Help us improve in just 2 minutes—share your thoughts in our reader survey.

Florida Amendment 1, Citizen Requirement for Voting Initiative (2020)

From Ballotpedia
Jump to: navigation, search
Florida Amendment 1
Flag of Florida.png
Election date
November 3, 2020
Topic
Suffrage
Status
Approveda Approved
Type
Constitutional amendment
Origin
Citizens


Florida Amendment 1, the Citizen Requirement for Voting Initiative, was on the ballot in Florida as an initiated constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supports amending the Florida Constitution to state that “only a citizen” of the U.S. who is 18 years old or older can vote in Florida.

A "no" vote opposes amending the Florida Constitution, thus keeping the existing language that says “every citizen” of the U.S. who is 18 years old or older can vote in Florida.


Supermajority requirement: A 60 percent supermajority vote was required for the approval of Amendment 1.

Election results

Florida Amendment 1

Result Votes Percentage

Approved Yes

8,307,109 79.29%
No 2,169,684 20.71%
Results are officially certified.
Source


Overview

What did Amendment 1 change?

See also: Full text and ballot language

Amendment 1 amended Section 2 of Article VI of the Florida Constitution to state that only citizens of the United States who are 18 years old or older are qualified electors in Florida.[1][2]

  • Text of the Florida Constitution going into the election: "Every citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered."
  • Proposed text of the Florida Constitution under Amendment 1: "Only a citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered."

Who was behind the campaigns surrounding Amendment 1?

See also: Campaign finance, Support, and Opposition

Florida Citizen Voters led the campaign in support of the amendment. The committee was supported by Citizen Voters, Inc., a Florida-based 501(c)(4) organization founded by John Loudon that has supported similar measures in Alabama and Colorado. Citizen Voters contributed $8.3 million to the committee, with $5.8 million of that through in-kind contributions.[3][4] John Loudon said these amendments are needed across the nation because "surprisingly, the U.S. Constitution and every state constitution, with the exception of Arizona and North Dakota, does not specifically require citizenship to vote. Each of these state constitutions say nearly the same thing: 'Every citizen shall be an elector...' This inclusive language tells us who can vote, but not who can’t vote."[5]

Opponents of Amendment 1 included the ACLU of Florida and the Florida Chapter of the League of Women Voters. The Florida League of Women Voters said the measure "is cloaked in xenophobia and false patriotism. Rather than strengthen our democracy or protect our elections, it subverts and endangers the right of every citizen to vote. The amendment purports to limit voting to only U.S. citizens. [...] Instead, there have been persistent efforts to suppress voter registration and voting. One of the primary routes of such suppression has been through requiring increasingly costly and burdensome verification requirements, which could be enabled or justified by the passage of this amendment." The Committee to Advance Constitutional Values registered to oppose Amendments 1, 3, and 4 on the 2020 ballot. The committee was funded mainly by the ACLU and the ACLU of Florida. The committee raised $1.92 million and spent $1.54 million. Since the committee registered to oppose three measures, it is not possible to distinguish between funds spent on each individual measure.

Were similar measures on the ballot in other states?

See also: Background

Similar measures — Alabama Amendment 1 (referred to the ballot by the state legislature) and Colorado Amendment 76 (a citizen initiative) — were on the 2020 ballot in Alabama and Colorado. Both measures were supported by Citizen Voters, Inc. The Alabama measure was approved by a vote of 77% to 23%. The Colorado measure was approved by a vote of 63% to 37%.

What do other state constitutions say about citizenship and voting?

See also: Background

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 48 states, constitutional language discussing citizenship states who can vote (e.g. "every citizen" or "all citizens"), but does not state that non-citizens cannot vote. In Arizona and North Dakota, the states' constitutions provide that citizens, but not non-citizens, have the right to vote. In 1962, Arizona became the first state to pass a constitutional amendment stating that no person can vote unless the person is a U.S. citizen. The next state was North Dakota, which approved a constitutional amendment 56 years later in 2018. The measure amended the North Dakota Constitution to state that "only a citizen" rather than "every citizen" of the U.S. can vote in federal, state, and local elections. Measure 2 was approved by a vote of 66% to 34%.

Text of measure

Ballot title

The ballot title was as follows:[2]

Citizenship Requirement to Vote in Florida Elections[6]

Ballot summary

The ballot summary was as follows:[2]

This amendment provides that only United States Citizens who are at least eighteen years of age, a permanent resident of Florida, and registered to vote, as provided by law, shall be qualified to vote in a Florida election.[6]

Fiscal impact statement

The fiscal impact statement for the amendment appeared on the ballot as follows:[7]

Because the proposed amendment is not expected to result in any changes to the voter registration process in Florida, it will have no impact on state or local government costs or revenue. Further, it will have no effect on the state’s economy.[6]

Constitutional changes

See also: Article VI, Florida Constitution

The measure amended Section 2 of Article VI of the Florida Constitution. The following underlined text was added and struck-through text was deleted:[2]

Every citizen Only a citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered.[6]

Readability score

See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 16, and the FRE is -6. The word count for the ballot title is 7, and the estimated reading time is 1 second. The FKGL for the ballot summary is grade level 19, and the FRE is 28. The word count for the ballot summary is 38, and the estimated reading time is 10 seconds.


Support

Florida Citizen Voters led the campaign in support of the initiative.[2]

Supporters

Political Parties

  • Miami Dade Republican Party

Organizations

Individuals


Arguments

  • John Loudon, National Chairman of Citizen Voters: "There is controversy about the extent to which non-citizens are already voting illegally. Most consider this to be a problem, particularly in states that both issue driver licenses to non-citizens and automatically register everyone with a driver license to vote. Surprisingly, the U.S. Constitution and every state constitution, with the exception of Arizona and North Dakota, does not specifically require citizenship to vote. Each of these state constitutions say nearly the same thing: 'Every citizen shall be an elector...' This inclusive language tells us who can vote, but not who can’t vote. That’s why we need the Citizen Voters Amendment."
  • Citizen Voters: "Did you know many U.S. state constitutions do not limit voting to U.S. citizens? In fact, Chicago, San Francisco, and 11 cities in Maryland allow non-citizens to vote. New York and Boston are trying to be next. In fact, only two state constitutions specifically limit voting to US Citizens – Arizona, and North Dakota where the Citizen Voters Amendment was passed at the November 2018 ballot with a landslide 66% of the vote."


Opposition

Opponents

Political Parties

  • Miami Dade Democratic Party

Organizations

Arguments

  • League of Women Voters of Florida: "Amendment 1 would make no substantive change to Florida’s constitution, which already limits voting to US Citizens."
  • ACLU of Florida: "Ballot initiative #1, the so-called “Citizenship Requirement to Vote in Florida Elections,” is cloaked in xenophobia and false patriotism. Rather than strengthen our democracy or protect our elections, it subverts and endangers the right of every citizen to vote. The amendment purports to limit voting to only U.S. citizens. However, federal and state law are already clear that voting rights are strictly for U.S. citizens, and there are no movements to expand voting rights to noncitizens in Florida. Instead, there have been persistent efforts to suppress voter registration and voting. One of the primary routes of such suppression has been through requiring increasingly costly and burdensome verification requirements, which could be enabled or justified by the passage of this amendment."


Media editorials

Support

Ballotpedia did not identify media editorials supporting Amendment 1. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

Opposition

  • Sun Sentinel Editorial Board: "Practically speaking, that is a distinction without a difference. It is wildly fanciful to imagine the Florida Legislature ever changing the statute to allow noncitizens to vote, or that the Florida Supreme Court would allow it. By definition, a constitution that specifies who may vote automatically says who may not."
  • Herald-Tribune Editorial Board: "There are two plausible narratives about why this amendment creating a meaningless distinction – stipulating that 'only' citizens can vote instead of allowing 'every' citizen to vote – has come before you. One is that it enabled the sponsors to hire signature gatherers before other advocates, including those for solar energy, could get them under contract. Another is that the exclusionary language about citizenship might motivate voters with anti-immigration sentiments to cast ballots. But we can't really know because of the secretive funding behind this scheme. We recommend voting no."
  • Miami Herald Editorial Board: "If you’ve ever voted, you know that you must prove to your local elections supervisor that you are a U.S. citizen, a state resident and 18 years old. Florida law already says that “every citizen” can vote. Seems pretty clear. ... Vote NO on Amendment 1."
  • Tampa Bay Times Editorial Board: "An organization called Florida Citizen Voters sponsored the amendment, and its chairman argues that the change could prevent cities from allowing non-citizens to vote, as San Francisco allowed a handful to do in local school board races there two years ago. ... In Florida, only U.S. citizens can vote, whether the state Constitution is amended or not. The Florida Constitution should not be amended on a whim — or to “fix” a problem that doesn’t exist. On Amendment 1, the Tampa Bay Times recommends voting no."
  • Orlando Sentinel Editorial Board: "Florida law states that a person can register to vote only if they are a citizen of the United States. Problem solved, you would think. ... And yet, here we are, deciding whether to alter the constitution to stop something that not only isn’t happening here but already is prohibited by state law. ... Those are plenty of reasons for voters to say no to Amendment No. 1."
  • Palm Beach Post Editorial Board: "This thoroughly unnecessary measure is on the ballot this November for a cynical reason. The group, Florida Citizen Voters, is hoping to attract conservative, anti-immigrant voters who might otherwise sit this election out."


Campaign finance

See also: Campaign finance requirements for Florida ballot measures

One committee was registered to support Amendment 1: Florida Citizen Voters. The committee reported $2.46 million in cash contributions and $5.84 million in in-kind contributions, all from Citizen Voters, Inc. The committee reported cash expenditures totaling $2.46 million.[8]

Florida Citizen Voters reported cash and in-kind expenditures paid to the petition gathering company Let the Voters Decide totaling $7.86 million.[8]

The Committee to Advance Constitutional Values registered to oppose Amendments 1, 3, and 4 on the 2020 ballot. The committee was funded mainly by the ACLU and the ACLU of Florida. The committee raised $1.92 million and spent $1.54 million. Since the committee registered to oppose three measures, it is not possible to distinguish between funds spent on each individual measure.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $2,459,559.60 $5,839,383.95 $8,298,943.55 $2,462,058.73 $8,301,442.68
Oppose $1,448,315.33 $469,786.71 $1,918,102.04 $1,544,530.42 $2,014,317.13
Total $3,907,874.93 $6,309,170.66 $10,217,045.59 $4,006,589.15 $10,315,759.81

Support

Committees in support of Amendment 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Florida Citizen Voters $2,459,559.60 $5,839,383.95 $8,298,943.55 $2,462,058.73 $8,301,442.68
Total $2,459,559.60 $5,839,383.95 $8,298,943.55 $2,462,058.73 $8,301,442.68

Top donors

Citizen Voters, Inc. provided 99.98% of the contributions to the support campaign.

Donor Cash Contributions In-Kind Contributions Total Contributions
Citizen Voters, Inc. $2,457,559.60 $5,839,383.95 $8,296,943.55
Morning in America $2,000.00 $0.00 $2,000.00

Opposition

Committees in opposition to Amendment 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Committee to Advance Constitutional Values $1,448,315.33 $469,786.71 $1,918,102.04 $1,544,530.42 $2,014,317.13
Total $1,448,315.33 $469,786.71 $1,918,102.04 $1,544,530.42 $2,014,317.13

Top donors

Donor Cash Contributions In-Kind Contributions Total Contributions
ACLU $1,415,415.00 $112,932.54 $1,528,347.54
ACLU of Forida $35,000.00 $356,854.17 $391,854.17
Fairness Maryland, Inc $12,500.00 $0.00 $12,500.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

Poll results regarding the measure are detailed below.[9]

Florida Amendment 1, Citizen Requirement for Voting Initiative
Poll Support OpposeUnsureMargin of errorSample size
Civiqs/Daily Kos poll
10/17/20 - 10/20/20
53.0%39.0%9.0%+/-3.5863
University of North Florida poll
10/1/20 - 10/4/20
78.0%18.0%2.0%+/-1.83,055
St. Leo University Polling Institute
11/13/19 - 11/18/19
80.4%10.4%9.2%+/-4.5500
AVERAGES 70.47% 22.47% 6.73% +/-3.27 1,472.67
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.


Background

As of 2019, neither Florida nor any of the state's local jurisdictions allowed non-citizens to vote in elections. Florida law provides that, in order to register to vote, one must be at least 18 years old, a citizen of the United States, and a legal resident of Florida and the county in which they are registering.[10]

Non-citizen voting in the U.S.

In 1996, the U.S. Congress passed a law prohibiting non-citizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections.[11] Federal law did not address state or local elections.[12][13]

Examples of localities that allow non-citizen voting

Voters in San Francisco approved a measure, Proposition N, in 2016 which allowed non-citizens to register to vote in school board elections.[14] New York City allowed non-citizens to vote in local school board elections from 1968 to 2003 until the city abolished elected school boards. As of 2019, 11 cities in Maryland, including Hyattsville, Mount Rainier, and Takoma Park allowed non-citizens to vote.[14][15] Chicago has allowed noncitizens to vote and serve on its school councils since 1989.[16]

Similar measures in other states

See also: Suffrage on the ballot

Amendments to change constitutional language to explicitly require voters to be U.S. citizens were on the 2020 ballot in Alabama, Colorado, and Florida. A similar initiative was proposed in Maine targeting the 2020 ballot, though the effort in Maine was suspended as of October 16, 2019, citing fundraising difficulties.[17]

Voters in North Dakota decided on a similar measure, Measure 2, in 2018. The measure amended the North Dakota Constitution to state that “only a citizen” rather than "every citizen" of the U.S. can vote in federal, state, and local elections. Measure 2 was approved by a vote of 66% to 34%. Gary Emineth, Republican candidate for District 35 of the North Dakota State Senate, sponsored the initiative. Emineth was also the chairman of North Dakotans for Citizen Voting, the group that led the campaign in support of Measure 2. Citizen Voters, Inc. listed North Dakota as one of the group's successes.[18]

Arizona approved an amendment in 1962 that required voters in all elections to be U.S. citizens.

Constitutional language by state: citizenship and suffrage

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 48 states, constitutional language discussing citizenship states who can vote (e.g. "every citizen" or "all citizens"), but does not state that non-citizens cannot vote. In Arizona and North Dakota, the states' constitutions provide that citizens, but not non-citizens, have the right to vote.

The following table lists what each state's constitution says regarding citizenship and the right to vote. Click the arrow to browse pages in the chart or search for a state within the chart.

Election policy on the ballot in 2020

In 2020, voters in 14 states voted on 18 ballot measures addressing election-related policies. One of the measures addressed campaign finance, one were related to election dates, five addressed election systems, three addressed redistricting, five addressed suffrage, and three addressed term limits.

Click Show to read details about the election-related measures on statewide ballots in 2020.

Path to the ballot

See also: Laws governing the initiative process in Florida

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 28 congressional districts. Signatures remain valid until February 1 of an even-numbered year.[31] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."[32]

The requirements to get an initiative certified for the 2020 ballot:

  • Signatures: 766,200 valid signatures
  • Deadline: The deadline for signature verification was February 1, 2020. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Details about the initiative

  • The initiative was approved for circulation on November 28, 2018.[2]
  • The Division of Elections reported that Florida Citizen Voters had qualified for the ballot on September 19, 2019. Florida Citizen Voters submitted 927,908 valid signatures.[2][33][34]
  • The Florida Supreme Court ruled the measure was constitutional on January 16, 2020.[2]

Cost of signature collection:
Sponsors of the measure hired Let the Voters Decide to collect signatures for the petition to qualify this measure for the ballot. A total of $7,864,029.60 was spent to collect the 766,200 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $10.26.

How to cast a vote

See also: Voting in Florida

Click "Show" to learn more about voter registration, identification requirements, and poll times in Florida.

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. Florida Department of Elections, "Initiative 18-14 text," accessed December 4, 2018
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Florida Secretary of State, "Initiative 18-14 information," accessed December 4, 2018
  3. Citizen Voters, "Home," accessed July 18, 2019
  4. Florida Division of Corporations, "Citizen Voters, Inc." accessed November 20, 2019
  5. Sun-Sentinel, "It's time voting be constitutionally limited to U.S. citizens," accessed December 10, 2019
  6. 6.0 6.1 6.2 6.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  7. Miami Dade, "Official Sample Ballot- General Election," accessed September 30, 2020
  8. 8.0 8.1 Florida Division of Elections, "Campaign Finance Database," accessed March 19, 2021
  9. Sant Leo University Polling Institute, "Saint Leo University Survey Reveals Florida Public Sentiment on Traffic Laws, Additional Voter Rights Expansion, Marijuana Regulation," accessed December 30, 2019
  10. Florida Statutes, "Title IX, Electors and Elections," accessed December 2, 2019
  11. Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed November 1, 2018
  12. NBC News, "House GOP passes measure blasting allowing non-citizens to vote in local elections," September 26, 2018
  13. Tampa Bay Times, "Non-citizens can’t vote in Florida. So why is this group trying to ban it...again?" accessed September 24, 2019
  14. 14.0 14.1 CNN, "Noncitizens in San Francisco can register to vote, but only for school board elections," July 20, 2018
  15. Citizen Voters, "Home," accessed June 10, 2019
  16. The Nation, "Letting Noncitizens Vote in the Trump Era," accessed June 10, 2019
  17. Bangor Daily News, "Maine conservatives suspend 2020 referendum drive to bar noncitizens from voting," accessed October 16, 2019
  18. Citizen Voters, Inc., "Our successes," accessed December 10, 2019
  19. Alaska Division of Elections, "Alaska's Better Elections Initiative," accessed January 6, 2020
  20. Colorado General Assembly, "Senate Bill 42 (2019)," accessed September 5, 2019
  21. Florida Department of Elections, "Initiative 19-07," accessed March 14, 2019
  22. Massachusetts Attorney General, "Initiative 19-10: Initiative Petition for a Law to Implement Ranked-Choice Voting in Elections," accessed August 7, 2019
  23. Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
  24. Missouri Legislature, "SJR 38 Full Text," accessed February 10, 2020
  25. New Jersey State Legislature, "Assembly Concurrent Resolution 188," accessed July 31, 2020
  26. U.S. Census Bureau, "2020 Census Operational Adjustments Due to COVID-19," accessed August 10, 2020
  27. Virginia General Assembly, "Senate Bill 236," accessed March 5, 2020
  28. Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
  29. Kentucky Legislature, "House Bill 405 Text," accessed March 11, 2020
  30. Missouri State Senate, "SJR 14," accessed April 17, 2019
  31. Before the passage of Florida Senate Bill 1794 of 2020, signatures remained valid for a period of two years
  32. Florida State Senate, "Florida Senate Bill 1794," accessed April 13, 2020
  33. PR Newswire, "National Campaign for State Constitutional Amendments Declares Success for Florida 2020 Ballot with 1.5 Million Petitions," accessed July 11, 2019
  34. PR Newswire, "National Campaign for State Constitutional Amendments Declares Success for Florida 2020 Ballot with 1.5 Million Petitions," accessed July 11, 2019
  35. Florida Secretary of State, "FAQ - Voting," accessed July 23, 2024
  36. 36.0 36.1 Florida Division of Elections, "National Voter Registration Act (NVRA)," accessed July 23, 2024
  37. 37.0 37.1 Florida Division of Elections, "Register to Vote or Update your Information," accessed July 23, 2024
  38. Florida Department of State, "Florida Voter Registration Application Instructions and Form," accessed November 1, 2024
  39. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  40. Florida Division of Elections, "Election Day Voting," accessed July 22, 2024
  41. Florida Division of Elections, "Florida History: Voter ID at the Polls," accessed July 22, 2024