Florida group files lawsuit against state regarding new petition law for constitutional amendments.

TALLAHASSEE — A coalition advocating for the expansion of Medicaid in Florida has initiated legal action against the state following the recent approval of legislation by Governor Ron DeSantis, which significantly alters the ballot initiative process. This move comes as part of the group’s broader campaign, Florida Decides Healthcare, which aims to secure a proposed constitutional amendment on the 2026 ballot. To achieve this, the organization must gather approximately 900,000 signatures from Florida residents.

In their lawsuit, Florida Decides Healthcare contends that the new law introduces “vague, punitive, and excessive requirements” that infringe upon First Amendment protections associated with political expression. Lawmakers who backed the bill argued that these modifications were essential to safeguard Florida’s electoral framework against potential abuse, referring to a state report that alleged widespread fraud during a previous amendment initiative.

However, the coalition asserts that the provisions of the law are excessively broad and not specifically addressed towards preventing fraudulent activities. Their legal document argues that the underlying intention of the legislation appears to be not merely to enhance electoral integrity but to stifle citizen-led initiatives that might challenge the prevailing political ideology of the governing majority.

When approached for comment regarding the lawsuit, a spokesperson for Governor DeSantis highlighted a social media statement from the governor, in which he praised the legislation as a necessary step to combat petition fraud and to avert the exploitation of the constitutional amendment process by special interests.

The newly enacted law imposes significant penalties, including potential felony charges for petition circulators who fail to register with the state, whether they are compensated or volunteering. While unregistered individuals can collect a limited number of petitions—25 from beyond their immediate family—collecting additional signatures would constitute a third-degree felony.

Moreover, the law tightens the timeline for petition submissions, reducing the required turnaround period from 30 days to just 10 days. It also disqualifies individuals with felony convictions who have not had their rights restored, non-U.S. citizens, and non-Florida residents from gathering petitions.

Governor DeSantis prioritized the reform of the ballot initiative process in the current legislative session, particularly following challenges against two proposed constitutional amendments aimed at legalizing recreational marijuana and safeguarding abortion access, both of which did not gain approval.

Historically, Florida voters have turned to the ballot initiative mechanism to enact constitutional changes that align with public sentiment, such as the establishment of a minimum wage, access to medical marijuana, and the restoration of voting rights for individuals with felony records. The coalition argues that the new restrictions will create unconstitutional obstacles, potentially disqualifying current contractors and exerting a more extensive chilling effect on their efforts.

The lawsuit is currently filed in the Northern District Court of Florida, with representation from the Southern Poverty Law Center and the progressive legal firm Elias Law Group. A request for comment from Secretary of State Cord Byrd’s office has yet to be addressed.

This developing story will continue to be updated as more details emerge.

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