JACKSONVILLE, Fla. — The language voters will see on their ballot explaining the property tax phaseout amendment must be rewritten.
That’s the conclusion of a new ruling issued by a state court judge Tuesday, which found the ballot summary written by the state legislature “clearly and conclusively defective”.
The judge highlighted several aspects of the amendment he determined were misleading or outright false, including claims the property tax phaseout proposal would benefit taxpayers and protect small businesses and core services.
Former State Senator Jeff Brandes was among the groups that sued to challenge the ballot language.
“I think Amendment 3 is quickly becoming an orphan. I think Amendment 3 is quickly becoming something that as people learn more about it, the concerns grow,” said Brandes.
St. Johns County GOP Chair Denver Cook is a supporter of Amendment 3.
Despite the ruling, he said he is optimistic Attorney General James Uthmeier, who is tasked with producing new ballot language, will be able to rewrite the summary without risking the amendment’s viability on Election Day.
“Overall, I don’t think it fundamentally changes the underlying purpose of Amendment 3, which is to provide tax relief,” said Cook.
Recent polling has shown support for the amendment drops significantly when voters are informed of the hit local budgets would take as the result of it passing.
And Brandes argued the rewrite should disclose those potential negative impacts of Amendment 3.
He also noted, if there are still issues after the rewrite, the court could intervene.
“And so ultimately the court will decide what language is acceptable to go on the ballot,” said Brandes.
But Cook argued if the pendulum swings too far in the other direction, he would hope the Attorney General would appeal to the state supreme court.
“To put language allowing local governments to say the impacts it may have on their pocketbooks is the same thing. If one can’t do it, the other shouldn’t be able to,” said Cook.
The Attorney General has 10 days to submit rewritten ballot language.
During a press conference Tuesday afternoon, the AG said his team is reviewing the ruling, but hasn’t made a decision on whether to appeal.
The clock is ticking, though, as final ballot language needs to be in place by August 24th.
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