League of Women Voters of Florida and LULAC Seek Injunction to Halt Florida Law That Guts Ballot Initiative Process

Tallahassee, FL — The League of Women Voters of Florida (LWVFL) and the League of United Latin American Citizens (LULAC) today filed a motion for a preliminary injunction in federal court, seeking to block enforcement of key provisions of Florida’s House Bill 1205. The law, enacted earlier this year, imposes sweeping new restrictions on the state’s citizen ballot initiative process, threatening core constitutional rights of all Floridians and the ongoing signature-gathering efforts of LWVFL and LULAC. LWVFL and LULAC are represented by Democracy Defenders Fund.

“House Bill 1205 is yet another nail in the coffin for citizen-led change in Florida,” said Debbie Chandler, Esq., co-president of the League of Women Voters of Florida. “For decades, Floridians of all political persuasions have utilized the citizen-led ballot amendment process to pass popular reforms in our state. 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.”

“When lawmakers refuse to act in the public interest, the citizen initiative process created by and placed in the Florida Constitution has historically given Floridians a constitutional check on power. House Bill 1205 erodes one of the last avenues residents have to demand meaningful change,” said Cecile M. Scoon, Esq., co-president of the League of Women Voters of Florida. “House Bill 1205 was created with a blatant desire to silence voters, undermine direct democracy, and entrench unrestrained political power. The League and many of Florida’s citizens have used the ballot initiative process to pass laws when the legislators take a ‘see no evil, hear no evil’ approach and take no action requested by the majority of citizens. We look to the court to block the unconstitutional provisions of this legislation.”

“In a healthy democracy, politicians would not seek to silence the voices of voters who simply want to make their voices heard via direct democracy,” said Marcia Johnson, chief of activation and justice of the League of Women Voters of the US. "For years, the League has fought back against attacks on direct democracy across the country. Now, the League is proud to stand with LWVFL in their fight to block this antidemocratic law.”    

“When some lawmakers fear accountability, they try to rig the rules,” said Roman Palomares, national president of the League of United Latin American Citizens (LULAC). “HB 1205 is a textbook example. It limits speech and tries to criminalize participation in the political process. Communities that have been sidelined for generations are being told to sit down and stay quiet. Ballot initiatives have been one of the few ways for people without political power to make real change. This bill tries to take even that away. Well, we’re not backing down.”

The preliminary injunction motion argues that HB 1205 violates the First and Fourteenth Amendments by infringing on free speech, freedom of association, and due process rights. The lawsuit, filed by LWVFL and LULAC, contends the law is unconstitutionally vague and overly broad, and effectively shuts everyday Floridians out of the petition process. LWVFL and LULAC’s preliminary injunction motion asks the court to halt implementation of these provisions while the full legal challenge proceeds. The case could have far-reaching implications for the future of direct democracy in Florida and beyond.

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. With the League actively working to qualify two amendments for the ballot, HB 1205 will force volunteers to halt their work.

Among other burdens, House Bill 1205:

• Bans noncitizens and out-of-state residents from volunteering as petition circulators, regardless of legal status or connection to Florida
• Requires individuals who collect more than 25 petitions signed by persons outside of their family, to register with the state and provide detailed personal information, dramatically curbing grassroots organizing capacity
• Imposes harsh criminal penalties for mistakes, threatening community members who simply want to help

“HB 1205 is a calculated move to shut everyday Floridians out of the democratic process,” said Tianna Mays, legal director of the Democracy Defenders Fund. “It undercuts the basic freedoms to speak, assemble, and push for change through the ballot. Those rights belong to all people, not just politicians. This law is solely about protecting the powerful. We’re in court alongside the League of Women Voters and LULAC to tilt the scale back toward the people of Florida."

Read the preliminary injunction filing here.

Read more about the case here.