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FLORIDA RECORD

Thursday, November 21, 2024

Florida open-primary measure survives legal challenge but falls short on election day

State Court

TALLAHASSEE – The open-primary constitutional amendment on Florida’s Nov. 3 ballot garnered 57 percent of the vote, falling just short of the 60 percent threshold for such measures, according to the preliminary ballot count. 

Amendment 3’s defeat follows an unsuccessful effort before the state Supreme Court aimed at derailing the ballot measure, which would have ended closed partisan primaries in Florida and initiated a “top-two” system. Amendment 3 would have allowed voters of all parties to select among candidates in what’s sometimes called a “jungle primary,” with the top two vote-getters in each contest advancing to the general election.

The two major political parties backed what supporters of Amendment 3 say was a meritless lawsuit filed by registered voter Glenton Gilzean Jr. last month. Gilzean sought what is known as mandamus relief to stop the secretary of state and the Florida Election Canvassing Commission from reporting on Amendment 3 vote tallies or certifying the results.

To get such relief, the petitioner would have had to establish that the respondents had a legal duty to act in the way Gilzean requested and that there was no other remedy available to the petitioner. A unanimous Supreme Court turned down the petition.

“Because (the) petitioner has failed to demonstrate any of those things, we deny the petition,” the court said in an Oct. 28 opinion. “No motion for rehearing, clarification or reinstatement will be entertained by this court.”

Glenn Burhans, chairman of All Voters Vote, the group behind Amendment 3, called the lawsuit a political ploy to smear the measure. He pointed out that Secretary of State Laurel Lee concluded the legal arguments were procedurally deficient and could cause electoral confusion. 

““When you look at the strong response by the state and when you look at the quick and decisive opinion of the Supreme Court in rejecting that challenge to Amendment 3, it's clear there was no basis to the lawsuit in the first place," Burhans told the Florida Record.

The election results were heartening because nearly 5.9 million Floridians cast ballots in favor of Amendment 3, more votes than were cast for either of the two major-party presidential candidates on the ballot, he said.

“That certainly is encouraging and makes clear that Florida voters want reform of the closed-primary process,” Burhans said. “Those voters are recognizing that disenfranchising 3.8 million Floridians, including 1.5 million minority voters … is unfair.”

Voters who are not affiliated with either the Democratic or Republican parties in Florida cannot take part in major-party candidate selection during primary elections.

It’s clear that Floridians want reform in the selection process and will work toward crafting such a reform proposal in the future, according to Burhans.

“I can’t say right now whether it would be the exact same measure and whether it would be in the form of a constitutional amendment,” he said.

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