VOTE NO ON #2!
It's Overkill!

THE VOTE NO ON #2 CAMPAIGN SUGGESTS THE FOLLOWING POINTS FOR YOUR CONSIDERATION

No. 2 - Constitutional Amendment, Article I, Section 17 Ballot Title: Preservation Of The Death Penalty; United States Supreme Court Interpretation Of Cruel And Unusual Punishment

The Florida Legislature has proposed Amendment 2, which will be on the November ballot. Florida voters should understand precisely what this amendment to the state constitution will do. There are eight sentences in this proposed amendment, each making major changes in the constitution. They all are presented under a deceptive ballot title, and they make changes which threaten the interests of just about everyone.

Voters should also understand the motivation of Florida legislators. Will this amendment make us safer? Will it punish criminals more harshly?

The answer to both of these questions is "NO." This is why we urge you to say "NO" to Florida Legislators by voting "NO" on Amendment #2. The real question is: Shouldn't we be trying to find ways to prevent violent crime? Your "NO" vote on Amendment #2 will help pave the way for our future work with the Florida Legislature.

The bottom line: Tinkering with the Florida Constitution merely to preserve an outdated and unpopular method of execution is an unnecessary and foolish gamble. There are potential detrimental effects of Amendment 2 that Florida's voters need to know about.

  • Amendment 2 goes beyond the death penalty. If passed, it will effectively strip the authority of the Florida Supreme Court to interpret the Florida Constitution with regard to the definition of cruel and unusual punishment. This function would be passed to the U.S. Supreme Court. Why would the Florida Legislature want to defer to the federal judiciary on such an important issue? More importantly, if Amendment 2 passes, the constitutionality of punishment for all crimes, from shoplifting to embezzlement to capital murder, will be determined by the U.S. Supreme Court, thus bypassing the Florida Supreme Court. This is a clear abdication of the power of the Florida Supreme Court which should concern all Floridians.

  • Amendment 2 eliminates a unique provision of the Florida Constitution not enjoyed by citizens of other states. The current prohibition on "cruel "OR" unusual punishment" is one of the many unique rights guaranteed to Florida citizens by the Florida Constitution - over and above those provided by the U.S. Constitution. Other such rights are the Right to Work, the Right to Privacy, the $25,000 Homestead Exemption for homeowners, and the prohibitions on a State Income Tax and Casino Gambling. Floridians are proud of such unique protections and should fight to preserve rather than eliminate them.

  • Legislative history confirms that the true purpose of Amendment 2 is to *preserve the electric chair* even though the April 1998 Mason-Dixon poll showed that 77% of Floridians favored a change from electrocution to lethal injection. Amendment 2 is a deceptive attempt to trick Florida citizens into abandoning a clearly expressed preference for lethal injection simply because some legislators revel in the drama of " Ol' Sparky."

  • The title of this amendment is "Preservation of the Death Penalty," and it is misleading at best. It would be far more accurate for the title to read, "Preservation of the Electric Chair." In other words, the death penalty is not in jeopardy. Why is the Florida Legislature deceiving the voters with such a misleading title?

  • Amendment 2 actually threatens Florida's death penalty. Florida's current capital punishment system has been declared constitutional by the U.S. Supreme Court, in part because the Florida Constitution prohibits punishments that are cruel "or" unusual. (The U.S. Constitution prohibits punishments that are cruel "and" unusual). Amendment 2 eliminates this crucial distinction between "or" and "and," thus opening the door to constitutional challenges to Florida's death penalty.

  • The U. S. Supreme Court's views may change. Twenty-six years ago the U.S. Supreme Court held that the death penalty was unconstitutional. The current Supreme Court supports the death penalty. Will we have to change our Constitution again if future U.S. Supreme Courts change their views?

  • Amendment 2 will result in unnecessary delays and expense in future executions in Florida. Any change to the current system will result in new legal challenges, delays in the process, and will be expensive for the State to defend.