Florida Supreme Court, Amendment 2 (1932)

From Ballotpedia
Jump to: navigation, search
Voting on
State Judiciary
State judiciary.jpg
Ballot Measures
By state
By year
Not on ballot
Florida Constitution
750px-Flag of Florida.svg.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Supreme Court Amendment was a legislatively-referred constitutional amendment in Florida which was defeated by voters in the general election on November 8, 1932.

This amendment sought to modify Article V of the Florida Constitution in relation to the composition and power of the state Supreme Court.[1]

Election results

Florida Amendment 2 (1932)
ResultVotesPercentage
Defeatedd No78,26567.06%
Yes 38,445 32.94%

Election results via: Report of the Secretary of State of the State of Florida (1931-1932)

Text of measure

The language that appeared on the ballot:

To amend Sections 2 and Section 4 of Article 5 of the Constitution of the State of Florida relating to the State’s Supreme Court, and proving:

Section 2. The Supreme Court shall consist of seven (7) Justices who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature. The term of office of each Justice shall be six years. The terms of office of the six Justices now constituting the Supreme Court shall not be affect by this amendment. Their successors shall be elected in the same manner and at the same time and places as required by the Constitution before this amendment. Upon the ratification of this amendment it shall be the duty of the Governor to appoint one additional Justice of the Supreme Court and he shall hold office from the date of his appointment until Tuesday after the first Monday in January, 1935, and whose successor shall be elected at the general election in 1934 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1935, and thereafter the successor of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their terms of office respectively, except in case of an election to fill an unexpired term of a Justice whose term of office may have become vacant.
Section 4. The supreme Court may hear, consider and determine causes and exercise all its powers and jurisdiction as a single body in which case a majority of the members of the Court shall constitute a quorum for the dispatch of business, or it may exercise its power and jurisdiction in two divisions, under such regulation as may be determined by the Court. Each division shall consist of three members of the Court and the Chief Justice who shall by virtue of his position as Chief Justice be a member of each division and the judgment of either Division concurred in by all members of such Division shall be the judgment of the Court. The concurrence of a majority of the members of the Court shall be necessary to a decision and judgment of the Court, whether the Court is sitting in two divisions or when acting as a single body. All Capital cases, all cases involving the determination of State or Federal Constitutional questions and such other cases as may be directed by the Court shall be determined by the Court acting as a single body.
The Chief Justice shall preside over each Division and over the Court acting as a single body and when the Chief Justice is disqualified or is absent or is disabled from any cause the Justice oldest in point of service present and qualified shall preside over the entire Court and each division thereof until the disability of the Chief Justice is removed.[2][3]

Constitutional changes

Section 2. The Supreme Court shall consist of seven (7) Justices who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature. The term of office of each Justice shall be six years. The terms of office of the six Justices now constituting the Supreme Court shall not be affected by this amendment. Their successors shall be elected in the same manner and at the same time and places as required by the Constitution before this amendment. Upon the ratification of this amendment it shall be the duty of the Governor to appoint one additional Justice of the Supreme Court and he shall hold office from the date of his appointment until Tuesday after the first Monday in January, 1935, and whose successor shall be elected at the general election in 1934 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1935, and thereafter the successors of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their terms of office respectively, except in case of an election to fill an unexpired term of a Justice whose term of office may have become vacant.

Section 4. The Supreme Court may hear, consider and determine causes and exercise all its powers and jurisdiction as a single body in which case a majority of the members of the Court shall constitute a quorum for the dispatch of business, or it may exercise its powers and jurisdiction in two divisions, under such regulations as may be determined by the Court. Each division shall consist of three members of the Court and the Chief Justice who shall by virtue of his position as Chief Justice be a member of each division and the judgment of either Division concurred in by all the members of such Division shall be the judgment of the Court. The concurrence of a majority of the members of the Court shall be necessary to a decision and judgment of the Court, whether the Court is sitting in two divisions or when acting as a single body.

All capital cases, all cases involving the determination of State or Federal Constitutional questions and such other cases as may be directed by the Court shall be determined by the Court acting as a single body.

The Chief Justice shall preside over each Division and over the Court acting as a single body and when the Chief Justice is disqualified or is absent or is disabled from any cause the Justice oldest in point of service present and qualified shall preside over the entire Court and each division thereof until the disability of the Chief Justice is removed.[1]

Path to the ballot

  • The amendment was placed on the ballot as House Joint Resolution 52 of 1931.
  • The amendment was approved for the ballot on May 4, 1931.[1]

See also

BP-Initials-UPDATED.png
Suggest a link

External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-8-32"
  2. The Clewiston News, "Sample Ballot," November 4, 1932
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.