Florida Hometown Democracy v. Sue Cobb

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Florida Hometown Democracy v. Sue Cobb is a 2004 Florida court ruling. In it, the 1st District court of appeal upheld the constitutionality of Florida Initiative Requirements, Amendment 2 (2004).[1]

The plaintiffs, Florida Hometown Democracy, sought unsuccessfully to have Amendment 2 removed from the ballot on a variety of grounds. Some of them included:

  • The ballot title did not accurately notify the public that the time for authorizing a citizen’s initiative to amend the constitution would be cut by five months, thereby, making the amendment process more difficult for citizens.
  • Nor did the title inform citizens that the amendment would eliminate the possibility that a citizen’s initiative petition could be the subject of an earlier special election; and
  • Nor did the title inform electors that a legislatively backed proposed amendment could be voted on by Florida electors at an earlier special election, while a citizen backed proposed amendment would have to wait for the later general election.

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