Florida’s new law governing the state’s citizen-driven process for getting constitutional amendments on the ballot has been partially blocked by a federal judge, according to a ruling issued late Tuesday.
Overview of the Law
The law, signed by Governor Ron DeSantis last month, imposes several requirements on petitioners who seek to put proposed constitutional amendments before voters:
- Petitioners must register with the state.
- There are fines for late returns or incorrect submissions.
- The law limits the number of petitions an individual can collect without registering.
Legal Challenge
Grassroots campaigners filed a lawsuit challenging certain sections of the law in U.S. District Court in Tallahassee, arguing that it violates their First Amendment rights. On Tuesday evening, U.S. District Judge Mark Walker partially granted their request for an injunction.
Judge Walker’s Ruling
- Blocked Provisions: Judge Walker blocked enforcement of one section related to ballot petition fraud against one campaign staffer.
- Denied Broader Relief: He denied broader relief regarding other aspects of the law, including:
- Requirements for petitioners to register with Florida.
- Fines for failing to return petitions on time or submitting them incorrectly.
Judge Walker stated, “Some provisions may cause an immediate reduction in protected speech due to increased costs and inefficiencies.” However, he determined that these provisions do not severely burden free speech rights at this stage in litigation. This means they will remain intact while legal battles continue over their constitutionality, referencing landmark Supreme Court decisions such as Citizens United v. FEC (2010) and Davis v. FEC (2006).
Concerns Raised by Petitioners
Petitioners argue that requiring registration would chill their ability to engage in grassroots campaigning due to increased costs associated with complying with state regulations. They also contend that limiting how many petitions individuals can collect without registering could hinder participation, particularly for those lacking financial resources or transportation.
Response from Officials
In response to the ruling, a spokesperson stated:
“We disagree strongly with today’s decision blocking key reforms aimed at preventing voter suppression through fake signature gathering operations. We will continue fighting vigorously against any attempts to undermine our efforts to protect the integrity of elections.”
This story has been updated since its initial publication.
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