TALLAHASSEE, Fla. — A federal judge in Tallahassee is hearing arguments this week over Florida's new law restricting citizen-led ballot initiatives, with plaintiffs arguing the 2025 legislation places unconstitutional burdens on grassroots democracy efforts.
The lawsuit challenges HB 1205, which requires petition circulators to be volunteers, citizens and Florida residents while also heightening penalties and tightening deadlines for ballot initiative campaigns.
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"Frankly, HB 1205, the way we've been describing this, it's just death by 1000 cuts, because it would be very difficult to say, if only this provision, or for only that provision, it is. There are so many parts of this," said Mitch Emerson, Florida Decides Healthcare Executive Director.
Under the new rules, all 22 of Florida's active citizen-led initiatives failed to qualify for the 2026 ballot, critics say demonstrates how restrictive the law has become.
"It is notable to us, though, that no initiatives are on the 2026 ballot. And I don't think that's by accident," said Emma Olson Sharkey, an attorney for the plaintiffs.
Gov. Ron DeSantis has supported the restrictions, calling petition gathering "a cottage industry where people are getting paid to generate petitions and so they can sign names and then get more money, and it's gotta stop."
The decision to strike down or uphold the law will ultimately rest with Judge Mark Walker, an Obama appointee who has previously struck down DeSantis-era policies.
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