Category Archives: Florida

Election 2024 Summary & Downballot Voter’s Guide

[This post will remain on top of the blog until after polls close in Florida on Nov. 5.]

This is a critical election.  You really should vote, and soon. Early voting has begun, so why wait.

Here’s a crib sheet with some suggestions about the downballot, plus links to the posts that explain them.

County Offices

Clerk of Court: Annette Taddeo (Line 71)
Sheriff: James Reys (Line 73)
Property Appraiser: Marisol Zenteno (Line 75)
Tax Collector: David Richardson (Line 77)
Supervisor of Elections: “J.C.” Planas (Line 79)

Judicial Retention Elections

Justices of the Supreme Court
Justice Renatha Francis: NO (Line 81)
Justice Meredith Sasso: NO (Line 83)

3rd DCA
Judge Kevin Emas: YES (Line 84)
Judges Ivan Fernandez: YES (Line 86)
Judge Norma Shepard Lindsey: YES (Line 88)

County Court
Christopher Benjamin (Line 90)

Miami-Dade Commission, District 7
Cindy Lerner (Line 92)

Constitutional Amendments
NO on Amendment 1. (Line 251)
NO on Amendment 2. (Line 253)
YES on Amendment 3. (Line 254)
YES on Amendment 4. (Line 256)
YES on Amendment 5. (Line 258)
NO on Amendment 6. (Line 261)

Reasoned comments are always welcome.

Posted in 2024 Election, Florida, Miami | 1 Comment

Some Thoughts about the Downballot (Voters’ Guide Part III: Florida Constitutional Amendments)

There are six proposed constitutional amendments on the ballot this year. Two–Amendments 3 and 4–are a really big deal and deserve your support despite the highly misleading campaign against them. Three others–Amendments 1, 2 and 6–are well worth voting against for their subtle negative qualities. Amendments 5 is small beer, but at worst harmless and maybe helpful.

Amendment 1

Amendment 1 would change School Board races from their current formally non-partisan structure to an overtly partisan one. The downside here is that candidates would be selected via partisan primaries, which recent experience suggests tends to push candidates towards partisan extremes. Especially in the current moment, in which forces are trying to hijack school boards in service of MAGA-style culture wars, I don’t see how this does us any good. Again, my claim is not that one system is inherently more representative; rather it’s that School Board elections don’t need to be any more partisan than they already are. Primary supporters of Amendment 1 include the notorious book-banning librarian-witch-hunters known as ‘Moms for Liberty’.  Fortunately, polls suggest this one is doomed. Vote NO on Amendment 1. (Line 251)

Amendment 2

Amendment 2 sounds innocuous. It probably isn’t. It says in part that it “preserves forever the right to fishing and hunting, including by the use of traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife.” The Fish and Wildlife Conservation Commission’s authority is explicitly preserved–but not that of environmental agencies.

Ostensibly designed to protect the right to hunt and fish, the amendment is worded in a way that an activist state Supreme Court (we have one, in case you had not heard) could use this measure to block various conservation and environmental programs.  Vote NO on Amendment 2. (Line 253)

Amendment 3

Amendment 3 would legalize possession of small amount of marijuana–under state law. Federal law criminalizing possession would remain in place. Personally I think the world probably would be a better place if we had less drinking and smoking. But that doesn’t mean they should be crimes. And I think we’d be much better off if we took the anti-pot laws off the books. At present we have managed the odd feat of creating contempt for the law by allowing it to be under-enforced and indeed routinely ignored while at the same time creating more contempt for the law by allowing it to be enforced in a racial (and class-based) manner.

There is a plausible issue as to whether this amendment will allow the legislature to permit people to grow their own or if it might entrench the cannabis dispensary industry. I’m not sure. But even if it does that, this is a step forward. Vote YES on Amendment 3. (Line 254)

Amendment 4

This is the big one. Amendment 4 would carve out a right to abortion in Florida up until viability (no, no post-birth infanticide, thank you very much).

The amount of lying and dirty trickery and sheer illegality deployed against Amendment 4 is enough to make you sick. There’s a really slick commercial on TV in which a woman claims to be pro-choice but says she’s voting against Amendment 4 because it would give her underage daughter an independent right to control her body. In fact, whatever the merits of that stance, nothing in Amendment 4 undermines parental rights.

Meanwhile Governor DeSantis has been pulling out all the stops to undermine the democratic process. He’s committed at least $16 million of public money to buy ads attacking Amendment 4 as bad for public health, even though the idea of public money being used to influence the democratic amendment of the sate constitution is deeply unsavory. And he–or his minions–have caused letters threatening criminal prosecution to TV stations running a particularly effective pro-4 TV commercial. (See TPM, Ex-Health Dept Lawyer Says DeSantis’ Office Directed Him To Send Letters Threatening TV Stations.)  This act is clearly illegal, and last week a federal court granted a temporary restraining order blocking the DeSantis administration “from taking any further actions to coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties for airing” the ads.

DeSantis has no shame. But it could work: although polls are clear that a majority will support Amendment 4 it’s not looking good for it to get the 60% approval needed to be adopted.

Failure of Amendment 4 would leave current six-week abortion ban in place–one of the strictest in the U.S. (most women don’t even know they are pregnant by the time the ban takes effect.) Women will die. Vote YES on Amendment 4. (Line 256)

Amendment 5

Florida home owner-occupiers get a homestead exemption of $25,000 from all property taxes and another $25,000 ex  emption on the value of property between $50,000 and $75,000, except on taxes levied for schools. Amendment 5 would index that second $25,000 exemption to the rate of inflation. On balance this seems fine, although because there is a cap on the annual rate of increase in property taxes, it’s not actually the case that large numbers of people are being priced out of their homes by increases in property tax.  (Tax rates get re-adjusted if a home is sold.) The downside of an inflation adjustment is that localities collect a bit less tax needed to keep up with inflation, but they can adjust the millage rate if they need to. This one is going to pass however you vote, but I suppose I will go along with the herd and vote YES on Amendment 5. (Line 258)

Amendment 6

Amendment 6 would repeal a previous constitutional amendment allowing taxpayer money to provide matching funds to candidates running for top state offices, including governor. The program is far from perfect–Rick Scott gets to spend what he likes from his ill-gotten gains, and that’s not matched–but it’s better than nothing.

A yes vote on 6 s a vote to further entrench the role of big money in campaign finance.  No thanks. Vote NO on Amendment 6. (Line 261)

Previously:

Posted in 2024 Election, Florida, Law: Constitutional Law | Leave a comment

“DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida”

Josh Marshall:

Florida has become the state where elements of a future, second-Trump-presidency America already come into view. We’re seeing some of these things happening right now in Florida. The example I’m about to share with you legitimately shocked me. (That’s a high bar.) It’s about the pro-choice ballot amendment which would restore Roe protections in Florida if it gets the support of 60% of voters. As in most other states, getting to 50% isn’t that difficult. 60% is much harder. To head off even the chance that the ballot initiative might hit that challenging high bar, the state of Florida is already spending a substantial amount of tax payer dollars campaigning against the initiative. Now we learn that the state is quite literally threatening jail time for the employees of stations that agree to run one of the ads for the pro-choice amendment. You heard that right — not sue under some claim of defamation but actual criminal charges.

[…]

Florida currently has a six-week abortion ban. The ad claims that the law endangers women who have a pressing medical need for an abortion and can’t get one in the state. The Florida State Department of Health, the agency threatening prosecution, says the law has exceptions for anyone in this situation. Technically, it does. If you’ve followed these cases, though, you’ll know it’s not that simple. The law can state an exception for the “life of the mother.” But just what kind of danger gets you into that category is never explained. What’s more, doctors are leery of acting on their interpretation of the law for fear they could be prosecuted for manslaughter or murder if the state disagrees. That’s a big risk. Put simply, the penumbra of legal jeopardy that hangs over these decisions frequently forces women to get perilously close to dying or actually go past the point they can be saved before doctors will treat them. We’ve seen versions of this story in red states around the country. It’s that issue. The state of Florida says that airing this ad, making that demonstrably accurate claim, is a criminal offense because it confuses women about state law and might lead them not to seek care.

To threaten this, the state’s lawyers shoehorn in a law that makes it a misdemeanor to create a public health nuisance — like maybe a blood bank dumping extra blood out on a public side walk or running a private salmonella hatchery in your backyard. That’s not a matter for lawsuits. In Florida, it’s a misdemeanor criminal offense. The state says agreeing to run that ad creates just such a public health nuisance.

This would pretty clearly never pass muster in court. But the station employees are being threatened with going to jail for 60 days. When you’re the one who might go to jail, confidence that a court will eventually toss the charges isn’t that reassuring. The First Amendment gives pretty ample protections even for demonstrably false claims, certainly in the realm of political speech. But what’s being claimed here is clearly accurate. If you were being as generous as possible to the state of Florida, you would still have to say that both sides of the factual dispute have a good-faith belief that their argument is correct. That’s a textbook example of a case where it’s precisely the political process which is the place to sort out the disagreement.

In a dire Trumpian future, you’re almost certainly not going to have an end to elections. They still have elections in Hungary, Turkey, even Russia. What you’d have is stuff like this, states acting as what amounts to an active belligerent in the political process by mobilizing state power.

It’s already happening in Florida.

I think this is a lot worse than a small handful of W.Va state legislators suggesting they should nullify the Presidential election unless Trump wins.

Posted in Florida | Leave a comment

DeSantis Gets His Dukakis Moment

Unmistakable resemblance:

(For those too young to remember, I’m referring to the famous photo-op gone wrong.)

Posted in Florida | 1 Comment

Proof of Life

I’ve been spending lots and lots of time in ‘observation’ in hospital for something that never actually re-manifested.  I expect to be discharged to rehab Real Soon Now — maybe even today.  Meanwhile, as proof of life, I offer you three thoughts on your Miami-Dade ballot:

  1. The rule of law is on the ballot.  If you think this is overly dramatic, just see for example the NYT’s Why Legal Experts Are Worried About a Second Trump Presidency and the Washington Post article, As rioters stormed Capitol with Pence inside, Trump allegedly said ‘So what?. Vote accordingly.  Not just in the Presidential election but also federal legislative races where full MAGA and/or MAGA fellow travelers are also Putin’s useful idiots.
  2. Women’s right to bodily autonomy is on the ballot in two ways: In the Presidential and legislative elections (US Senate and House, and Florida legislature too), and also directly via Florida Constitutional Amendment 4.  Vote YES, both to establish some justice and also to stop the brain drain in the medical profession, and soon in younger knowledge workers, to states with more civilized policies.
  3. While you are at it, vote YES on Florida Constitutional Amendment 3 which would legalize possession of small amounts of marijuana. Enforcement of this prohibition is a joke except when it is outright racially biased.  The law needs to catch up to mores here.

More later maybe on other ballot issues….

Posted in 2024 Election, Florida | 3 Comments

They Really Are Insane

DeSantis Signs Law Deleting Climate Change From Florida Policy:

Florida’s state government will no longer be required to consider climate change when crafting energy policy under legislation signed Wednesday by Gov. Ron DeSantis, a Republican.

The new law, which passed the Florida Legislature in March and takes effect on July 1, will also prohibit the construction of offshore wind turbines in state waters and will repeal state grant programs that encourage energy conservation and renewable energy.

The legislation also deletes requirements that state agencies use climate-friendly products and purchase fuel-efficient vehicles. And it prevents any municipality from restricting the type of fuel that can be used in an appliance, such as a gas stove.

I guess they’re in a hurry to force the state under water?  Won’t take much….

Posted in Florida, Global Warming | 3 Comments