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Florida Amendment 4, Right to Abortion Initiative (2024)
| Florida Amendment 4 | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Abortion | |
| Status On the ballot | |
| Type Constitutional amendment | Origin Citizens |
Florida Amendment 4, the Right to Abortion Initiative, is on the ballot in Florida as an initiated constitutional amendment on November 5, 2024.
A "yes" vote supports establishing a constitutional right to abortion before fetal viability. |
A "no" vote opposes establishing a constitutional right to abortion before fetal viability. |
Overview
What would the initiative do?
- See also: Text of measure
The initiative would provide a constitutional right to abortion before fetal viability (estimated to be around 24 weeks) or when necessary to protect the patient's health, as determined by the patient's healthcare provider.[1]
The following language would be added to the state constitution: "Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."[1]
The initiative would not change the state legislature's authority to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.[2]
Who is behind the campaigns surrounding the initiative?
- See also: Support and Opposition
Floridians Protecting Freedom, which describes itself as "a statewide campaign of allied organizations and concerned citizens working together to protect Floridians’ access to reproductive health care and defend the right to bodily autonomy," sponsored the initiative. The campaign said, "All Floridians deserve the freedom to make personal medical decisions, free of government intrusion," and that "there are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients." Supporters of the initiative include the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, Florida Rising, SEIU 1199 Florida, and Women's Voices of Southwest Florida.[3]
Florida Voters Against Extremism is leading the campaign in opposition to the initiative. Other opponents include the Florida Conference of Catholic Bishops, Florida Family Policy Council, Susan B. Anthony Pro-Life America, Florida Family Action, the Florida Republican Party, and Florida Governor Ron DeSantis (R). Florida Voters Against Extremism said the initiative "does not require an actual medical doctor to determine if an abortion is necessary to protect the mother’s health or if the fetus is viable, but instead allows any 'health care provider' to make these decisions. Under Florida law, 'health care providers' is not limited to doctors so even employees of abortion clinics who are not doctors would be able to approve late-term abortions." FVAE also said the initiative would "[eliminate] the current law that requires parental consent for their minor daughter to have an abortion" and "would allow abortion right up to the moment of birth, including when a baby is capable of feeling pain with no protections for the unborn baby."[4]
How does this initiative fit into the abortion ballot measure landscape?
- See also: Background
In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, effectively returning abortion policy decisions to the states. Since 2022, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated. In 2024, voters in Maryland will decide on a constitutional amendment to create a right to abortion and voters in New York will decide on a constitutional amendment to prohibit the denial of rights to an individual based on their "ethnicity, national origin, age, [and] disability," as well as their "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
What is the status and history of abortion in Florida?
- See also: Background
On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban will take effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.[5]
In 2012, voters rejected an amendment limiting public funds for abortions, and in 2004, they approved parental notification for minors seeking abortions.
Commentary regarding the initiative's potential impact on 2024 elections
- See also: Presidential election in Florida, 2024
The following quotes showcase the opinions and predictions of the initiative's potential impact on the election from Democratic campaign leaders, Republican consultants, legislators, Governor Ron DeSantis (R), presidential candidate Donald Trump (R), and others.
|
Text of measure
Ballot title
The ballot title is as follows:[1]
| “ | Amendment to Limit Government Interference with Abortion[14] | ” |
Ballot summary
The proposed ballot summary is as follows:[1]
| “ | No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. [14] | ” |
Constitutional changes
- See also: Article I, Florida Constitution
The ballot initiative would add a new section to Article I of the Florida Constitution. The following underlined text would be added:[1]
| Limiting government interference with abortion.— Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. [14] |
Support
Floridians Protecting Freedom is leading the campaign in support of the initiative.[15]
Supporters
Officials
- President of the United States Joe Biden (D)
- U.S. Rep. Frederica S. Wilson (D)
- State Sen. Lauren Book (D)
- State Sen. Jason Pizzo (D)
Unions
Organizations
- ACLU of Florida
- Faith in Public Life Action
- Florida Rising
- Florida Women's Freedom Coalition
- League of Women Voters of Florida
- Men4Choice
- Planned Parenthood of Southwest and Central Florida
- The Fairness Project
- Women's Voices of Southwest Florida
Arguments
Opposition
Florida Voters Against Extremism is leading the campaign in opposition to the initiative.[16]
Opponents
Officials
- Florida Gov. Ron DeSantis (R)
- Attorney General Ashley B. Moody (R)
Political Parties
Organizations
- Florida Conference of Catholic Bishops
- Florida Family Action, Inc.
- Florida Family Policy Council
- Florida Right to Life
- National Center for Life and Liberty
- Susan B. Anthony Pro-Life America
Arguments
Campaign finance
Floridians Protecting Freedom is sponsoring the initiative. The campaign reported $19.97 million in contributions. Various branches of Planned Parenthood contributed a total of $4.32 million.[17]
Florida Voters Against Extremism registered to oppose the initiative. The campaign reported $75,640 in contributions. The Florida Conference of Catholic Bishops contributed 93% of the donations to the opposition committee.[17]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $17,918,218.36 | $2,059,999.38 | $19,978,217.74 | $17,843,999.21 | $19,903,998.59 |
| Oppose | $30,640.00 | $45,000.00 | $75,640.00 | $28,004.79 | $73,004.79 |
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative.[17]
| Committees in support of Amendment 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Floridians Protecting Freedom | $17,918,218.36 | $2,059,999.38 | $19,978,217.74 | $17,843,999.21 | $19,903,998.59 |
| Total | $17,918,218.36 | $2,059,999.38 | $19,978,217.74 | $17,843,999.21 | $19,903,998.59 |
Donors
Following are donors who contributed more than $1 million to the committee.[17]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Marsha Laufer | $2,103,250.20 | $0.00 | $2,103,250.20 |
| Planned Parenthood of South, East, and North Florida | $1,230,134.22 | $344,788.95 | $1,574,923.17 |
| Planned Parenthood Action Fund | $1,402,500.00 | $5,390.81 | $1,407,890.81 |
| American Civil Liberties Union | $1,213,195.50 | $18,127.29 | $1,231,322.79 |
| Planned Parenthood of Southwest and Central Florida | $1,110,000.00 | $116,113.49 | $1,226,113.49 |
Opposition
The following table includes contribution and expenditure totals for the committee in support of the initiative.[17]
| Committees in opposition to Amendment 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Florida Voters Against Extremism | $30,640.00 | $45,000.00 | $75,640.00 | $28,004.79 | $73,004.79 |
| Total | $30,640.00 | $45,000.00 | $75,640.00 | $28,004.79 | $73,004.79 |
Donors
Following are donors who contributed more than $5,000 to the committee.[17]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Florida Conference of Catholic Bishops | $25,000.00 | $45,000.00 | $70,000.00 |
| Florida Family Action, Inc. | $5,000.00 | $0.00 | $5,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Polls
- See also: 2024 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Florida Amendment 4, Right to Abortion Initiative (2024) | ||||||
|---|---|---|---|---|---|---|
| USA Today/Ipsos | 4/5/2024-4/7/2024 | 1014 RV | ± 4.1% | 57% | 36% | 6% |
| Question: "If there is a ballot measures in Florida to decide abortion rights, would you vote for or against making abortion legal up until fetal viability, which is at about 24 weeks?" | ||||||
| Emerson College Polling | 4/9/2024-4/10/2024 | 1000 RV | ± 3.00% | 42% | 25% | 32% |
| Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?" | ||||||
| University of North Florida | 11/6/2023-11/26/2023 | 716 RV | ± 4.37% | 62% | 29% | 9% |
| Question: "An amendment has been proposed to the Florida Constitution that states, “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” If the measure appears on the Florida ballot in 2024, will you vote yes or no on this amendment?" | ||||||
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United Statesagreed to hear the case.[18]
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
Roe v. Wade (1973)
In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[19]
The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.[19]
Status of abortion in Florida
This section outlines the changes in laws related to abortion from 2004 to 2023. The events are listed in reverse chronological order with the most recent appearing first.
- On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban will take effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.
- On April 13, 2023, Florida Governor Ron DeSantis (R) signed Senate Bill 300, the Heartbeat Protection Act, which was designed to prohibit abortions once a fetal heartbeat is detectible, generally around six weeks into pregnancy. The new bill banning abortions after six weeks was set to take effect 30 days after the Florida Supreme Court rules on the 15-week abortion ban case.[20]
- On January 23, 2023, the Florida Supreme Court agreed to hear arguments in Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al., a case brought by Florida abortion providers challenging the constitutionality of House Bill 5. The 15-week abortion ban law has remained in effect pending the state supreme court ruling.[21]
- On April 15, 2022, Florida Governor Ron DeSantis (R) signed House Bill 5, which created a ban on abortions after 15 weeks. Prior to the law taking effect in July 2022, abortions were legal in Florida until 24 weeks.[21]
- In 2012, Florida voters rejected an amendment placed on the ballot by the state legislature that would have prohibited the state from spending public funds for abortions or health insurance that includes abortion coverage. Exceptions would have been made for (a) when a physician determined that physical conditions placed the woman at risk of death unless an abortion was performed; (b) when a pregnancy resulted from rape or incest; or (c) when federal law required the spending. The amendment would have also added language to the Florida Constitution stating that the state constitution could not be interpreted to "create broader rights to an abortion" than the U.S. Constitution.
- In 2004, Florida voters approved a constitutional amendment referred to them by the state legislature that authorized the Florida State Legislature to enact a law requiring that the parents of a minor must be notified before the minor receives an abortion. It provides exceptions to parental notification through a judicial waiver process. It was approved with 65% of voters in favor and 35% opposed.
Abortion regulations by state
- See also: Abortion regulations by state
As of April 26, 2024, 41 states restricted abortions after a certain point in pregnancy.[22] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:
- Fourteen states restrict abortion after conception
- Two states restricts abortion at six weeks post-fertilization
- Two states restrict abortion at 12 weeks post-fertilization
- Two state restricts abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Four states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- Eleven states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.
Some of the terms that are used to describe states' thresholds for abortion restriction include the following:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[23]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[24][25]
- Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[26]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[24]
- Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[27]
- Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[27]
| State abortion restrictions based on stage of pregnancy | ||
|---|---|---|
| State | Does the state restrict abortion after a specific point in pregnancy? | Threshold for restriction |
| Alabama | Yes | Conception |
| Alaska | No | None |
| Arizona | Yes | 15 weeks since last menstrual period[28] |
| Arkansas | Yes | Conception |
| California | Yes | Fetal viability |
| Colorado | No | None |
| Connecticut | Yes | Fetal viability |
| Delaware | Yes | Fetal viability |
| Florida | Yes | 15 weeks since last menstrual period |
| Georgia | Yes | Six weeks post-fertilization |
| Hawaii | Yes | Fetal viability |
| Idaho | Yes | Conception |
| Illinois | Yes | Fetal viability |
| Indiana | Yes | Conception |
| Iowa | Yes | 20 weeks post-fertilization |
| Kansas | Yes | 20 weeks since last menstrual period |
| Kentucky | Yes | Conception |
| Louisiana | Yes | Conception |
| Maine | Yes | Fetal viability |
| Maryland | No | None |
| Massachusetts | Yes | 24 weeks post-fertilization |
| Michigan | No | None |
| Minnesota | No | None |
| Mississippi | Yes | Conception |
| Missouri | Yes | Conception |
| Montana | Yes | Fetal viability |
| Nebraska | Yes | 12 weeks post-fertilization |
| Nevada | Yes | 24 weeks post-fertilization |
| New Hampshire | Yes | 24 weeks since last menstrual period |
| New Jersey | No | None |
| New Mexico | No | None |
| New York | Yes | Fetal viability |
| North Carolina | Yes | 12 weeks post-fertilization |
| North Dakota | Yes | Conception |
| Ohio | Yes | 20 weeks post-fertilization |
| Oklahoma | Yes | Conception |
| Oregon | No | None |
| Pennsylvania | Yes | 24 weeks since last menstrual period |
| Rhode Island | Yes | Fetal viability |
| South Carolina | Yes | Six weeks post-fertilization |
| South Dakota | Yes | Conception |
| Tennessee | Yes | Conception |
| Texas | Yes | Conception |
| Utah | Yes | 18 weeks since last menstrual period |
| Vermont | No | None |
| Virginia | Yes | Third trimester since last menstrual period |
| Washington | Yes | Fetal viability |
| Washington, D.C. | No | None |
| West Virginia | Yes | Conception |
| Wisconsin | Yes | 20 weeks post-fertilization |
| Wyoming | Yes | Fetal viability |
| Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed November 25, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed November 25, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed November 25, 2022 | ||
History of abortion ballot measures
- See also: History of abortion ballot measures
In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.
From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
The following graph shows the number of abortion-related ballot measures per year since 1970:
Constitutional rights
The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Florida | 2024 | Amendment 4, Right to Abortion Initiative | N/A | N/A | |
| Maryland | 2024 | Right to Reproductive Freedom Amendment | N/A | N/A | |
| New York | 2024 | Equal Protection of Law Amendment | N/A | N/A | |
| Ohio | 2023 | Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative | 56.78% | 43.22% |  |
| California | 2022 | Proposition 1: Right to Reproductive Freedom Amendment | 66.88% | 33.12% | |
| Michigan | 2022 | Proposal 3: Right to Reproductive Freedom Initiative | 56.66% | 43.34% | |
| Vermont | 2022 | Proposal 5: Right to Personal Reproductive Autonomy Amendment | 76.77% | 23.23% | |
Constitutional interpretation
The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Kansas | 2022 | No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.03% | 58.97% |  |
| Kentucky | 2022 | No State Constitutional Right to Abortion Amendment | 47.65% | 52.35% | |
| Louisiana | 2020 | Amendment 1: No Right to Abortion in Constitution Amendment | 62.06% | 37.94% | |
| Alabama | 2018 | Amendment 2: State Abortion Policy Amendment | 59.01% | 40.99% | |
| West Virginia | 2018 | Amendment 1: No Right to Abortion in Constitution Measure | 51.73% | 48.27% | |
| Tennessee | 2014 | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 52.60% | 47.40% | |
| Florida | 2012 | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 44.90% | 55.10% | |
| Massachusetts | 1986 | Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.83% | 58.17% | |
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.[29] 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 Generaland 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."[30]
The requirements to get an initiative certified for the 2024 ballot:
- Signatures: 891,523 valid signatures
- Deadline: The deadline for signature verification was February 1, 2024. 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 organization Floridians Protecting Freedom, Inc. filed the ballot initiative, which was approved for signature gathering on May 8, 2023.[1]
- As of September 1, 2023, the Florida Division of Elections reported that the campaign had submitted 297,586 valid signatures, qualifying the initiative for a review by the Florida Supreme Court.[31]
- The Division of Elections determined that the initiative qualified for the ballot on January 5, 2024, and that sponsors had submitted 996,512 valid signatures.[1]
Florida Supreme Court Review
In Florida, once proponents submit 25% of the required number of signatures for an initiative, 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]
On October 31, 2023, Florida Attorney General Ashley B. Moody filed a brief with the Florida Supreme Court arguing that the initiative should be blocked from appearing on the 2024 ballot. Moody argued that "The ballot summary vastly understates the potentially sweeping scope of the amendment, by failing to explain what 'viability,' 'health,' or 'healthcare provider' means, and by not disclosing that a 'healthcare provider' might have power to determine when a baby is viable," and that "the potential misinterpretations of the amendment would allow a healthcare provider to render nearly any abortion restriction a practical nullity."[33]
Briefs opposing the challenge were filed by initiative sponsors Floridians Protecting Freedom and supporters of the measure including the American College of Obstetricians and Gynecologists, Florida doctors, and former Florida Republican legislators.[34]
February 7 hearing:
The Florida Supreme Court heard arguments in the case on February 7, 2024.[35]
Chairman Mat Staver of Liberty Counsel, which describes itself as a "litigation, education, and policy organization dedicated to advancing religious freedom and the sanctity of life," said, "The state of Florida through the Legislature, through the executive and also through the courts will have no ability to protect women or regulate any aspect of abortion. It is a free-for-all. It’s total deregulation of abortion, which is frankly deceptive.”[36]
Courtney Brewer, lawyer for Floridians Protecting Freedom, said, "The language of the summary and the amendment are clear and unambiguous. Florida voters will be able to understand that and I am confident based on the court’s questioning today that they understand that as well."[36]
Chief Justice Carlos Muñiz said, "The people of Florida aren’t stupid — they can figure things out. People can see for themselves whether it’s too broad or vague."[37]
Justice Charles Canady said, "It seems like to me all these things need to be argued about in the political process, because otherwise it’s a restriction on the substance of what can be proposed. We’re not given the power in the constitution to impose such a restriction."[38]
Justice John Couriel said, "You’re saying this is a wolf. And a wolf it may be, but it seems our job is to say whether it’s a wolf in sheep’s clothing. That’s all we get to do. This may be as sweeping as you say, it may be that it wipes away all regulation of abortion. … We may find that very persuasive from the standpoint of whether or not to vote in favor of the amendment. But … the question before us is, is this hiding a ball in some meaningful way, or can voters look at this and say, that’s sweeping and we shouldn’t approve this?"[38]
How to cast a vote
- See also: Voting in Florida
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Florida.
| How to cast a vote in Florida | |||||
|---|---|---|---|---|---|
Poll timesIn Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.[39] Registration
To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age.[40][41] Voters may retrieve registration applications at the following locations:[40]
A registration form is also available online. The form can be printed and submitted via mail.[41] Automatic registrationFlorida does not practice automatic voter registration. Online registration
Florida has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationFlorida does not allow same-day voter registration. Residency requirementsTo register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenshipFlorida does not require proof of citizenship for voter registration. Verifying your registrationThe page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online. Voter ID requirementsFlorida requires voters to present photo identification with a signature while voting.[42][43] The following list of accepted ID was current as of April 2023. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information.
A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature. | |||||
See also
External links
Footnotes
 | State of Florida Tallahassee (capital) |
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Where's my comments on this shit man? You gonna deny the fact that religious fundamentalists are influencing the GOP to take people's rights away who aren't religious? You think Republicans are coming up with that shit themselves? They don't want to have to deal with the consequences of unwanted kids... they don't want to pay for shit. They've caved to the demands of the religious wackos for votes. Only a small percentage of them are actually religious wackos. Guess who pays now.. everyone!!
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