Florida Amendments 3 & 4 got the majority vote, but still didn't pass. Here's why

It's the day after Election Day: most results are in, and Florida residents are learning who will represent them in Congress, the state senate and on their local councils.

Voters weren't just deciding on officials, they were also casting their ballots for or against six constitutional amendments. But the results have been difficult to decipher, leading some to call NBC6 to express confusion.

Amendments 3 and 4, on adult recreational marijuana use and abortion rights, were the most hotly contested, and both received majority approval. But they still didn't pass. Why?

We break it down.

Supermajority in Florida

In Florida, amendments need at least 60% of the vote to pass. This is considered a "supermajority," which according to Merriam-Webster dictionary, means "a majority (such as two-thirds or three-fifths) that is greater than a simple majority."

So, while anything greater than 50% could be considered a majority, in Florida, the threshold for passing a constitutional amendment is higher.

In the case of Amendment 3, more than 5.9 million people, or 55.9%, voted yes to legalizing recreational marijuana for adults at least 21 years old. More than 4.6 million, or 44.1%, voted no. So, not enough to pass.

As for Amendment 4, the yes vote was even closer to the required 60%, but still not close enough.

Florida Division of Elections

More than 6 million Florida residents, or 57.2%, voted to enshrine the right to an abortion until viability as determined by a healthcare provider in the state Constitution. More than 4.5 million, or 42.8%, voted no.

Why does Florida require a supermajority to pass amendments?

It was in 2006 that Florida voted to amend the state constitution so amendments would require a 60% vote in favor to pass. Before that, only a simple majority was required.

Ironically, that amendment passed with 57.78% in favor and 42.22% against.

How many abortion amendments across the country passed?

Constitutional amendments to protect or expand abortion passed in seven of the 10 states where they appeared on the ballot Tuesday, NBC News projects. In all except Florida, only a simple majority was needed for them to pass.

Voters in Arizona and Missouri approved ballot initiatives that will effectively protect abortion rights until fetal viability and undo existing abortion laws on the books. Voters in Maryland, Montana, Nevada and New York (where abortion is already legal through fetal viability) and in Colorado (where there are no laws restricting abortion and no gestational limits for women seeking abortions), passed measures that will formally enshrine those existing rights.

Voters in Florida joined Nebraska and South Dakota in rejecting proposed amendments that would have done the same — becoming the first pro-abortion-rights ballot measures to fail since the Supreme Court overturned Roe v. Wade in June 2022.