Senate Bill 0456

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    Florida Senate - 1998                                   SB 456

    By Senator Crist





    20-287-98

  1                      A bill to be entitled

  2         An act relating to candidates for Congress;

  3         requiring certain information to be placed on

  4         the ballot informing electors of the

  5         candidates' acts with respect to the proposal

  6         to limit Congressional terms; providing duties

  7         of the Department of State; providing for

  8         appeal of department determinations; providing

  9         a repealer; providing legislative intent;

10         amending ss. 101.181, 101.191, F.S., to

11         conform; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  (1)  All primary and general election

16  ballots shall have printed the information "DISREGARDED TERM

17  LIMITS INSTRUCTION" adjacent to the name of any United States

18  Senator or Representative who:

19         (a)  Fails to vote in favor of the proposed

20  Congressional term limits amendment described in Senate

21  Memorial No. .... when brought to a vote;

22         (b)  Fails to second the proposed Congressional term

23  limits amendment described in Senate Memorial No. .... if it

24  lacks for a second before any proceeding of the legislative

25  body;

26         (c)  Fails to propose or otherwise bring a vote of the

27  full legislative body the proposed Congressional term limits

28  amendment described in Senate Memorial No. .... if it

29  otherwise lacks a legislator who so proposes or brings to a

30  vote of the full legislative body the proposed Congressional

31  term limits amendment described in Senate Memorial No. ....;

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    Florida Senate - 1998                                   SB 456
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  1         (d)  Fails to vote in favor of all votes bringing the

  2  proposed Congressional term limits amendment described in

  3  Senate Memorial No..... before any committee or subcommittee

  4  of the respective house upon which he or she serves;

  5         (e)  Fails to vote against any attempt to delay, table,

  6  or otherwise prevent a vote by the full legislative body of

  7  the proposed Congressional term limits amendment described in

  8  Senate Memorial No. ....;

  9         (f)  Fails to abstain or vote against any proposed

10  constitutional amendment that would establish longer terms

11  than currently existing or establish term limits longer than

12  those in the proposed Congressional term limits amendment set

13  forth above regardless of any other actions in support of the

14  proposed Congressional term limits amendment described in

15  Senate Memorial No. ....;

16         (g)  Sponsors or cosponsors any proposed constitutional

17  amendment or law that would increase the length of terms or

18  increase term limits beyond those in the proposed

19  Congressional term limits amendment described in Senate

20  Memorial No. ....; or

21         (h)  Fails to ensure that all votes on Congressional

22  term limits are recorded and made available to the public.

23         (2)  The information "DISREGARDED TERM LIMITS

24  INSTRUCTION" shall not appear adjacent to the names of

25  incumbent candidates for Congress if the Congressional term

26  limits amendment described in Senate Memorial No. .... is

27  before the states for ratification or has become part of the

28  United State Constitution.

29         Section 2.  Voter instruction on term limits pledge for

30  nonincumbents.--

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    Florida Senate - 1998                                   SB 456
    20-287-98




  1         (1)  Nonincumbent candidates for United States Senator

  2  and Representative shall be given an opportunity to take a

  3  "term limits" pledge regarding term limits each time they file

  4  to run for such office.  Those who decline to take the "term

  5  limits" pledge shall have the information "DECLINED TO PLEDGE

  6  TO SUPPORT TERM LIMITS" printed adjacent to their name on

  7  every primary and general election ballot.

  8         (2)  The "term limits" pledge shall be offered to

  9  nonincumbent candidates for United States Senator and

10  Representative until a Constitutional Amendment which limits

11  the number of terms of United States Senators to no more than

12  two and United States Representatives to no more than three

13  shall have become part of the United States Constitution.

14         (3)  The "term limits" pledge that each nonincumbent

15  candidate shall be offered is as follows:

16

17         I support term limits and pledge to use all my

18         legislative powers to enact the proposed Constitutional

19         Amendment described in Senate Memorial No. .....  If

20         elected, I pledge to vote in such a way that the

21         designation "DISREGARDED TERM LIMITS INSTRUCTION" will

22         not appear adjacent to my name.

23

24  ...Signature of candidate...

25

26         Section 3.  Designation.--

27         (1)  The Department of State shall make an accurate

28  determination as to whether a candidate for United States

29  Representative or United States Senator shall have placed

30  adjacent to his or her name on the election ballot the

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    Florida Senate - 1998                                   SB 456
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  1  information "DISREGARDED TERM LIMITS INSTRUCTION" or "DECLINED

  2  TO PLEDGE TO SUPPORT TERM LIMITS."

  3         (2)  The Department of State shall determine and

  4  declare what information, if any, shall appear adjacent to the

  5  names of each incumbent federal legislator if he or she was to

  6  be a candidate in the next election.  In the case of United

  7  States Representatives and United States Senators, this

  8  determination and declaration shall be made in a fashion

  9  necessary to ensure the orderly printing of primary and

10  general election ballots with allowance made for any legal

11  action, and shall be based upon each member of Congress's

12  action during their current term of office and any action

13  taken in any concluded term, if such action was taken after

14  the determination and declaration was made by the Department

15  of State in a previous election.

16         (3)  The Department of State shall determine and

17  declare what information, if any, will appear adjacent to the

18  names of nonincumbent candidates for United States

19  Representative or United States Senator, not later than 5

20  business days after the deadline for filing for the office.

21         (4)  If the Department of State determines that the

22  information "DISREGARDED TERM LIMITS INSTRUCTION" or "DECLINED

23  TO PLEDGE TO SUPPORT TERM LIMITS" need not be placed on the

24  ballot adjacent to the name of a candidate for United States

25  Representative or United States Senator, any elector may

26  appeal such decision by an administrative or judicial

27  proceeding.  The burden of proof is upon the Department of

28  State to demonstrate by clear and convincing evidence that the

29  candidate has met the requirements set forth in this act and

30  therefore should not have the information "DISREGARDED TERM

31  LIMITS INSTRUCTION" or "DECLINED TO PLEDGE TO SUPPORT TERM

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    Florida Senate - 1998                                   SB 456
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  1  LIMITS" printed on the ballot adjacent to the candidate's

  2  name.

  3         (5)  If the Department of State determines that the

  4  information "DISREGARDED TERM LIMITS INSTRUCTION" or "DECLINED

  5  TO PLEDGE TO SUPPORT TERM LIMITS" must be placed on the ballot

  6  adjacent to a candidate's name, the candidate may appeal such

  7  decision by an administrative or judicial proceeding.  The

  8  burden of proof is upon the candidate to demonstrate by clear

  9  and convincing evidence that he or she should not have the

10  information "DISREGARDED TERM LIMITS INSTRUCTION" or "DECLINED

11  TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot

12  adjacent to the candidate's name.

13         Section 4.  Automatic repeal.--At such time as the

14  Congressional term limits amendment described in Senate

15  Memorial No. .... is ratified, sections 1-3 expire.

16         Section 5.  Subsection (3) is added to section 101.181,

17  Florida Statutes, to read:

18         101.181  Form of primary ballot.--

19         (3)  The ballot must contain the information required

20  by section 1 of this act.  The Department of State shall

21  determine the form and placement of such information by rule.

22         Section 6.  Subsection (3) is added to section 101.191,

23  Florida Statutes, to read:

24         101.191  Form of general election ballot.--

25         (3)  The ballot must contain the information required

26  by section 1 of this act.  The Department of State shall

27  determine the form and placement of such information by rule.

28         Section 7.  If this state is given the power to

29  establish or propose term limits for United States

30  Representatives and United States Senators, it is the intent

31  of the Legislature that the limits proposed in the

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    Florida Senate - 1998                                   SB 456
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  1  Congressional term limits amendment described in Senate

  2  Memorial No. .... be adopted as the law of this state.

  3         Section 8.  If any provision of this act or its

  4  application to any person or circumstance is held invalid, the

  5  invalidity does not affect other provisions or applications of

  6  the act which can be given effect without the invalid

  7  provision or application, and to this end the provisions of

  8  this act are declared severable.

  9         Section 9.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          SENATE SUMMARY

14    Requires that the information "DISREGARDED TERM LIMITS
      INSTRUCTION" be placed on the ballot alongside the name
15    of any incumbent candidate for Congress who fails to act
      in such a way as to bring a proposed Congressional term
16    limits amendment before the states for ratification.
      Requires that the information "DECLINED TO TAKE PLEDGE TO
17    SUPPORT TERM LIMITS" be placed on the ballot alongside
      the name of any nonincumbent candidate for Congress who
18    fails to pledge to take the actions required of incumbent
      candidates.  Provides duties of the Department of State
19    with respect to determining whether any given candidate
      is to have the information so placed.
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