Evan Power is chairman of the Republican Party of Florida.
Battle lines are taking shape in litigation over a new law that tightens restrictions on Florida’s initiative process, with the state GOP stepping in to defend House Bill 1205 and the League of Women Voters of Florida (LWVFL) seeking to enjoin its provisions.
The initial federal litigation against HB 1205 was filed last month in the Northern District of Florida, with several plaintiffs taking part, including the LWVFL, League of United Latin American Citizens (LULAC) and Florida Decides Healthcare Inc. In a motion for a preliminary injunction filed on Tuesday, the plaintiffs argue that HB 1205 infringes on First Amendment rights of speech and association and due-process rights.
Among the provisions of the measure, which goes into effect on July 1, are requirements that signature gatherers who collect more than 25 petitions signed by people outside of their immediate family must register with the state, that petition circulators be U.S. citizens and Florida residents and that signature gathers not be compensated based on the number of signatures they collect. The measure also creates a process for voters to revoke their signatures.
The Republican Party of Florida, which said last week that the federal court had approved its motion to intervene in defense of HB 1205, argues that the provisions of the new law improve transparency within the initiative process and will protect elections against fraud.
“We’re pleased the court has recognized our stake in defending Florida’s election integrity laws,” party Chairman Evan Power said in a statement. “This is an important first step in securing transparency (and) accountability. … We will continue fighting to protect the integrity of Florida’s ballot and ensure voters are informed and confident in the process.”
The plaintiffs said in their motion this week that they depend entirely on volunteers when they take part in efforts to pass statewide citizen initiatives and would like to keep doing so in the future.
“But because of the penalties associated with HB 1205, they will almost certainly cease engaging in petition-collecting efforts, absent an injunction,” the June 3 motion states.
The plaintiffs contend that the measure imposes serious felony criminal penalties on people involved in the process when they make mistakes, resulting in obstacles to political speech and civil engagement.
“Plaintiffs (both as individuals and organizations) have been inundated with questions from terrified volunteers who, despite their immense passion for supporting direct democracy, are worried they will either commit a felony or expose the league or LULAC to liability by making a mistake,” the plaintiffs’ motion says.
HB 1205 places undue burdens on freedoms of speech and associations, according to the motion, and its noncitizen provisions run afoul of the Constitution’s Equal Protection Clause. And provisions dealing with restrictions on individuals’ collection of signatures are unconstitutionally vague, the plaintiffs argue.
“The league and LULAC argue that the law’s cumulative effect is to prevent regular Floridians from engaging in the initiative process in a meaningful way,” an LWVFL spokesman told the Florida Record. “With the league actively working to qualify two amendments for the ballot, HB 1205 will force volunteers to halt their work.”
The new law represents another blow to citizen-led change in Florida, according to Debbie Chandler, LWVFL’s co-president.
“Floridians of all political persuasions have utilized the citizen-led ballot amendment process to pass popular reforms in our state,” Chandler said in a statement. “This law was created in retaliation after a majority of Florida voters attempted to enact policies that differ from our state Legislature's current makeup. HB 1205 must be stopped.”
