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Florida State Supreme Court Amendment (1940)
| Florida State Supreme Court Amendment | |
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| Election date |
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| Topic State judiciary |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Florida State Supreme Court Amendment was on the ballot as a legislatively referred constitutional amendment in Florida on November 5, 1940. It was approved.
A “yes” vote supported establishing a seventh Supreme Court Justice, allowing the court to act in divisions, and designating the Chief Justice as chief administrative officer. |
A “no” vote opposed establishing a seventh Supreme Court Justice, allowing the court to act in divisions, and designating the Chief Justice as chief administrative officer. |
Election results
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Florida State Supreme Court Amendment |
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| Result | Votes | Percentage | ||
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93,340 | 54.45% | ||
| No | 78,071 | 45.55% | ||
Text of measure
Ballot title
The ballot title for State Supreme Court Amendment was as follows:
| “ | CONSTITUTIONAL AMENDMENT ARTICLE V, SECTION 2 AND 4 To amend Sections 2 and 4, Article 5, Florida Constitution, so as to create a seventh Justice for the Florida Supreme Court, to provide the manner for his election, to empower the court to act in divisions and designating the Chief Justice as chief administrative officer of the Court. FOR THE AMENDMENT AGAINST THE AMENDMENT | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
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Section 2. (a) The Supreme Court shall consist of seven (7) Justices and the term of office of each Justice shall be six years; no term of any incumbent shall be affected by this amendment. (b) Each Justice of the Supreme Court shall be elected by the qualified electors of the State at the time and places of voting for members of the legislature, at the general election next preceding the expiration of each term of such office. (c) In the event of the ratification of this amendment it shall thereupon be the duty of the then 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, 1943, and his successor shall be elected at the general election in 1942 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1943. (d) The successors of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their respective terms of office, but in event of a vacancy in office of any Justice and there be an unexpired term the successor shall be elected for the balance of the unexpired term. Section 4. (a) The Supreme Court may hear, consider and determine cases 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 divisions. (b) The Circuit Judges shall at all times be subject to call to the Supreme Court by that Court or the Chief Justice thereof, and during the call shall be members thereof as associate justices to act in place of any absent, disqualified or disabled justice or for assignment to a division, but no division shall include more than one circuit judge. A division shall consist of three members of said court exclusive of the Chief Justice, and the judgment of a division concurred in by the Chief Justice shall be the judgment of the Court unless such case involves (1) capital punishment, or (2) the determination of a State or Federal constitutional question wherein shall be brought into controversy the constitutionality of a Federal or State statute, rule, regulation or municipal ordinance, or (3) there be a dissent to the proposed judgment of a division by a member thereof or the Chief Justice, or (4) ordered by the Chief Justice to be considered by two divisions; whereupon it shall require the consideration of two divisions and the Chief Justice. (c) The Chief Justice shall be the chief administrative officer of the Court and responsible for the dispatch of business and procuring consistent decisions; he shall not be required to examine the record of a cause but may accept the conclusions of fact found by a division and state in the opinion or accompanying statement and act upon the law so stated and discussed and its application to such fact, but in event of an equal division between those members properly considering a cause, he shall examine the record and participate therein as other justices. In the event the Chief Justice be unable to act for any cause the Justice longest in continuous service and able to act shall act instead with like effect. |
Path to the ballot
- See also: Amending the Florida Constitution
A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.
See also
External links
- Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
- The Independent, "Sample Ballot For Election Nov. 5," November 4, 1940]
Footnotes
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State of Florida Tallahassee (capital) |
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