TALLAHASSEE, Fla. (WTXL) — As the Florida legislature struggled to pass a budget late Friday, Governor Ron Desantis signed off on one bill they did pass on what was supposed to be the final day of the session: House Bill 1205.
Pitched as the Ballot Initiative Reform bill, HB 1205 passed 28 to 9 in the Florida Senate Friday, and 81 to 30 in the State House the day before. It changes the requirements for getting amendments to the state constitution on ballots.
The law is effective immediately.
ACCUSATIONS OF A POWER PLAY
The executive director of the ACLU of Florida blasted the new law. In a statement, Bacard Jackson says “This is not about protecting the integrity of the process. It’s about preserving power for a few who want unchecked control and the ability to ignore the will of the voters. When politicians don’t like the outcomes of citizen amendments — like raising the minimum wage, expanding voting rights or exposing the majority mandate to restore reproductive freedom — they change the rules. That’s not democracy. That’s manipulation."
The ACLU wasn't the only detractor. Mitch Emerson, Campaign Manager for Florida Decides Healthcare, issued a statement saying “Today, politicians in Tallahassee—led by those who fear the will of the people— voted to attack Floridians’ fundamental freedom to vote on the laws that govern their lives through the citizen-led amendment process. This legislation is not about ‘transparency’ or ‘reform.’ It's a calculated move by out-of-touch politicians trying to rewrite the rules to further keep the power in their hands, and away from everyday citizens. They're attempting to silence Floridians because they’re afraid of answering to We The People."
Speaking on the bill in March, Republicans told the Scripps News Group's Forrest Saunders that reforms are necessary to protect the integrity of the ballot initiative Process.
Fort Myers Republican State Rep. Jenna Persons-Mulicka said at the time, “The initiative petition process is broken, and we need to put in safeguards to protect the citizens of the state of Florida from the known fraud that we know is occurring.”
Panama City Republican, State Rep. Philip Wayne Griffitts, Jr. said "Our constitution should not be easy to change," despite a previous change in law to require 60% of voters to approve any ballot item. That restriction was enough to keep Florida's ban on abortions after 6-weeks of pregnancy in place last November, despite 57% of voters casting ballots in favor of an amendment that would have repealed that ban.
CHANGES FOR PETITION GATHERERS, SPONSORS, AND SIGNATORIES
Among changes made to petition-gathering by HB 1205, those who sign petitions must include a current and valid driver license number, Florida ID card number, or the last four digits of their Social Security number. The signatory will also have to attest that they are registered to vote in Florida.
The petition must include a notice that the form will become public record and that it is a first-degree felony to knowingly sign the same petition more than once.
How many election cycles a sponsor can remain active without meeting the required signature threshold is changing. For existing amendment proposals, that means any filed before February 1, 2022 that have not made a ballot, will now have to be refiled after February 2nd of 2026.
Sponors must post a $1 million bond to the Division of Elections, once it's confirmed that they have collected 25% of the required signatures.
Signature collectors and petition handlers will have to be U.S. citizens and Florida residents. Any who have felony convictions must have had their voting rights restored. If not, the sponsor would be liable for a $50,000 dollar fine for each violation.
Paid petition circulators must now register with the Secretary of State. Volunteer petition circulators must also register if they work for or are affiliated with the sponsor.
Paid petition circulators will also need to undergo training before registering.
Sponsors can no longer mail out petition forms that have voter information pre-filled.
Sponsors will face a $5,000 fine if a person collecting petition forms signs someone else's name, signs a fictitious name, or fills in missing information on behalf of a legitimate signatory.
There will also be a new $5,000 fine for any signatures collected prior to February first but submitted afterward; as well as a $100 per day fine for petition forms submitted late; up to $5,000 per form.
The bill also creates a process for voters to revoke their signature of a petition, up until January 2nd of the year in which the amendment will be voted on. It also provides a method to challenge certification of ballot placement in Leon County Circuit Court.
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