated against
129	the person during the remainder of his or her term in office.
130	Additional provisions governing recall under this amendment may
131	be provided by general law.

CODING: Words stricken are deletions; words underlined are additions.