Judge largely declines to block Florida law restricting ballot-initiative drives
In passing the law earlier this year, Gov. Ron DeSantis and the bill's Republican sponsors said the petition process needed reform because it is riddled with fraud.
But groups like Florida Decides Healthcare, which is trying to get an amendment that will expand Medicaid access on 2026 ballots, quickly sued, saying the new law stifles people's ability to use the petition process. Other groups, including the recreational marijuana campaign Smart & Safe Florida, joined the lawsuit.
U.S. District Judge Mark Walker largely denied the plaintiffs' request to block three sections of the new law.
Plaintiffs had asked Walker to temporarily block a requirement that campaigns turn in all petitions within 10 days to county elections offices. They also contested changes that increased fines for organizations that turn in petitions late and that added new criminal penalties for filling in missing voter information.
The plaintiffs argued that the law violates the First Amendment right to engage in political speech.
But Walker, who was nominated to the bench by former President Barack Obama, said court precedent makes clear that the initiative process doesn't have to be the most user-friendly version possible.
Walker said the challenging groups hadn't yet proven they were 'severely burdened' by the new law's requirement to turn petitions in within 10 days and the increased late fines.
Instead, he said, 'the record shows that these provisions simply make the process of getting their proposed initiatives on the ballot more expensive and less efficient for Plaintiffs.'
The marijuana and Medicaid expansion campaigns have said they've been affected by slowed petition collection and discouraged volunteers since the law took effect in early May.
The groups hoping to qualify for the 2026 ballot need about 900,000 verified petitions by early next year.
Out of all the groups' asks, Walker granted only one plaintiff an injunction on one point.
Jordan Simmons, a project director for the Medicaid expansion group, challenged part of the law that includes election code violations for petition fraud in the racketeering statute.
Walker sided with Simmons' argument that the racketeering law change was too vague.
Despite Walker rejecting most of the Medicaid expansion groups' asks, Mitch Emerson, a spokesperson for Florida Decides Healthcare, called the ruling a 'major victory.'
'While the Court did not grant every part of our motion for preliminary relief, this is far from the final word,' Emerson said in a statement. 'This ruling was an early, extraordinary step in the legal process—and we are optimistic about what comes next, both for the remaining parts of HB 1205 that we're challenging and for the future of citizen-led democracy in Florida.'
Groups have for years used Florida's ballot initiative process as a way to pass changes to the state constitution that lawmakers have refused to put forward. Through petition collection, groups have gotten voters to approve things like medical marijuana, felon voter restoration and a $15 minimum wage.
Last year, DeSantis used the power of his administration to successfully oppose two amendments put on the ballot through the petition process: the recreational pot amendment and one that would have protected abortion access.
Months after both those measures failed, DeSantis' office suggested a draft bill that would have made petition collection virtually impossible.
During the injunction hearing in May, Glenn Burhans, an attorney for Smart & Safe Florida — which sponsored a failed 2024 ballot initiative to legalize recreational marijuana and is hoping to get a similar amendment on 2026 ballots — said that he thought lawmakers passed the petition change bill because the marijuana measure 'is very popular.'
The challenge to the new law is ongoing, and the amendment groups are seeking to block other provisions of the law in another request for a temporary injunction.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
Ex-Trump lawyer Emil Bove confirmed to federal appeals court by US Senate
The Senate on Tuesday confirmed Emil Bove, a top justice department official and former defense attorney for Donald Trump, to a lifetime seat on a federal appeals court, despite claims by whistleblowers that he advocated for ignoring court orders. The vote broke nearly along party lines, with 50 Republican senators voting for his confirmation to a seat on the third circuit court of appeals overseeing New Jersey, Pennsylvania, Delaware and the US Virgin Islands. All Democrats opposed his nomination along with Republican senators Susan Collins and Lisa Murkowski. Tennessee senator Bill Hagerty missed the vote. Bove's nomination for the lifetime position has faced strident opposition from Democrats, after Erez Reuveni, a former justice department official who was fired from his post, alleged that during his time at the justice department, Bove told lawyers that they 'would need to consider telling the courts 'fuck you' and ignore any such court order' blocking efforts to remove immigrants to El Salvador. In testimony before the committee last month, Bove denied the accusation, and Reuveni later provided text messages that supported his claim. Related: Emil Bove takes leading role in implementing Trump takeover of DoJ Last week, another former justice department lawyer provided evidence to its inspector general corroborating Reuveni's claim, according to Whistleblower Aid, a non-profit representing the person, who opted to remain anonymous. On Tuesday, the Washington Post reported that a third whistleblower alleged Bove misled Congress about his role in the dropping of corruption charges against New York City mayor Eric Adams. Seven veteran prosecutors resigned rather than follow orders to end the prosecution, which Democrats allege was done to secure Adams's cooperation with Trump's immigration policies. 'Like other individuals President Trump has installed in the highest positions of our government during his second term, Mr Bove's primary qualification appears to be his blind loyalty to this president,' Dick Durbin, the top Democrat on the Senate judiciary committee, said in a speech before the vote. The senator said he was trying to get a copy of the complaint made by the anonymous whistleblower who corroborates Reuveni's allegations, and accused the GOP of pushing Bove's nomination forward without fully investigating his conduct. 'It appears my Republican colleagues fear the answers. That is the only reason I can see for their insistence on forcing this nomination through at breakneck speed before all the facts are public,' Durbin said. In addition to the whistleblower complaint, Democrats have criticized Bove for his role, while serving as acting justice department deputy attorney general, in the firings of prosecutors who worked on cases connected to the January 6 insurrection, as well as for requesting a list of FBI agents who investigated the attack. During his June confirmation hearing, Bove denied suggesting justice department lawyers defy court orders, or that political considerations played a role in dropping the charges against Adams. 'I am not anybody's henchman,' he told the committee. Democrats walked out of the committee earlier this month when its Republican majority voted to advance his nomination, despite their pleas that the whistleblower complaints be further explored.
Yahoo
2 hours ago
- Yahoo
Low-wage workers reeling over Trump's looming Snap cuts as food prices rise
Poverty and hunger will rise as a result of the Trump administration's unprecedented cuts to the US federal 'food stamps' program, according to experts. Low-income workers who rely on the aid are braced for dire consequences. Katie Giede, a single mother and waitress in Conyers, Georgia, is one of the 42 million Americans who use the supplemental nutrition assistance program (Snap). Even with the maximum benefit permitted, she struggles to afford food for her and her child. She makes $3 an hour plus tips at the fast-food chain Waffle House, where she has worked for 11 years. The company deducts meals from workers' pay check per shift, regardless of whether they eat one or not. 'Our pay is already so little that we're struggling with everything,' Giede told the Guardian. 'Single mothers like myself are reliant upon the benefits like Snap and Medicaid. So when you go and you cut that as well, now you have mothers out here that are not only worried at night because they already can't afford housing or a vehicle, but we're also worried what is our kid is going to eat? Because we no longer have help.' Giede said she received $450 a month for her and her child. She said working too many hours or receiving too much income was a constant concern, due to eligibility cut-offs. According to an analysis by the Urban Institute, at the end of 2024, even the maximum Snap benefit would not cover the cost of a modestly priced meal in 99% of all counties in the US. 'I dread that trip to the grocery store every week, because you have to sit down and you really have to budget,' said Giede. 'Every time you go, you're having to make the choice between something that's healthy or something that's cheaper, just so you can get enough to last all week. 'There are so many people in this country that rely on these benefits, and with these cuts, half of the people that are surviving right now off of this are going to lose their benefits. That's not even just people not eating a little bit. They're already not eating enough, so we're going to lose lives over this. It's those of us at the bottom that are really feeling it.' Waffle House did not respond to multiple requests for comment. *** Trump's 'big, beautiful bill' set the stage for significant cuts to Snap by shifting higher administrative costs to each state, expanding work reporting requirements and imposing restrictions on non-citizen eligibility. Many lower-wage workers have grown more reliant on Snap in recent years. US food prices rose by 23.6% between 2020 and 2024, according to official data. While inflation has since moderated, grocery costs remain high. Related: 'It's been a lifesaver': millions risk going hungry as Republicans propose slashing food stamps As a result of the latest Snap changes, states will be responsible for 75% of administrative costs of handling the program from 2027, up from 50% cost-sharing with the federal government, which is likely to strain state budgets. From 2028, for the first time states will be forced to pick up some of the multibillion-dollar bill for Snap benefits. The state of New York, for example, faces a budget impact of about $1.2bn, according to the Food Research and Action Center (Frac), a non-profit advocacy group. While such shifting costs have raised fears that states will cut back Snap support, expanded work requirements have sparked concern that few people will be eligible. Analysis by the Urban Institute found about 22.3 million US families are set to lose some or all of their Snap benefits. 'This is a very targeted, well-thought-out plan of dismantling the Snap program that federal policy makers won't take responsibility for, because it is the states, it is the governors who will have to cut resources for Snap, who will have to cut the program in order to say we can't operate this because of what's happening at the federal level,' said Gina Plata-Nino, Snap deputy director at the Frac. 'Snap is a very important ecosystem at the local level, at the state level and the federal level, because billions of dollars go into states, and this federal money supports local economies,' she added. 'All of these proposals threaten this very delicate balance.' The White House deferred comment to the office of management and budget, which did not respond to multiple requests for comment. States across the US are braced for stark consequences. 'We're going to have worse hunger and ultimately, worse poverty,' said Seth DiStefano, policy outreach director at the West Virginia Center on Budget and Policy. 'There are entire regions of West Virginia where there aren't 20 hours a week [expanded Snap work requirement] of anything to apply for. What do you tell those families? 'We're talking families with kids now that are going to be subjected to these harsh work reporting requirements. We're talking folks in their 60s, literally in communities where there are no jobs, none, and ripping away the one outlet to their basic needs that's available to them.' Among the employers with the most workers reliant on Snap is Walmart, the largest private employer in the US, as much of its workforce receives only part-time hours. Christina Gahagan, 66, has worked at Walmart for a decade in western New York at several stores. She is currently based at a store in Geneseo, New York. 'I would say at least 50% of the people in my store rely on food stamps to make ends meet for their families,' said Gahagan. 'They're always trying to figure out where the best deals are, coupon clipping at lunch and reading circulars to see who's got the best deal on whatever, just to make their money stretch.' She has cut down on costly grocery items, eating cheaper junk food to get by. 'I was paying $9 a pound for roast beef. Today it's almost $13 a pound. So I'm not buying full pounds any more. I'm just buying a half a pound and making it work and just eating crap in between, like buying myself some chips out of the vending machine or something,' Gahagan said. 'Walmart is the largest employer in the US. We rival Amazon almost dollar for dollar in what we do. You would think a company like that could shell out a little bit more money per hour for associates in the store across the board, so that there aren't people who are having to depend so heavily on public assistance.' Walmart did not respond to multiple requests for comment. Solve the daily Crossword
Yahoo
2 hours ago
- Yahoo
Trump news at a glance: inquiry launched into Trump prosecutor as backlash grows over firing of statistics chief
The US office of special counsel, an independent federal agency, confirmed to NBC News that it is investigating former Department of Justice prosecutor Jack Smith for possible violations of the Hatch Act. Smith led investigations into Donald Trump's part in the 6 January US Capitol riot and alleged mishandling of classified documents. It comes as senior Republican lawmakers condemn the decision of their party leader, Trump, to fire the leading US labor market statistician after a report that showed the national economy added just 73,000 jobs – far fewer than expected – in July. Trump claimed, without evidence, that the numbers were 'RIGGED in order to make the Republicans, and ME, look bad' and the US economy was, in fact, 'BOOMING' on his watch. Here are the key US politics stories of the day: Inquiry into ex-special counsel Jack Smith over Trump investigations The confirmation of an investigation into Jack Smith comes after Arkansas senator Tom Cotton, a Republican, requested last week that Smith be investigated for 'unprecedented interference in the 2024 election'. The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees. Trump, along with other prominent Republican lawmakers, have argued that Smith's investigations into Trump amounted to illegal political activity. Smith ultimately brought two criminal indictments against Trump in 2023 but resigned in January this year before either came to trial. Read the full story Republicans slam Trump's firing of Bureau of Labor Statistics chief The firing of Erika McEntarfer, who had been confirmed to her role in January 2024 during Joe Biden's presidency, has alarmed members of Trump's own party. 'If the president is firing the statistician because he doesn't like the numbers but they are accurate, then that's a problem,' said Wyoming Republican senator Cynthia Lummis. 'It's not the statistician's fault if the numbers are accurate and that they're not what the president had hoped for.' Kentucky senator Rand Paul, another Republican, questioned whether McEntarfer's firing was an effective way of improving the numbers. Read the full story Trump says Sean 'Diddy' Combs's past comments make pardoning him 'more difficult' Donald Trump says he considers Sean ''Diddy' Combs 'sort of half-innocent' despite his criminal conviction in federal court in July – but the president called pardoning the music mogul 'more difficult' because of past criticism. 'When I ran for office, he was very hostile,' Trump said of the Bad Boy Records founder. 'It's hard, you know? We're human beings. And we don't like to have things cloud our judgment, right? But when you knew someone and you were fine, and then you run for office, and he made some terrible statements.' Combs was found guilty on 2 July of two counts of transportation to engage in prostitution, with each leaving him facing up to 10 years in prison – but he was acquitted of more serious sex-trafficking and racketeering conspiracy charges. Read the full story Analysis: Durham disclosures further undermine Gabbard's claims of plot against Trump Tulsi Gabbard, the director of US national intelligence, hoped to uncover evidence that Barack Obama and his national security team conspired to undermine Donald Trump in a slow-motion coup. But a previously classified annexe to a report by another special counsel, John Durham – appointed towards the end of Trump's first presidency – has further undermined Gabbard's case. It confirms that Russian spies were behind the emails that were originally released as the result of a Russian cyber-hack of internal Democratic information channels and which Trump supporters believed showed the campaign of Hillary Clinton, his 2016 opponent, conspiring to accuse him of colluding with Moscow. Read the full story What else happened today: The Trump administration totalling more than $4.4bn between January and the end of July, according to Grant Witness data. NIH followed guidance from the so-called 'department of government efficiency' (Doge) and Trump's executive orders to cut costs. According to Donald Trump's White House, the US economy is booming, inflation is dead and jobs are surging. A blizzard of economic reports has cast a pall on such claims in recent days. Catching up? Here's what happened 1 August 2025.
