Candidates interested in running for mayor and three city council seats in Hialeah, Fla., have until July 26 to file. The primary election will be held on Nov. 2. If no candidate earns a majority of the vote in the primary election, the top two vote-getters will advance to a general election. The general election, if necessary, will be held on Nov. 16.
Hialeah Mayor Carlos Hernández is ineligible to run for re-election in 2021 due to term limits. He has served as the city’s mayor since 2011. Mayoral elections in Hialeah are nonpartisan, but media outlets have reported that Hernandez is affiliated with the Republican Party.
The city council seats currently held by Group V incumbent Carl Zogby, Group VI incumbent Paul Hernandez, and Group VII incumbent Katharine Cue-Fuente are on the ballot in 2021. Zogby has served on the city council since 2017. Hernandez was appointed to the city council in 2010, and Cue-Fuente was appointed in 2008. Cue-Fuente is ineligible to run for another term due to term limits.
Hialeah is the sixth-largest city in Florida. It had an estimated population of 233,339 in 2019, according to the U.S. Census Bureau. In 2021, Ballotpedia is covering municipal elections in 22 counties and 68 cities, including 40 mayoral elections.
On July 1, U.S. District Judge Allen Winsor issued a preliminary injunction blocking the enforcement of Florida Senate Bill 1890. SB 1890 was designed to set $3,000 limits on campaign contributions to committees in support of or opposition to ballot initiatives during signature gathering. The bill was designed to lift the contribution limits after a measure is put on the ballot. It would have taken effect on July 1 without the injunction.
Winsor wrote that the state “bears the burden of justifying restrictions on political expression by advancing at least ‘a significantly important interest’ that is ‘closely drawn to avoid unnecessary abridgment of associational freedoms.’ […] Binding decisions from the U.S. Supreme Court and the 5th Circuit (Court of Appeals) applied those principles and concluded that the First Amendment forbids limitations like those SB 1890 imposes.”
Florida House Speaker Chris Sprowls (R) responded to the ruling, “The citizen initiative system was designed to be a mechanism for grassroots expression not a shortcut for billionaires to bypass the political process. SB 1890 contained limited and narrowly tailored measures to protect the integrity of the signature-gathering process.”
The Senate passed the bill 23-17 on April 14. Twenty-three Republicans were in favor, and 16 Democrats and one Republican were opposed. The House passed it 75-40 on April 26. All 75 voting Republicans were in favor, and all 40 voting Democrats were opposed. Gov. Ron DeSantis (R) signed the bill on May 7.
On May 8, the ACLU of Florida along with three initiative petition campaigns filed the lawsuit seeking a preliminary injunction. The lawsuit cited previous rulings that overturned limitations on campaign contributions for ballot measure committees, including Citizens Against Rent Control v. City of Berkeley (1981), First National Bank of Boston v. Bellotti (1978), and Buckley v. Valeo (1976). The U.S. Supreme Court has ruled in previous cases that political contributions constitute freedom of speech and cannot be limited without a compelling state interest, such as to prevent corruption and bribery. The court has also ruled that “referenda are held on issues, not candidates for public office. The risk of corruption perceived in cases involving candidate elections simply is not present in a popular vote on a public issue.”
In Florida, initiative proponents must collect signatures equal to 8% of votes cast at the previous presidential election. The requirement to put an initiative on the 2022 ballot is 891,589 valid signatures. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts. Signatures remain valid until February 1 of even-numbered years and must be verified by February 1 of the targeted general election year.
In 2020, four initiatives qualified for the ballot in Florida. The petition drives to put those measures on the ballot cost an average of $6.7 million each, ranging from $4 million to $8.8 million. From 2016 through 2020, the average total cost of an initiative petition drive that successfully qualified an initiative for the ballot in Florida was $5.1 million. Nationwide, the average total cost of a successful initiative petition drive was $2.1 million in 2020. It was $1.2 million in 2018. In Florida, the petition drives that put the four initiatives that were on the ballot in 2020 were each funded by one donor or entities that were all associated.
Florida Initiative 21-13, sponsored by Florida Education Champions, was cleared for signature gathering on June 23, 2021.
The measure would authorize sports betting at sports venues, pari-mutuel facilities, and online in Florida. The Florida State Legislature would need to pass legislation to implement the constitutional amendment such as providing for licensing, regulation, consumer protection, and taxation. Under the amendment, all online sports betting tax revenue would be dedicated to the Educational Enhancement Trust Fund of the Department of Education.
Online sports betting could be conducted by (a) Native American tribes and (b) entities that have existed for at least one year and that have conducted sports betting in at least 10 other states under the amendment. Such entities could begin conducting sports betting no later than eight months after the amendment is effective. Other entities or organizations could conduct sports betting no sooner than 20 months after the amendment is effective if authorized by state law.
In 2017, the U.S. Supreme Court heard arguments in a case, Murphy v. NCAA (originally Christie v. NCAA), regarding the legality of a law implementing New Jersey Public Question 1 (2011). On May 14, 2018, the U.S. Supreme Court ruled 7-2 that the federal government could not require states to prohibit sports betting, thereby overturning the federal ban on sports betting. The ruling allowed states to legalize sports betting if they wish. As of June 2021, sports betting was legal, or laws to legalize had been approved, in 30 states and D.C.
In 2018, Florida voters approved Amendment 3, which gave voters the “exclusive right to decide whether to authorize casino gambling in the State of Florida.” Amendment 3 made the citizen initiative process “the exclusive method of authorizing casino gambling,” meaning the Florida State Legislature is not permitted to authorize casino gambling through statute or through referring a constitutional amendment to the ballot. The amendment is not applicable to compacts between the state and Native American tribes under the Federal Indian Gaming Regulatory Act that authorize gaming on tribal lands.
Florida made a compact with the Seminole Tribe in April 2021 that gave the Tribe the exclusive ability to conduct sports betting in the state. Under the compact, the tribe would conduct sports betting and would be required to give a minimum of $400 million per year to the state of Florida for the next 30 years, until 2051. Under the compact, sports betting would be available online and at pari-mutuel facilities to anyone in the state and would be “deemed at all times to be exclusively conducted by the tribe at its facilities” where the sportsbooks and servers are located.
The Indian Gaming Regulatory Act (IGRA) of 1988 requires that any gaming activities provided for through gaming compacts between Indian tribes and state governments occur only on Indian lands, defined as “all lands within the limits of any Indian reservation.” Florida’s 2021 compact with the Seminole Tribe contains a severability clause, providing that, “[i]f at any time the Tribe is not legally permitted to offer Sports Betting to Patrons physically located in the State but not on Indian lands,” then the rest of the compact would remain in effect, meaning sports betting would then be available only on tribal lands.
Florida Education Champions said, “Our amendment will allow more competition and enable Floridians to use their favorite sports betting platform. [It] will bring competitive sports betting to Florida and allow fans to use their favorite online sports betting platforms, such as DraftKings or FanDuel. That means no monopolies or limited options.” Florida Education Champions spokesperson Christina Johnson said the amendment would “generate substantial revenue that can be directed to Florida’s public education system — without raising taxes.”
Seminole Tribe spokesperson Gary Bitner said, “This is a political Hail Mary from out-of-state corporations trying to interfere with the business of the people of Florida. They couldn’t stop Florida’s new gaming compact, which passed by an overwhelming 88 percent ‘yes’ vote from Florida’s elected legislators and enjoys 3-to-1 support from Floridians and guarantees $2.5 billion in revenue sharing. The guarantee is the largest commitment by any gaming company in U.S. history.”
To qualify for the 2022 ballot, proponents must submit 891,589 valid signatures. The deadline for signature verification is February 1, 2022. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline. Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.”
Last month, an initiative was certified for the California 2022 ballot that would legalize sports betting at American Indian gaming casinos and licensed racetracks in California.
U.S. Rep. Val Demings (D) officially announced her candidacy for the U.S. Senate on June 9. Demings currently represents Florida’s 10th Congressional District. Marco Rubio (R) is Florida’s incumbent U.S. Senator who is up for election in 2022. He was first elected to the Senate in 2010.
Demings announced she was running in a three-minute video in which she discussed how her upbringing and experiences had given her “tireless faith that things can always get better.” Demings said in the video, “I have never tired of representing Florida. Not for one single moment.”
Before her time in Congress, Demings served as chief of police for Orlando, Florida. Demings first ran for Florida’s 10th Congressional District seat in 2012, losing to incumbent Daniel Webster (R), 51% to 48%. She didn’t run for the U.S. House in 2014 but ran again in 2016 to represent District 10 after Webster decided to run in the 11th District. Demings defeated Thuy Lowe (R), 65% to 35% in 2016. She was re-elected in 2018 and 2020.
Demings is the 12th member of the House of Representatives to announce they are retiring or seeking another office. Six of those are Democrats, and six are Republicans. Demings is one of four members who are seeking a seat in the U.S. Senate.
Florida Department of Environmental Protection Secretary Noah Valenstein stepped down from his position on June 4. He had led the agency for over four years since former Gov. Rick Scott (R) appointed him on May 23, 2017. Shawn Hamilton, the department’s deputy secretary for land and recreation, will take over as interim secretary.
In his resignation letter to Gov. Ron DeSantis (R), Valenstein said, “it has been an honor to head Florida’s lead environmental agency during a time where natural resource protection has been a top priority, with unprecedented support and advancements.”
Before he was appointed secretary, Valenstein worked as the executive director of the Suwannee River Water Management District. He has also worked on environmental policy in the Florida House of Representatives and for Gov. Scott.
The secretary of the Florida Department of Environmental Protection heads the agency responsible for protecting the state’s natural resources and enforcing its environmental laws. The department also oversees Florida’s state parks and trails system, among other duties. The governor appoints the secretary with the agreement of three or more members of the governor’s cabinet.
On May 7, Florida Gov. Ron DeSantis (R) signed a bill—Senate Bill 1890—to set $3,000 limits on campaign contributions to committees in support of or opposition to ballot initiatives until the secretary of state certifies the measure for the ballot and assigns it a ballot position and number designation. The bill was designed to lift the contribution limits after a measure is put on the ballot.
On April 14, the Florida Senate passed the bill 23-17. Twenty-three Republicans were in favor, and 16 Democrats and one Republican were opposed. On April 26, the Florida House of Representatives passed the bill 75-40. All 75 voting Republicans were in favor, and all 40 voting Democrats were opposed.
In Florida, initiative proponents must collect signatures equal to 8% of votes cast at the previous presidential election. The requirement to put an initiative on the 2022 ballot is 891,589 valid signatures. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts. In 2020, four initiatives qualified for the ballot in Florida. The petition drives to put those measures on the ballot cost an average of $6.7 million each, ranging from $4 million to $8.8 million. From 2016 through 2020, the average total cost of an initiative petition drive that successfully qualified an initiative for the ballot in Florida was about $5.1 million.
Nationwide, the average total cost of a successful initiative petition drive was $2.1 million in 2020. It was $1.2 million in 2018.
In Florida, the petition drives that put the four initiatives that were on the ballot in 2020 were each funded by one donor or entities that were all associated.
Petition drive cost
Florida Citizen Voters
Citizen Voters Inc.
Florida for a Fair Wage
The Morgan Firm PAC
All Voters Vote, Inc.
MBF (Miguel B. Fernandez) Family Investments LTD, Miguel B. Fernandez, and Miguel B. Fernandez Revocable Trust
Keep Our Constitution Clean PC
Keep Our Constitution Clean, Inc.
On May 8, the ACLU of Florida filed a lawsuit in the U.S. District Court for the Northern District of Florida arguing that SB 1890 violates First Amendment freedom of speech rights and that the state has “no significant state or public interest in curtailing debate and discussion of a ballot measure.” The lawsuit cited previous U.S. Supreme Court rulings that overturned limitations on campaign contributions for ballot measure committees, including Citizens Against Rent Control v. City of Berkeley (1981), First National Bank of Boston v. Bellotti (1978), and Buckley v. Valeo (1976).The U.S. Supreme Court has ruled in previous cases that political contributions constitute freedom of speech and cannot be limited without a compelling state interest, such as to prevent corruption and bribery. The court has also ruled that “referenda are held on issues, not candidates for public office. The risk of corruption perceived in cases involving candidate elections simply is not present in a popular vote on a public issue.”
As of May 3, 2021, Ballotpedia had tracked 197 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recall in 39 states in 2021 legislative sessions. At least 18 had been approved, and 20 had been defeated or had died.
Notable topics among bills introduced in 2021 sessions include supermajority requirement increases, signature requirement and distribution requirement increases, single-subject rules, pay-per-signature bans, residency requirements and other circulator restrictions, fiscal impact statement and funding source requirements, and ballot measure campaign contribution restrictions.
On April 26, 2021, the Florida State Legislature gave final approval to House Joint Resolution 1377. Voters will decide the constitutional amendment in November 2022.
The measure would authorize the state legislature to pass laws prohibiting flood resistance improvements to a home from being taken into consideration when determining a property’s assessed value for property tax purposes.
To put a legislatively referred constitutional amendment before voters, a 60% supermajority vote is required in both the Florida State Senate and the Florida House of Representatives.
The amendment was introduced by Rep. Linda Chaney (R) on February 26, 2021. The amendment was passed by the House on April 21, 2021, by a vote of 118-0 with two Republican representatives absent or not voting and in the Senate by a vote of 40-0 on April 26, 2021.
In November 2022, 60% supermajority voter approval is required for the amendment to be added to the state constitution.
A total of 78 measures appeared on the Florida ballot between 2000 and 2020, including six measures that appeared on the statewide ballot in odd-numbered years. From 2000 to 2020, an average of about seven measures appeared on the ballot during even-numbered years in Florida. Between 2000 and 2020, 71.79% (65 of 78) of statewide measures were approved by voters, and 28.21% (22 of 56) were defeated.
On April 26, 2021, the U.S. Census Bureau released it post-2020 census apportionment counts. Six states—Texas (two seats), Colorado, Florida, Montana, North Carolina, and Oregon—gained seats. Seven states—California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia—each lost a seat.
Of the six states that gained congressional seats, three are Republican trifectas (Texas, Florida, and Montana), meaning Republicans control the governorship and majorities in both state legislative chambers in each. Two (Colorado and Oregon) are Democratic trifectas, and one (North Carolina) is a divided government.
Of the seven states that lost congressional seats, three (California, Illinois, and New York) are Democratic trifectas, two (Ohio and West Virginia) are Republican trifectas, and two (Michigan and Pennsylvania) are divided governments.
What is apportionment, and how does it work? Every ten years, the nation conducts the census, a complete count of the U.S. population. The data gleaned from the census determines congressional apportionment. Apportionment is the process by which the 435 seats in the U.S. House of Representatives are allotted to the states on the basis of population, as required under Article I, Section 2, of the U.S. Constitution. A state can gain seats in the House if its population grows – or lose seats if its population decreases – relative to populations in other states.
After the first census (1790), the 105 members of U.S. House represented about 34,000 residents each. Now, the 435 members of the House will represent an average of 761,169 residents each.
The 2020 census: According to the 2020 census, the resident population of the United States, as of April 1, 2020, was 331,449,281, representing a 7.4 percent increase over the 2010 population. California remained the most populous state with 39,538,223 residents. The population of Texas, the only state to gain multiple congressional seats from apportionment, grew by nearly 4 million residents between 2010 and 2020, reaching 29,145,505. Utah was the fastest-growing state: its population increased by 18.4 percent between 2010 and 2020, reaching 3,271,616.
The census is a complex undertaking. First, the Census Bureau collects data. This involves making a list of every residence (including houses, apartments, dorms, etc.) in the 50 states, the District of Columbia, and the five U.S. territories; asking members of each household in the country to complete the census survey; and following up with those households that did not submit surveys. The Census Bureau then must process the data. This involves making a final list of residential addresses, cross-checking for duplicate responses, and processing write-in responses. The Census Bureau also uses imputation, a statistical method applied “in rare instances” that enables the Census Bureau “to fill in missing information using what we already know about an address and its nearest, similar neighbor.” Typically, upon final processing of the data, the Census Bureau delivers state population and apportionment counts by December 31 in the year of the census. Detailed redistricting data follows by April 1 of the next year.
On November 19, 2020, Census Bureau Director Steve Dillingham announced that, “during post-collection processing, certain processing anomalies [had] been discovered.” Dillingham said that he had directed the bureau “to utilize all resources available to resolve this as expeditiously as possible.” On January 27, 2021, Kathleen Styles, a Census Bureau official, announced that the final apportionment report would be delivered by April 30, 2021.
What comes next: The Census Bureau has not yet delivered redistricting data to the states. Upon announcing the 2020 apportionment counts, Acting Census Bureau Director Ron Jarmin said, “Our work doesn’t stop here. Now that the apportionment counts are delivered, we will begin the additional activities needed to create and deliver the redistricting data that were previously delayed due to COVID-19.” The Census Bureau expects to deliver the raw data to the states by August 16. The “full redistricting data with toolkits for ease of us” will be delivered by September 30.
U.S. Rep. Alcee Hastings (D-Fla.) died from pancreatic cancer on April 6. He was first elected to Florida’s 23rd Congressional District in 1992 and represented it until it was redistricted as District 20 in 2012. Hastings was first elected from the 20th District in 2012. In last year’s general elections, Hastings defeated Greg Musselwhite (R), 79% to 21%.
Before being elected to Congress, Hastings was a judge on the U.S. District Court for the Southern District of Florida from 1979 until 1989. In 1989, the U.S. Senate tried Hastings on 17 counts of perjury and bribery, finding him guilty on eight counts. The Senate voted to remove Hastings from that judgeship, but he was not disqualified from holding office in the future.
Florida Gov. Ron DeSantis (R) will set a date for a special election to fill this vacancy. As of April 6, five special elections to the 117th Congress have been scheduled in the following districts:
Louisiana’s 2nd and 5th Districts,
New Mexico’s 1st District,
Texas’ 6th District, and
Ohio’s 11th District.
With Hastings’ death, the current partisan breakdown of the U.S. House is 218 Democrats, 211 Republicans, and six vacancies.
On December 15, the Florida Administrative Commission, composed of the governor and cabinet, appointed Pete Antonacci to serve as chief administrative law judge (ALJ) of the Florida Division of Administrative Hearings (DOAH).
As chief administrative law judge, Antonacci will manage 31 administrative law judges within the DOAH as they oversee challenges to state agency rules.
State ALJ operations vary by state. While some states mirror the federal ALJ structure by allowing state agencies to maintain a roster of state ALJs, 28 states, including Florida, operate a central panel of ALJs who are assigned to agencies as needed.