In Re: Amendments to Rules Regulating The Florida Bar - Bylaws 2-3.6 and 2-4.6

Supreme Court of Florida
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No. SC2023-0007
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – BYLAWS 2-3.6 AND 2-4.6.

June 1, 2023

PER CURIAM.

The Florida Bar has filed a Petition to Amend the Rules

Regulating The Florida Bar, proposing amendments to two bylaws.1

The Florida Bar’s Board of Governors unanimously approved the

proposal, with an amendment to add “secret ballot” language to

maintain the existing confidentiality of the voting process. The Bar

previously published the proposed amendments for comment in The

Florida Bar News, and no comments were received. Having

considered the Bar’s petition, we hereby amend bylaws 2-3.6

(Election) and 2-4.6 (Election of President-Elect). The more

significant changes are explained below.

1. We have jurisdiction. See art. V, § 15, Fla. Const.; R.
Regulating Fla. Bar 1-12.1.
Bylaw 2-3.6 is amended to include new, titled subdivisions,

and the provisions of the bylaw are reorganized into these new

subdivisions. In addition, language throughout bylaw 2-3.6 is

updated to conform with this Court’s guidelines for rules

submissions. See In re Guidelines for Rules Submissions, AOSC22-

78 (Fla. 2022). Bylaw 2-4.6 is similarly amended to include titled

subdivisions and conform with this Court’s guidelines on rules

submissions.

As for changes that affect the subject matter of the bylaws,

bylaw 2-3.6 is amended to account for electronic voting during

elections for positions on the Bar’s Board of Governors, and the

deadline for eligible members to submit ballots (by paper or

electronically) is shortened from three to two weeks. Bylaw 2-4.6 is

similarly amended to account for electronic voting in elections for

the Bar’s president-elect, and the deadline to submit ballots in such

elections is shortened from three to two weeks.

While we approve the changes described above, we make

certain minor modifications to the Bar’s proposed amendments.

See R. Regulating Fla. Bar 1-11.3 (“This court may at any time

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amend chapter 2 or modify amendments to chapter 2 adopted by

the board of governors . . . .”).

First, we modify bylaw 2-3.6(b) and bylaw 2-4.6(c) to include

the “secret ballot” language the Board of Governors added when it

adopted the Bar’s proposal. Specifically, we add the word “secret”

to the titles of bylaws 2-3.6(b) and 2-4.6(c), and we add “Voting will

be by secret ballot” to the beginning of those same subdivisions.

Second, it appears the Bar inadvertently left out a subdivision

(d) when it created the new subdivisions for bylaw 2-3.6. We

therefore redesignate proposed subdivisions (e) and (f) of bylaw 2-

3.6 as subdivisions (d) and (e), respectively.

Finally, both bylaws 2-3.6 and 2-4.6, as amended, have

subdivisions titled “Certification and Notice” that explain when

election results will be certified by the executive director. However,

as worded, both bylaws are missing information about the

certification date for runoff elections. We therefore add the words

“April 7” to redesignated bylaw 2-3.6(e) and bylaw 2-4.6(f).

Accordingly, we hereby amend the Rules Regulating The

Florida Bar as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

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struck-through type. The amendments shall become effective

immediately.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.
SASSO, J., did not participate.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules Regulating The Florida Bar

Joshua E. Doyle, Executive Director, Gary S. Lesser, President,
F. Scott Westheimer, President-elect, and Elizabeth Clark Tarbert,
Division Director, Lawyer Regulation, The Florida Bar, Tallahassee,
Florida,

for Petitioner

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APPENDIX

BYLAW 2-3.6. ELECTION

Voting shall be by secret ballot. The executive director shall
prepare and cause to be printed a sufficient number of ballots for
the election of nonresident board members and for each judicial
circuit office for which an election is to be held. One of such ballots
shall be mailed to each member of The Florida Bar in good standing
in each of such judicial circuits and to each nonresident member of
The Florida Bar in good standing in the case of election of a
nonresident board member. The records of the executive director
shall be conclusive in determining the members entitled to receive
such ballots. When more than one office is to be filled, the offices
shall be listed on the ballots in numerical order. The names of
candidates on the ballots shall be listed alphabetically for each
office. The ballots shall be mailed on or before March 1. Only voted
ballots received by the executive director prior to midnight on
March 21 shall be counted or tabulated. Immediately after March
21, the executive director shall canvass and tabulate the ballots
received, certify the results of the election, and file such certificate
with the clerk of the Supreme Court of Florida. Failure to make a
nomination shall result in a vacancy to be filled in accordance with
the provisions of bylaw 2-3.9. The candidate for an office receiving
a majority of the votes cast for the office shall be declared elected.
In the event no candidate receives such majority there shall be a
runoff election between the 2 candidates receiving the highest
number of votes. The ballots for the runoff shall be mailed on or
before April 1 and the voted ballots shall be received by the
executive director prior to midnight on April 22. The ballots shall
be counted and the results certified as provided for the first
election. In the event that only 1 candidate has been nominated for
a particular office on the board of governors, such candidate shall
be declared elected. Results of the election shall be furnished by
the executive director to the officers, members of the board of
governors, and all candidates and may be furnished to any other
interested persons upon their request.

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(a) Eligibility. Only Florida bar members in good standing
whose record bar address is in the judicial circuit of the board
position, or whose record bar address is outside Florida for
nonresident board positions, are eligible to vote in the initial and
any runoff election. The Florida Bar’s records establish conclusively
those members who are eligible to vote in board elections.

(b) Secret Ballots. Voting will be by secret ballot. The Florida
Bar or its representative will mail paper ballots with the board
positions in numeric order and the names of the candidates for
each board position in alphabetical order by surname on or before
March 1 to the record bar address of each eligible Florida bar
member who has elected to vote by paper ballot. The Florida Bar or
its representative will email the record bar email address of each
eligible Florida bar member who has elected to vote electronically on
or before March 1 that voting has opened with instructions on
electronic voting. The electronic ballot will list the board positions
in numeric order and the candidates for each board position in
alphabetical order by surname.

(c) Ballot Count. The Florida Bar or its representative will
count only those ballots received before 11:59 p.m., eastern time,
March 15. The executive director will declare the candidate who
receives the majority of the votes cast the board member for that
board position.

(d) Runoff. The Florida Bar will hold a runoff election between
the 2 candidates receiving the highest number of votes for each
board position if no candidate for a board office receives a majority
of votes cast. The Florida Bar or its representative will mail runoff
election ballots or email runoff election instructions on or before
March 21 to the record bar address of each eligible Florida bar
member in accordance with that member’s election of mail or
electronic vote. The mail and electronic ballots will list the board
positions in numeric order and the names of the runoff candidates
for each board position in alphabetical order by surname. The
Florida Bar or its representative will count only runoff ballots
received before 11:59 p.m., eastern time, April 7. The executive
director will declare the runoff candidate receiving a majority of the
votes cast the board member for that board position.

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(e) Certification and Notice. The executive director will
certify the election results the first business day on or after March
15 for the election or the first business day on or after April 7 for a
runoff. The executive director will provide the election results to the
Supreme Court of Florida, officers and members of the board of
governors of The Florida Bar, the candidates, and any other
interested person who requests the results.

BYLAW 2-4.6. ELECTION OF PRESIDENT-ELECT

(a) Term. The members of The Florida Bar in good standing
shall elect annually elect a president-elect, who shall becomes
president for a 1-year term at the conclusion of the annual meeting
following the 1-year term as president-elect.

(b) Eligibility. Only those members who areFlorida bar
members in good standing as of February 15 are eligible to vote in
the initial election. If a runoff election is necessary, only thoseOnly
Florida bar members who are members in good standing as of
March 15 are eligible to vote in the runoff election.

(c) Secret Ballots. Voting will be by secret ballot. The Florida
Bar or its representative will mail paper bBallots for election of
president-elect with the candidates’ names printed in alphabetical
order by surname shall be mailed on or before March 1 to the
record bar address of each eligible Florida bar member of The
Florida Bar who has elected to vote by paper ballot. Ballots shall be
mailed to the member’s record bar address. The names of the
candidates for the office of president-elect shall be printed on the
ballot in alphabetical order.The Florida Bar or its representative will
email the record bar email address of each eligible Florida bar
member who has elected to vote electronically on or before March 1
that voting has opened with instructions on electronic voting. The
electronic ballot will list the candidates in alphabetical order by
surname.

(d) Ballot Count. Only those ballots received by The Florida
Bar or its representative will count only those ballots received
before 11:59 p.m.prior to midnight, eastern time, March 2115 shall
be counted.

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Immediately after March 21, the executive director shall
canvass and tabulate the ballots received prior to midnight, eastern
time, March 21, certify the results of the election, and file such
certificate with the clerk of the Supreme Court of Florida. The
executive director will declare the candidate who receives the
majority of the votes cast president-electshall be declared elected.

(e) Runoff. In the event no candidate receives a majority of the
votes cast,The Florida Bar will hold a runoff election between the 2
candidates receiving the highest number of votes shall be held if no
candidate receives a majority of votes cast. Ballots for theThe
Florida Bar or its representative will mail runoff election ballots or
email runoff election instructions on or before March 21 shall be
mailed on or before April 1 to the record bar address of each eligible
Florida bar member of The Florida Bar in accordance with that
member’s election of mail or electronic vote. The runoff ballots shall
be mailed to the member’s record bar address. The mail and
electronic ballots will list the names of the runoff candidates shall
be printed on the ballot in alphabetical order by surname. Only
ballots received by The Florida Bar or its representative will count
only runoff ballots received before 11:59 p.m.prior to midnight,
eastern time, April 722 shall be counted.

Immediately after April 22, the executive director shall canvass
and tabulate the ballots received prior to midnight, eastern time,
April 22, certify the results, and file such certificate with the clerk of
the Supreme Court of Florida. The executive director will declare
the runoff candidate receiving a majority of the votes cast shall be
declared electedpresident-elect.

(f) Certification and Notice. The executive director shall
furnishwill certify the election results the first business day on or
after March 15 for the election or the first business day on or after
April 7 for a runoff. The executive director will provide the election
results of the election to the Supreme Court of Florida, officers and
members of the board of governors of The Florida Bar, as well as to
the candidates, and, upon request, to any other interested person
who requests the results.

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