Florida Department of State v. Florida State Conference of NAACP Branches

Summary

The Florida Supreme Court affirmed a circuit court judgment striking proposed Amendment 7 from the November 2010 ballot. The court held that the ballot language failed to inform voters that the amendment could subordinate or dilute the existing constitutional requirement that legislative and congressional districts be contiguous. It also concluded that the ballot title was misleading because the amendment replaced mandatory redistricting standards with discretionary considerations.

Holdings

1. The ballot language was legally insufficient because it failed to inform voters that Amendment 7 could subordinate or dilute the existing mandatory constitutional requirement that districts be composed of contiguous territory.
2. The ballot title was misleading because it purported to establish standards for redistricting while the amendment would eliminate mandatory standards and replace them with discretionary considerations.

Questions Presented

1. Whether the ballot language for proposed Amendment 7 clearly and unambiguously informed voters of the amendment's chief purpose, true meaning, and ramifications as required by section 101.161(1), Florida Statutes, and article XI, section 5, of the Florida Constitution.
2. Whether the ballot title was misleading because it purported to impose redistricting standards while the amendment would replace mandatory standards with discretionary considerations.
3. Whether Amendment 7 could be placed on the November 2010 general election ballot.

Disposition

affirmed