Latest news with #Burhans
Yahoo
24-05-2025
- Politics
- Yahoo
FL. District Judge weighs blocking new ballot initiative law
'Fear and uncertainty' about a new law targeting the state's ballot-initiative process has led to a significant drop in people working to collect signatures for 2026 ballot measures, groups challenging the law told a federal judge on Thursday. One of the most-controversial parts of the law, passed by the Republican-controlled Legislature on May 2 and immediately signed by Gov. Ron DeSantis, shortens from 30 to 10 days the length of time to submit signed petitions to supervisors of elections. In addition, the law (HB 1205) includes hefty fines for petitions that are filed late and makes it a felony for petition gatherers to retain voters' personal information on petitions or make changes to completed petitions. Groups accused of 'substantial irregularities' in the petition process could face racketeering charges. Florida Decides Healthcare, a committee sponsoring a proposed constitutional amendment aimed at expanding Medicaid coverage, quickly filed the lawsuit this month to challenge parts of the law. Smart & Safe Florida, a committee behind a proposed constitutional amendment that would allow recreational marijuana, also is a plaintiff in the case. A similar marijuana proposal narrowly failed to pass in November, and the committee is trying to go back to voters in 2026. The groups on Thursday asked Chief U.S. District Judge Mark Walker for a preliminary injunction to block parts of the law, including the 10-day deadline. Lawyers for the groups argue in part, that the provisions unconstitutionally 'chill' political speech. The shortened time frame to submit petitions combined with the risk of fines for late submissions have erected an 'insurmountable barrier' for placement of initiatives on the 2026 ballot, Nicholas Steiner, an attorney with the Southern Poverty Law Center who represents Florida Decides Healthcare, told Walker. 'It's making it impossible, really, for FDH (Florida Decides Healthcare) to engage with the target audience,' he said. The 10-day turnaround 'has zero relation to fighting fraud or preserving ballot integrity,' Glenn Burhans, an attorney for Smart & Safe Florida, argued. The purpose of the quick turnaround 'is to squash the initiative process, pure and simple. It's stamping on speech,' Burhans said. Smart & Safe Florida has submitted more than 217,000 valid petition signatures to state elections officials, just shy of the 220,000 signatures that would trigger Florida Supreme Court review of the pot proposal and a required financial analysis. Groups need to submit roughly 880,000 signatures by Feb. 1 to make it on the November 2026 ballot. But Burhans pointed to a document filed Wednesday saying that Smart & Safe Florida's petition collections and workforce have shrunk since parts of the law, including the 10-day deadline, began taking effect this month. The group was collecting roughly 78,000 petitions a week and expected to surpass the 880,000 threshold by the end of June, according to a declaration by Meghan Cox, the founder and CEO of Groundgame Political Solutions, LLC. Cox's company provides ballot-initiative services to Smart & Safe Florida. Cox said the number of petitions has dropped to between 12,000 to 15,000 a week. In addition, the number of paid workers shrank by 1,100 since the law went into effect, an 85 percent workforce drop, 'and we don't know if we will gather enough to get on the ballot by the end of the year,' Cox's declaration said. Walker on Thursday asked Burhans whether the drop in workers or completed petitions could be attributed to a decline in support for the marijuana initiative. Burhans said the proposal has 'broad support' among voters. He noted that last year's marijuana measure, which appeared as Amendment 3 on the November ballot, received more than 5.9 million votes, which surpassed the votes for DeSantis when he was re-elected in 2022. Nearly 57 percent of Floridians voted for the marijuana measure, short of the 60 percent approval required to pass. After leading crusades to help defeat the marijuana measure and a proposal that would have placed abortion rights in the state Constitution, DeSantis called on the Legislature to make changes to the ballot-initiative process. Many Republican leaders and groups such as the Florida Chamber of Commerce have long argued that policy decisions should be made by the Legislature, not through amending the Constitution. Burhans argued that the new law is designed to 'undercut the success Amendment 3' had last year. Mohammad Jazil, an attorney who represents the state, told Walker that the Legislature has the authority to establish regulations for the ballot-initiative process. The judge pressed him about part of the law restricting groups from retaining 'personal information,' which the plaintiffs maintain is vague and overbroad. The Legislature 'is the sausage makers,' Jazil said. But Walker said that, in more than one previous case, he's found that the sausage is 'just nasty.' 'Sometimes the sausage they produce down the street (in the Capitol) is nasty and they shouldn't serve it,' Walker observed. 'The question is, is the sausage edible,' Jazil responded. The 10-day timeline, Jazil said, would give supervisors more time to validate petitions, which groups sometimes drop off in bundles of hundreds. The shortened timeframe could prevent a logjam for local elections officials, Jazil said. But Burhans referred to another part of the law that freezes supervisors of elections' validation of petitions from July 1 through Sept. 30, which he said 'cuts directly against the excuse' that the 10-day turnaround helps supervisors. 'The sausage is not only bad, it's rancid and it's filled with maggots,' Burhans said. Florida Decides Healthcare has 'seen a lot of direct impacts' from the new law, Ben Stafford,who represents the committee, told reporters after Thursday's hearing. 'Not just some of the logistical hurdles and impossibilities that were laid out in the arguments, but real Floridians are saying they are simply not comfortable participating in a process that might now expose them to felony convictions for things where they are not attempting to do anything wrong,' Stafford, an attorney with the Elias Law Group LLP, said. Other groups that have joined the lawsuit include the League of Women Voters of Florida. Walker on Wednesday granted a request by backers of a proposed constitutional amendment aimed at protecting clean water to also join the lawsuit. Walker did not immediately rule on the preliminary injunction, but Mitch Emerson, executive director of Florida Decides Healthcare, said he was hopeful the judge will grant the request to block the law. 'It's about protecting every Floridan's right to have a voice in our democracy. We are optimistic that the court will grant the request for a preliminary injunction and restore the rules that have governed the ballot initiative process for years,' Emerson told reporters. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
Yahoo
23-05-2025
- Health
- Yahoo
In court hearing, attorneys debate palatability of new restrictions on citizens' initiatives
Florida Decides Healthcare Executive Director Mitch Emerson talks to reporters in Tallahassee outside the federal courthouse May 22, 2025. (Photo by Christine Sexton/Florida Phoenix) A federal court hearing held Thursday to determine the fate of Florida's strict new law on ballot initiatives veered into culinary criticism as an attorney compared the measure to 'sausage.' Attorneys for the DeSantis administration insisted that sausage is edible while those on the other side called it 'rancid.' Florida legislators passed the law after citizens' initiatives to allow abortion and recreational pot nearly passed last November. Critics contend that the new law — with all of its restrictions on groups and who can collect signatures — will make it nearly impossible for outside organizations to ever place an initiative on the ballot in the future. Groups have challenged the new law — which was a top priority for Gov. Ron DeSantis — on grounds that it violates their rights to free speech and due process. During the hearing, Chief U.S. District Judge Mark Walker listened to about three hours of testimony on Florida Decides Healthcare's and Smart & Safe Florida's request that he block certain provisions of the law while the legal challenge moves ahead — including a requirement that sponsors turn in completed petitions within 10 days after the voter signs the petition, as well as stepped up fines and criminal penalties. Walker, who posed pointed questions to both sides, asked everyone to 'please be patient,' as he considers his ruling. Florida Decides is behind a campaign to put a Medicaid expansion on the ballot in November 2026. Smart & Safe Florida is behind a renewed initiative to make recreational marijuana legal for adults in Florida. Both groups need to collect and certify 880,000 voter signatures before Feb. 1 of next year to make the November 2026 ballot. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Tallahassee attorney Glenn Burhans Jr. said that, prior to the new law taking effect, Smart & Safe Florida was collecting 78,000 signatures per week. Since the law took effect, he said, the group is collecting between 12,000 and 15,000 signatures per week. He said that 1,100 petition circulators who were out in the field have been 'lost' due to the law with its felony penalties. 'That places the ability to get this on the ballot in peril,' he said. Burhans noted that the law not only condenses the time to submit a petition, it doesn't allow for the period to be extended to account for office closures or holidays — the Legislature, he noted, rejected such extensions. That means petition collectors could have as little as seven days to turn in the forms, he said. Burhans used the coming Memorial Day Weekend as an example, noting that supervisors of elections offices will be closed from May 24-27. If Smart& Safe Florida collected 1,700 signatures on May 16 but didn't deliver them before an office closed, it could face fines of upward of $255,000 ($85,000 a day times three days). 'Your honor, that's real life. That's impact,' he said. Tallahassee attorney Mohammad Jazil, representing Secretary of State Cord Byrd, said that the timeline was condensed from 30 days to 10 days to give the supervisors of elections more time to review the petitions and sniff out fraudulent forms. The state intends to keep language in its rules and regulations that would allow sponsors to deliver petitions outside the 10-day time frame for holidays and office closures, Jazil said. Walker pressed Jazil on some points, such as what constitutes personal identifying information that must be placed on the petitions. Jazil defended HB 1205 and at one point noted that legislation being made was like watching sausage get made — a famously distasteful process. Jazil joked that this sausage, HB 1205, was edible. 'Sometimes the sausage aren't real tasty, that's why we have challenges here,' Walker replied. In his rebuttal, Burhans said the law bans supervisors from reviewing ballots between July 1 and September 1. That, he said, doesn't give supervisors more time, but instead creates a 90-day log jam. Additionally, Burhans stressed that HB 1205 specifically removed language from statute allowing for extensions for holidays and office closures. Agencies cannot promulgate rules contrary to law, he said. 'The sausage is not only bad, it's rancid and filled with maggots,' Burhans said. Mitch Emerson, executive director of Florida Decides Healthcare, told reporters following the hearing that he was optimistic. 'We had the opportunity to make it very clear why this law is unconstitutional and un-American. This isn't just about one campaign. It's about protecting every Floridian's right,' he said. Blocking the law, he continued, would return the state to the existing rules that petition gathers have relied on for years. 'This means giving people back the ability to organize, gather signatures, and bring issues directly to the ballot without fear, confusion.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
20-03-2025
- Politics
- Yahoo
Council member says he'll abandon term-limit effort after attorney's opinion
A council member who pushed for term limits in New Market said Wednesday that he is abandoning his efforts after the town attorney declared the charter amendments to be 'defectively adopted.' The town did not give adequate notice for a public hearing on the amendments, as mandated under state statute, Town Attorney William Wantz said in a legal opinion sent on Wednesday to Town Clerk Michelle Mitchell and posted on the town website. Council Member Michael Wright, who introduced the measure, said Wednesday that he is not currently planning on pursuing it further. 'As the town attorney said, the resolution is defective and therefore I do not intend to modify it or move forward with it,' Wright wrote in an email. The term-limit measure that the council passed 3-2 on March 13 would have prevented Mayor Winslow Burhans III from running for re-election, which he said he planned to do. Burhans said he thought the new limit was aimed at trying to prevent him from staying in office. The changes would have gone into effect May 2 — 11 days before the town's elections on May 13. The town's primary election date is April 28, and its filing deadline for candidates is April 7. 'The timing of this is not only dubious, but they have also done so in a way that provides no time to petition the Town for referendum on the amendments,' Burhans wrote in a Facebook post on Sunday, before Wantz's opinion was made public. However, in an email statement on Wednesday, Wright denied the claim the ordinances were targeting Burhans. 'Mr. Burhans has mentioned to me directly that he does not intend to run for election again after this term,' he wrote in an email. Burhans said in an interview on Wednesday that he had signs up indicating his intention to run for mayor prior to the meeting when the term limits were passed. He said he stated publicly his intention to run. The language allowed council members to run for a maximum of six four-year terms and the mayor to run for a maximum of four four-year terms. Previously, the town had no term limits. The language made no exception for current or previously elected officials. It was passed by a 3-2 vote with Council Members Matthew Chance, Shane Rossman and Wright voting for it and Council Members Dennis Kimble and Chris Weatherly voting against. Burhans has held his position since 2001. He has said he is running for his seventh term. Wright said in an email he introduced the term limits to 'promote inclusivity, fairness, and fresh perspectives in New Market.' As New Market grows, he said, the town needs participation from more people. However, Burhans said that turning people away in a small town like New Market would not increase volunteerism. New Market had a population of around 1,500 in 2020, according to the U.S. Census. '... If Councilmen Chance, Rossman and Wright think that... eliminating me provides them an uncontested path to becoming your next mayor, let me assure you, THAT WILL NOT HAPPEN,' Burhans wrote in the Facebook post. 'You will not get your next mayor by default.' The Maryland state statute governing charter changes for municipalities mandates that amendments to the charter must be posted in the town hall for at least 40 days after their passage. They must also be placed in a newspaper of general circulation at least four times over a period of 40 days after passage. Proposed changes may only go into effect 50 days after it was voted on, the state statute outlines. The town could meet the time requirements outlined if it were not for an additional requirement that it give public notice for a public hearing on any charter change at least 21 days before the public hearing, Wantz said in his legal opinion. Wantz said the council did not meet the 21-day requirement for the March 13 meeting. If the council wanted to pass term limit measures, it would have to give adequate public notice before hosting a public hearing on them, he said.
Yahoo
14-03-2025
- General
- Yahoo
Woman's visit to monastery sparks eye-opening revelation about society's biggest issues: 'We must be at the forefront'
Molly Burhans had a stunning realization during her visit to a Benedictine monastery in Pennsylvania: The Catholic Church owns or stewards a significant amount of land — roughly the equivalent of the size of France. As the United Nations Environment Programme detailed, many religious traditions call on their faithful to care for the Earth, and Burhans strongly believes in using land for good. Her first foray into restorative work involved guerilla gardening on the grounds of an abandoned home. "It not only restored the land but it also transformed the entire neighbourhood in a radically beautiful way," Burhans said of the property in Buffalo, New York. "That was my first experience of really seeing the power of property and the way we use and manage our land." Her revelation at the monastery ultimately led to the establishment of GoodLands in 2015. "Grounded in science … and inspired by Christian values of stewardship and charity," per its official website, the organization helps the Catholic Church develop land-use strategies. In turn, the church can mobilize more effectively to address some of today's most pressing societal issues, including food and water insecurity, community connection, and displacement associated with extreme weather events — supercharged by a warming climate. With the approval of the Holy See (the government of the Roman Catholic Church), digital mapping became one key element supporting GoodLands' mission. "You can't do surgery unless you've studied human anatomy—and you can't really do sound environmental work unless you've mapped the environment and landscape, and can visualize it," Burhans told the U.N. Environment Programme. "If a picture is worth a thousand words, then a map is worth a million," she added. "We can map where ecological failure might trigger heavy migration. Or, where sea level rise might force poor communities to move. We can see where more trees could cool hot cities; where green spaces could bring health benefits in areas with high respiratory problems." Do you think more places of worship should embrace clean energy? Yes — it sets a positive example Only if it saves money No opinion Absolutely not Click your choice to see results and speak your mind. In 2018, Burhans visited the Vatican to discuss her work and gifted Pope Francis a digital map. The following year, she was honored as a Young Champion of the Earth. As she told the U.N. Environment Programme, mapping data could help save tens of millions of lives every year. The Vatican may also consider launching a cartography institute. If it does, it would be the first scientific institute established by the Holy See since a 1930 observatory. "I am hopeful regarding the developments surrounding my work with the Vatican," Burhans said, explaining that she's in the process of automating GoodLands' offerings and obtaining B Corp status — given to organizations that meet a rigorous set of environment and social guidelines. "How can we leverage land and religion to become the solution to our crises? We must be at the forefront of these issues," Burhans said to the U.N. Environment Programme. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.
