Judge blocks part of new Florida petition law, says noncitizens can gather signatures
U.S. District Judge Mark Walker wrote in an order granting a preliminary injunction for this provision that Florida officials have great leeway in regulating the initiative petition process, but that prohibiting nonresidents and noncitizens from circulating petitions "impose a severe burden on political expression."
Furthermore, Walker agreed that the petition groups are "substantially likely" to succeed in First Amendment claims challenging the residency and citizenship requirements of the law.
"But here, the State has categorically barred entire classes of people from participating in the core political speech that is central to this process," Walker wrote.
Walker, however, denied other requests for preliminary injunction for other parts of the law, such as a 90-day pause on signature verification from supervisors of elections and an affidavit requirement for volunteers to include names and addresses on initiative petitions. The law (HB 1205) was signed by Gov. Ron DeSantis in May and went into effect July 1. Florida Secretary of State Cord Byrd's office is pending comment.
The petition groups challenging the new state law include Florida Decides Healthcare (backing Medicaid expansion), Smart and Safe Florida (adult-use marijuana) and Florida Right to Clean Water. The marijuana group told the judge in late May that the nonresident provision of the law would substantially burden them since it fines $50,000 for each nonresident and noncitizen volunteer, arguing that it would face $23.7 million in fines under new state law since they hired about 474 nonresident volunteers since March.
In a statement, Florida Decides Healthcare lauded a victory to the portion the federal judge did grant, although it noted that the group doesn't agree with every part of the ruling.
Mitch Emerson, the executive director of the group, said, "this is a victory for the constitutional rights of Floridians, and brings us one step closer to providing healthcare access to over a million, including veterans, seniors, women, and working families."
Walker's order comes a week after a nearly eight-hour hearing with testimony from three petition gatherers, who described how fears of penalties from this law led to stronger burdens and decreased volunteers for their grassroots campaigns.
Petition groups testify: Petition groups argue new Florida law is 'depriving our oxygen.' Will it survive scrutiny?
The crux of all plaintiff's arguments were that the new law violates First Amendment rights to political speech and to petition government. The urgency for a preliminary injunction was already heightened since petition groups face a looming Feb. 1 deadline to submit nearly 900,000 signatures.
The latest injunction by the federal judge marks the second order granting relief, since Walker sided with Florida Decides Healthcare in early June that the new law's expanded definition of "racketeering activity," which was changed to include violations of state election code and petition fraud, was "unconstitutionally vague" and "allows for arbitrary and discriminatory enforcement."
Preliminary injunction granted: Florida ballot initiative law mostly upheld by federal judge, but key part suspended
For years, petition groups have gathered signatures across the state to pass ballot initiatives for a variety of issues — like setting a cap on the number of students in a classroom, mandating a $15 minimum wage, approving medical marijuana or restoring voting rights to felons.
The law's stricter penalties and deadlines aren't the only hurdle petition groups must face to put their measures on the ballot for the 2026 elections. This lawsuit comes after a recreational marijuana and abortion rights ballot amendment failed to meet Florida's threshold of 60% support to amend the constitution. Voters supported the amendments by 57.2% and 55.9%, respectively.
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@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Judge blocks part of new Florida law restricting amendment process
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