Florida Bills to Require Legislators to Take an Oath that they Won’t Support National Popular Vote Plan

Bills have been introduced in each house of the Florida legislature to amend the oath of office that newly-elected legislators take at the beginning of a legislative session. The bills provide that the oath should be expanded to say that the legislator acknowledges that the National Popular Vote Plan would be illegal. Here is the text. The bills are SR 1458, by Senator Dennis Baxley (R-Ocala); and HR 323, by Representative Bob Rommel (R-Naples).

In the meantime, bills for Florida to join the National Popular Plan have been introduced in both houses. They are HB 335 and SB 908.

Florida Supreme Court Issues Opinion on Ex-Felon Voting

On January 16, the Florida Supreme Court released an opinion in Advisory Opinion to the Governor re: Implementation of Amendment 4, the Voting Restoration Amendment, SC19-1341. The opinion construes the initiative passed by the voters in November 2018, which ended the ban on ex-felons registering to vote.

The Governor had requested the Florida Supreme Court to construe the amendment. The Florida Supreme Court unanimously agreed that the initiative does not let any ex-felon register until he or she has paid all fines, court costs, and restitution. One judge joined the majority opinion but expressed disagreement with the majority opinion on how such questions are to be decided, and whether the words in the initiative stand alone, or whether courts also need to look at the campaign materials to discern how to interpret an initiative.

The Florida Supreme Court opinion does not bear on the question of whether individuals unable to pay fines, court costs, and restitution can register anyway, under the U.S. Constitution. That question is pending in the Eleventh Circuit in Hand v DeSantis, 18-11388.

Oklahoma Election Board Posts New Registration Data

On January 16, the Oklahoma Election Board web page posted new voter registration data. See it here.

The percentages are: Republican 48.25%; Democratic 35.32%; Libertarian .53%; independents and others 15.89%.

A year earlier, the percentages were: Republican 48.10%; Democratic 35.89%; Libertarian .49%; independents and others 15.52%. Thanks to Chris Powell for the link.

Kentucky Bill to Move Gubernatorial Elections to Presidential Years Passes Committee Unanimously

On January 15, the Kentucky Senate State and Local Government passed SB 3 unanimously. It moves elections for Governor and the other statewide state elected offices from the odd year before a presidential election, to presidential election years. Assuming it passes the legislature this year, voters would vote on the idea in November 2020. The change would not take effect until after the 2023 gubernatorial election. If the voters pass it, the candidates elected in 2023 would get five-year terms temporarily, and the next gubernatorial election would be 2028.

The only other states that elect governors in odd years are Louisiana, Mississippi, New Jersey, and Virginia.

Kentucky holds state legislative elections in even years.