The League of Women Voters of Florida (LWVFL) and the League of United Latin American Citizens (LULAC) have stepped into a legal battle against the state of Florida, filing a motion to intervene in a federal lawsuit challenging House Bill 1205.
The Ballot Initiative Reform bill, HB 1205, passed 28 to 9 in the Florida Senate and 81 to 30 in the State House earlier this month. It changes the requirements for getting amendments to the state constitution on ballots.
The two organizations, represented by the Democracy Defenders Fund, argue that the law erects unconstitutional barriers to the state’s citizen-led ballot initiative process, infringing upon the First, Fifth, and Fourteenth Amendment rights of the organizations, petition collectors, and circulators.
Florida HB 1205 introduces several changes to the ballot initiative process, including shortening the timeframe for returning signed petitions from 30 to 10 days.
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It also mandates that petition circulators re-register with the state and be both U.S. citizens and Florida residents.
The law says that those who make errors during the process are subject to criminal penalties and fines, and voters are required to include their ID number (driver’s license, ID card, or Social Security number) when signing a petition.
Leaders from both LWVFL and LULAC voiced strong opposition to the new legislation, emphasizing its potential to stifle direct democracy in the Sunshine State.
“Over the past few years, we’ve seen the state of Florida pull out of all the stops to effectively kill the citizen-led amendment process,” stated Cecile Scoon, co-president of the League of Women Voters of Florida. “With the passage of HB 1205, they went even further. We need to call this law what it is: a direct attack on Floridians who simply want to have a say in the political process. The League will not stand for that, and we look forward to fighting in court for everyday citizens to protect their constitutional right to direct democracy through the citizen-led amendment process.”
“The right to pursue citizen-led ballot initiatives is enshrined in the Florida state constitution,” Debbie Chandler, co-president of the LWVFL asserted. “This new law doesn’t just make it harder to utilize this constitutionally protected process, it makes it virtually impossible. It’s a shameful and illegal attack on Florida’s voters by legislators who are unwilling to listen to the voters.”
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The lawsuit highlights the historical significance of direct democracy in Florida, noting that voters have successfully placed 42 amendments on the ballot and approved 32 of them, addressing critical issues such as the right to privacy, fair redistricting, and minimum wage.
The plaintiffs argue that HB 1205 represents a significant departure from this tradition, aiming to curtail citizens’ ability to directly influence the laws that govern them.
Fort Myers Republican State Rep. Jenna Persons-Mulicka told reporters in March, “The initiative petition process is broken, and we need to put in safeguards to protect the citizens of the state of Florida from the known fraud that we know is occurring.”
Panama City Republican State Rep. Philip Wayne Griffitts, Jr. added, “Our constitution should not be easy to change,” despite a previous law change requiring 60% of voters to approve any ballot item.
That restriction was enough to keep Florida’s ban on abortions after 6 weeks of pregnancy in place in the November election, despite 57% of voters casting ballots in favor of an amendment that would have repealed that ban.
The legal challenge names Florida Secretary of State Cord Byrd, Attorney General James Uthmeier, the Supervisors of Elections for all 67 counties, and the State Attorneys for all 20 judicial circuits as defendants.
The plaintiffs are seeking injunctive and declaratory relief to prevent the challenged provisions of HB 1205 from taking effect, arguing that they violate fundamental constitutional rights.
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