A federal judge has sided with the state of Florida in a challenge to a law imposing stricter penalties and rules for groups seeking to amend Florida’s constitution.
Groups including Florida Decides Healthcare (Medicaid expansion) and Smart and Safe Florida (adult-use marijuana) have fought for nearly a year against that law (HB 1205), which toughened deadlines for petition groups and added provisions preventing non-state residents and non-U.S. citizens from collecting signatures.
U.S. District Judge Mark Walker issued his order on April 30. While petition circulation is considered core First Amendment activity, Walker found Florida’s deadlines and penalties to be routine safeguards – not a severe burden on that speech – potentially narrowing the scope of future challenges to ballot initiative laws.
Florida’s law, which went into effect July 1, developed into a back-and-forth battle between petition groups and Secretary of State Cord Byrd.
A trial began Feb. 9, and the groups argued that the measure undermined the process for a constitutional amendment to get on Florida’s ballot and for residents to vote on. These increased burdens not only include threats to protected speech, but also increased costs, stricter penalties and tighter deadlines.
Walker wrote in his order that he believed the provisions enforced by the state “fall within the heartland of permissible State regulation of the ballot initiative process,” citing other states being allowed to impose restrictions on petition processes without implicating First Amendment rights.
“Based on the trial record, this Court remains unpersuaded that the return deadline, fines for late returns, and fines for erroneous returns constitute a severe burden on Plaintiffs’ speech in violation of their First Amendment rights,” Walker wrote.
Florida Decides Healthcare said it was disappointed with Walker’s ruling and is still considering whether to appeal. “Medicaid expansion continues to be an important issue because every Floridian deserves access to quality healthcare, regardless of their zip code or income. This fight is not over,” its statement said. Smart and Safe Florida declined comment.
The state claimed victory, with Florida Secretary of State Cord Byrd posting on X that this was a “big win” for election integrity in Florida: “In another big win for election integrity the state prevailed on all claims filed by plaintiffs in the HB 1205 litigation. HB 1205 is the law adding safeguards to the initiative petition process.”
Year-long battle for the right to petition
Florida Decides Healthcare filed the lawsuit soon after it was signed by the governor in May, and the marijuana group along with Florida Right to Clean Water joined the lawsuit against HB 1205.
The crux of the argument was that the law violates rights to petition and political speech guaranteed by the First Amendment, and the urgency to resolve the lawsuit was heightened because of the looming deadline faced by these groups: Feb. 1, when they each needed nearly 900,000 signatures turned in to the state.
But the state said no group met the mark, although Smart and Safe Florida still disagrees. While juggling this federal lawsuit, Smart and Safe Florida has been entangled in multiple legal battles relating to signatures, with one of these cases involving signatures gathered by nonresidents or noncitizens.
In July, the federal judge blocked the portion of the law prohibiting nonresident and noncitizen volunteers, but a sharply divided three-judge panel of the 11th U.S. Circuit Court of Appeals sided with the state, disagreeing that First Amendment rights are being violated.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@usatodayco.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Federal judge upholds Florida ballot initiative law