Grassroots Groups Challenge Florida’s New Ballot Restrictions in Court

Grassroots Groups Challenge Florida’s New Ballot Restrictions in Court

In what can only be described as a heated showdown, attorneys for grassroots campaigns in Florida are gearing up for a major legal confrontation. They have requested U.S. District Judge Mark Walker to block parts of a newly enacted law that places significant restrictions on how citizens can get initiatives onto the ballot. This challenge was recently presented in Tallahassee, and it emerges amid rising concerns from voter advocacy groups regarding the implications of this law on constitutional amendments in Florida. Specifically, these groups are working on initiatives related to Medicaid expansion and recreational marijuana, and they argue the new regulations are unconstitutional, obstructing their right to amend Florida’s constitution, as WUWF reports.

Recently, Judge Walker issued mixed rulings on this contentious law, allowing some aspects to take effect while blocking others, like provisions prohibiting noncitizens and out-of-state residents from gathering signatures. Advocates, including Glenn Burhans from the Smart & Safe Florida campaign and representatives from Poder Latinx, are pushing for clarity and legal protection from prosecution under these constraints. While Judge Walker has yet to rule from the bench, he committed to delivering a formal order soon, and further arguments for a preliminary injunction are scheduled for next month.

New Law’s Tough Stance

The legislative backdrop is equally significant. On May 2, 2025, Governor Ron DeSantis signed HB 1205 into law, spurred by a Republican-controlled legislature that claims to combat what it sees as fraud in the petitioning process. This law, which sailed through legislative approval with universal Republican support and unanimous Democratic opposition, introduces stringent requirements for signature collectors, voter signatures, and limits on sponsoring committees. Key provisions require initiative sponsors to resubmit letters every third election cycle to prevent signature expiration, affirm their citizenship and residency status, and register with the Secretary of State if they collect more than 25 signatures, as Ballotpedia notes.

Furthermore, the law dramatically reduces the time allowed for submitting signed petitions from 30 days to just 10. Noncompliance can lead to penalties, including felony charges for improper petition collection. Critics suggest these measures effectively chill political speech and engagement, arguing that they create barriers that are particularly burdensome for grassroots movements, as seen in the varied experiences across states in their initiative processes.

Ballot Initiatives Across the U.S.

It’s essential to consider the broader implications of these changes in Florida’s ballot initiative landscape. A ballot initiative enables citizens to propose new laws or constitutional amendments by collecting signatures. This process, sometimes called a citizen initiative or referendum, allows voters to directly influence legislation. States like Florida have diverse rules governing these initiatives, with 26 states enabling such measures according to Ballotpedia. In Florida, while citizens have the right to propose amendments, the recent legislative changes are stoking fears that these rights may be curtailed.

As the legal battle unfolds, the stakes couldn’t be higher for advocates who strive for crucial reforms, especially after Floridians recently expressed strong support for ballot initiatives related to abortion rights and marijuana. However, those initiatives fell short of the necessary 60% approval. With the legal proceedings set to go further, many are left wondering what the future holds for direct democracy in the Sunshine State.