Group pushing ballot question to expand Medicaid in Florida sues over new state law
Miami Herald
*Note: Catalyst Miami is a proud member of the Florida Decides Healthcare coalition.
By Romy Ellenbogen
This article originally appeared in the Miami Herald.
Marvis Williams signs a petition to put abortion access on the 2024 Florida voter ballot, on Dec. 14, 2023, in Plantation.
Cindy Goodman TNS
A group behind an effort to expand Medicaid is taking Florida to court over a law Gov. Ron DeSantis approved Friday that changes the state’s ballot initiative process.
The campaign, Florida Decides Healthcare, is pushing for a proposed constitutional amendment in 2026. To get on the ballot, it first needs to collect nearly 900,000 petitions from Florida citizens.
The group said in its lawsuit that the law DeSantis signed “imposes vague, punitive, and excessive requirements” and violates the First Amendment protection for political speech.
Bill sponsors in the Legislature said the changes were necessary to protect Florida’s system from abuse. They pointed to a state report that alleged widespread fraud in an amendment campaign last year.
But Florida Decides Healthcare said in its lawsuit that the bill’s provisions weren’t narrowly tailored to fraud.
“In practice, the law’s overly broad and indiscriminate restrictions suggest that its true purpose is not to safeguard against fraud or promote transparency, but to suppress citizen-led ballot initiatives that may conflict with the policy preferences of the current legislative majority,” the lawsuit says.
When asked for comment on the lawsuit, a spokesperson for the governor pointed to DeSantis’ social media post from over the weekend where he applauded the bill, saying he signed the legislation “to combat petition fraud and prevent the special interest-abuse of our constitutional amendment process.”
House Speaker Daniel Perez said in a statement that “it’s not a surprise that left wing advocacy groups who are trying to buy their way into the State Constitution would sue to stop the Legislature’s common sense ballot initiative reform.”
The legislation includes hefty fines and a threat of felony prosecution for petition circulators who do not register with the state, whether they’re paid or not. Unregistered volunteers can collect up to 25 petitions beyond their immediate family, but past that point, it would be a third-degree felony.
The bill also shortens the required turnaround time for petitions, requiring sponsors to submit them within 10 days instead of within 30 days.
And it prohibits people with felony records who haven’t had their rights restored, people who are not U.S. citizens and people who are not Florida residents from collecting petitions.
Mitch Emerson, the executive director of Florida Decides Healthcare, said the law has already impacted their campaign and has volunteers second-guessing their participation. Complying with the law’s requirements could cost millions of additional dollars, he said.
DeSantis made changing the ballot initiative process a top priority headed into this year’s legislative session following his battle against two 2024 proposed constitutional amendments. (Both those amendments, to legalize recreational marijuana and protect abortion access, failed.)
Florida voters have long used the ballot initiative process to amend the constitution in support of policies otherwise stymied in Tallahassee, including approving a $15 minimum wage, medical marijuana access and the restoration of voting rights for people with felony records.
Florida Decides Healthcare, in its lawsuit, said changes like the ban on people with felony records who haven’t had their rights restored from collecting petitions create unconstitutional burdens. It said those restrictions would render some of its existing contractors ineligible and would have a broader chilling effect.
The lawsuit is filed in Florida’s federal Northern District Court. The petition group is being represented by attorneys from the Southern Poverty Law Center and the progressive law firm Elias Law Group.
An attorney representing the group said they will also seek a temporary order stopping the law as the case moves along.
A spokesperson for Secretary of State Cord Byrd did not immediately return a request for comment as of midday Monday.
*Note: Catalyst Miami is a proud member of the Florida Decides Healthcare coalition.
By Romy Ellenbogen
This article originally appeared in the Miami Herald.
Marvis Williams signs a petition to put abortion access on the 2024 Florida voter ballot, on Dec. 14, 2023, in Plantation.
Cindy Goodman TNS
A group behind an effort to expand Medicaid is taking Florida to court over a law Gov. Ron DeSantis approved Friday that changes the state’s ballot initiative process.
The campaign, Florida Decides Healthcare, is pushing for a proposed constitutional amendment in 2026. To get on the ballot, it first needs to collect nearly 900,000 petitions from Florida citizens.
The group said in its lawsuit that the law DeSantis signed “imposes vague, punitive, and excessive requirements” and violates the First Amendment protection for political speech.
Bill sponsors in the Legislature said the changes were necessary to protect Florida’s system from abuse. They pointed to a state report that alleged widespread fraud in an amendment campaign last year.
But Florida Decides Healthcare said in its lawsuit that the bill’s provisions weren’t narrowly tailored to fraud.
“In practice, the law’s overly broad and indiscriminate restrictions suggest that its true purpose is not to safeguard against fraud or promote transparency, but to suppress citizen-led ballot initiatives that may conflict with the policy preferences of the current legislative majority,” the lawsuit says.
When asked for comment on the lawsuit, a spokesperson for the governor pointed to DeSantis’ social media post from over the weekend where he applauded the bill, saying he signed the legislation “to combat petition fraud and prevent the special interest-abuse of our constitutional amendment process.”
House Speaker Daniel Perez said in a statement that “it’s not a surprise that left wing advocacy groups who are trying to buy their way into the State Constitution would sue to stop the Legislature’s common sense ballot initiative reform.”
The legislation includes hefty fines and a threat of felony prosecution for petition circulators who do not register with the state, whether they’re paid or not. Unregistered volunteers can collect up to 25 petitions beyond their immediate family, but past that point, it would be a third-degree felony.
The bill also shortens the required turnaround time for petitions, requiring sponsors to submit them within 10 days instead of within 30 days.
And it prohibits people with felony records who haven’t had their rights restored, people who are not U.S. citizens and people who are not Florida residents from collecting petitions.
Mitch Emerson, the executive director of Florida Decides Healthcare, said the law has already impacted their campaign and has volunteers second-guessing their participation. Complying with the law’s requirements could cost millions of additional dollars, he said.
DeSantis made changing the ballot initiative process a top priority headed into this year’s legislative session following his battle against two 2024 proposed constitutional amendments. (Both those amendments, to legalize recreational marijuana and protect abortion access, failed.)
Florida voters have long used the ballot initiative process to amend the constitution in support of policies otherwise stymied in Tallahassee, including approving a $15 minimum wage, medical marijuana access and the restoration of voting rights for people with felony records.
Florida Decides Healthcare, in its lawsuit, said changes like the ban on people with felony records who haven’t had their rights restored from collecting petitions create unconstitutional burdens. It said those restrictions would render some of its existing contractors ineligible and would have a broader chilling effect.
The lawsuit is filed in Florida’s federal Northern District Court. The petition group is being represented by attorneys from the Southern Poverty Law Center and the progressive law firm Elias Law Group.
An attorney representing the group said they will also seek a temporary order stopping the law as the case moves along.
A spokesperson for Secretary of State Cord Byrd did not immediately return a request for comment as of midday Monday.
