Case Summary
The League of Women Voters of Florida (LWVFL), the League of United Latin American Citizens, and two LWVFL members intervened in a lawsuit challenging Florida’s House Bill 1205, which attacks direct democracy in the state, as violative of the organizations’ constitutional rights.
The right to pursue citizen-led ballot initiatives has been enshrined in the Florida state constitution since 1968. In Florida, ballot initiatives must achieve 60% support to be enacted into the state constitution. However, over the past few years, the state has repeatedly attempted to restrict the citizen-led amendment process.
On May 2, 2025, Governor DeSantis signed House Bill 1205 into law. The bill imposes burdensome and punitive restrictions on the citizen-led constitutional amendment process, attacking direct democracy in the state. Among its provisions, HB 1205 would shorten the timeframe for returning signed petitions from 30 to 10 days, require petition circulators to re-register with the state and be both US citizens and Florida residents, subject those who make mistakes to severe criminal penalties or fines, and require voters to include their ID number when signing a petition.
On May 4, 2025, Florida Decides Healthcare, Inc. and two individuals, filed a complaint in the Northern District of Florida against FL Secretary of State Byrd, FL Attorney General Barton, the county supervisors of elections and state attorneys. The plaintiffs challenged HB 1205’s infringement upon the rights of petition circulators and constitutional right to participate in the initiative process. They alleged the law violated their rights under the First and Fourteenth Amendments.
On May 13, 2025 LWVFL, LULAC, and two LWVFL members filed a motion to intervene as plaintiffs, which was granted shortly thereafter. Their complaint alleges HB 1205 violates the organizations’ and petition circulators’ First, Fifth, and Fourteenth Amendment rights to free speech, due process, and assembly.
LWVFL is represented by Democracy Defenders Fund and Gelber Schachter & Greenberg, P.A.
LWV Timeline
Florida Decides Healthcare files complaint
Florida Decides Healthcare files a federal lawsuit against HB 1205 alleging it violates their constitutional rights, specifically, the First Amendment right to free speech and association and the Fourteenth Amendment right to due process.
LWVFL files motion to intervene
LWVFL, LULAC, and two individuals file a motion to intervene in federal court alleging violation of the organizations’ and petition circulators’ First, Fifth, and Fourteenth Amendment rights.
Order granting intervention
The district court grant's LWVFL's motion to intervene.
District court partially grants injunction
The district court partially grants plaintiffs' request for a preliminary injunction. Noncitizen members of LWVFL and LULAC are allowed to collect signed citizen ballot initiative petitions supporting the sponsors of three initiatives. LWVFL members living outside Florida are also allowed to collect signed petitions for these sponsors. Other provisions requiring registration with the state and circulator affidavits are upheld.
District court issues final judgment after trial
The district court issues final judgment on several of the plaintiffs' claims after trial. The court rules that several of the plaintiffs lack legal standing to sue, and that various restrictions, including the shortening of the return deadline and tightened qualifications on petition circulators, do not violate the United States Constitution.