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Florida Preservation of the Death Penalty, Amendment 2 (1998)

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PreambleIIIIIIIVVVIVIIVIIIIXXXIXII

Florida Preservation of the Death Penalty, Amendment 2 appeared on the November 3, 1998 election ballot in Florida as a legislatively-referred constitutional amendment, where it was approved. The amendment ensured continuation of death sentences in the event that the method of execution is changed.

Aftermath

In 2000, the Florida Supreme Court nullified the amendment in their decision, Armstrong v. Harris.[1]

In 2002 the Florida voters approved a new amendment that reaffirmed the contents of this amendment.

Election results

Florida Amendment 2 (1998)
OverturnedotOverturned Case:Armstrong v. Harris No. SC95223
ResultVotesPercentage
Yes 2,676,043 72.76%
No1,002,04327.24%

Results obtained via Division of Elections. http://www.floridasupremecourt.org/decisions/pre2004/ops/sc95223.pdf

Text of measure

The language that appeared on the ballot:[2]

Preservation Of The Death Penalty; United States Supreme Court Interpretation Of Cruel And Unusual Punishment.—Proposing an amendment to the constitution preserving the death penalty, and permitting any execution method unless prohibited by the Federal Constitution. Requires construction of the prohibition against cruel and/or unusual punishment to conform to U.S. Supreme Court interpretation of the Eighth Amendment. Prohibits reduction of a death sentence based on invalidity of execution method, and provides for continued force of sentence.

Opponents

The Florida Catholic Conference was opposed to Amendment 2.[3]

See also

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