Become part of the movement for unbiased, accessible election information. Donate today.
Florida State and Federal Office Primaries through a Top-Two Open System Initiative (2020)
| Florida Top-Two Open Primary for State and Federal Office Initiative | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Elections and campaigns | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Florida Top-Two Open Primary for State and Federal Office Initiative was not on the ballot in Florida as an initiated constitutional amendment on November 3, 2020.[1]
While this initiative governing state and federal office elections did not make the ballot, a top-two primary initiative for state offices did qualify for the 2020 ballot.
Measure design
The measure would have established a top-two open primary system for state and federal elections in Florida.[1]
A top-two primary is a type of primary election in which all candidates are listed on the same primary ballot. The top two vote-getters, regardless of their partisan affiliations, advance to the general election. Consequently, it is possible for two candidates belonging to the same political party to win in a top-two primary and face off in the general election.[2][3] An open primary is any primary election in which a voter either does not have to formally affiliate with a political party in order to vote in its primary or can declare his or her affiliation with a party at the polls on the day of the primary even if the voter was previously affiliated with a different party.[4][5]
Text of measure
Ballot title
The proposed title would have been as follows:[6]
| “ | Top Two Open Primaries[7] | ” |
Ballot summary
The proposed ballot summary would have been as follows:[6]
| “ | This amendment will implement a top two open primary for state and federal
elective offices. All candidates will appear on a single ballot, and all registered voters will be allowed to vote in each primary election. The two candidates receiving the highest number of votes for each office will appear on the general election ballot.[7] |
” |
Constitutional changes
- See also: Article VI, Florida Constitution
The measure would have amended Section 5 of Article VI of the Florida Constitution. The following underlined text would have been added:[6]
Note: Hover over the text and scroll to see the full text.
SECTION 5. Primary, general, and special elections.—
(a) A general election shall be held in each county on the first Tuesday after the first Monday in November of each even numbered year to choose a successor to each elective state and county officer whose term will expire before the next general election and, except as provided herein, to fill each vacancy in elective office for the unexpired portion of the term.
A general election may be suspended or delayed due to a state of emergency or impending emergency pursuant to general law. Special elections and referenda shall be held as provided by law.
(b) If all candidates for an office have the same party affiliation and the
winner will have no opposition in the general election, all qualified electors,
regardless of party affiliation, may vote in the primary elections for that office.
(b) This subsection shall govern all primary elections for all federal and state elective offices except for those races in which no party affiliation, registration, or preference appears on the ballot as provided by law; and the system for selection of President and Vice President of the United States.
(1) All electors qualified to vote for the office being filled shall be allowed to vote in the primary election regardless of the voter’s affiliation or lack of affiliation with a political party and regardless of the candidate’s nomination by, or affiliation with, a political party.
(2) All candidates for an office shall be listed on a single primary ballot regardless of their nomination by, or affiliation with, a political party. Only the two candidates receiving the greatest numbers of votes cast in the primary election shall advance to the general election and appear on that ballot; no other candidate shall appear on the general election ballot. In case of a tie, between candidates with the greatest number of votes, making them eligible to advance to the general election, the winner will be determined by law.
(3) If more than one candidate is to be elected to an office, the number of candidates advancing to the general election shall be twice the number to be elected, with said candidates receiving the greatest number of votes.
(4) Should only two candidates qualify for the same office, no primary election will be held and the winner will be determined in the general election.
(5) Candidates nominated, endorsed, or otherwise selected by a political party to run in the primary election may have such nomination, endorsement, or selection indicated on the ballot in a manner provided by law.
(6) A candidate that is not nominated, endorsed, or otherwise selected by a political party to run in the primary election may have their political party preference, or lack of a political party preference, indicated upon the ballot in a manner provided by law. Designation of a party preference by a candidate under this paragraph shall not constitute or imply the nomination, endorsement, or selection of the candidate by the political party designated.
(7) Nothing in this subsection shall be interpreted to prohibit a political party or a party central committee from nominating, endorsing, supporting, or opposing any candidate.
(8)This subsection is effective upon adoption by the voters and is self-executing.[7]
Sponsors
Florida Fair and Open Primaries led the campaign in support of the initiative.[6]
Path to the ballot
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.[8] 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."[9]
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 June 28, 2018.[6]
- The initiative was withdrawn on May 24, 2019.[6]
See also
External links
- Florida Division of Elections Booklet: Proposed Constitutional Amendments 2020 General Election
- Initiative 18-06 information
- Initiative 18-06 full text
Footnotes
- ↑ 1.0 1.1 Florida Department of Elections, "Initiative 18-06 text," accessed September 25, 2018
- ↑ Taegan Goddard's Political Dictionary, "Jungle primary," accessed January 13, 2016
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed September 11, 2017
- ↑ FairVote, "Who Can Vote in Congressional Primaries," accessed August 17, 2017
- ↑ National Conference of State Legislatures, "State Primary Election Types," July 21, 2016
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 Cite error: Invalid
<ref>tag; no text was provided for refs namedinitiative - ↑ 7.0 7.1 7.2 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 - ↑ Before the passage of Florida Senate Bill 1794 of 2020, signatures remained valid for a period of two years
- ↑ Florida State Senate, "Florida Senate Bill 1794," accessed April 13, 2020
 |
State of Florida Tallahassee (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
