Tallahassee, FL — Yesterday, the League of Women Voters of Florida (LWVFL) and the League of United Latin American Citizens (LULAC) filed a motion to intervene in a federal lawsuit to challenge Florida’s House Bill 1205, which erects major barriers to participating in the state’s ballot initiative process. LWVFL and LULAC, represented by Democracy Defenders Fund, argue that HB 1205 is unconstitutional because it violates the organizations’ and petition collectors' and circulators’ First, Fifth, and Fourteenth Amendment rights of speech, due process, and assembly — threatening the future of direct democracy in the state.
“Over the past few years, we’ve seen the state of Florida pull out all of the stops to effectively kill the citizen-led amendment process,” said Cecile Scoon, co-president of the League of Women Voters of Florida. “With the passage of HB 1205, they went even further. We need to call this law what it is: a direct attack on Floridians who simply want to have a say in the political process. The League will not stand for that, and we look forward to fighting in court for everyday citizens to protect their constitutional right to direct democracy through the citizen-led amendment process.
“The right to pursue citizen-led ballot initiatives is enshrined in the Florida state constitution,” said Debbie Chandler, co-president of the League of Women Voters of Florida. “This new law doesn’t just make it harder to utilize this constitutionally protected process, it makes it virtually impossible. It’s a shameful and illegal attack on Florida’s voters by legislators who are unwilling to listen to the voters.”
“The passage of HB 1205 is just the latest egregious attack on direct democracy that the League of Women Voters has been tracking across the country,” said Celina Stewart, CEO of the League of Women Voters of the US. " In a healthy democracy, voters can see widely supported ideas enacted into law; instead, we see politicians try to silence voters, entrench their own political power, and undermine direct democracy. The League is proud to stand with our Florida chapter in fighting back against this antidemocratic law in court.”
“Legislators are trying to silence the voices of Floridians, including those who have been historically excluded from the lawmaking process. These communities have historically relied on the ballot initiative process to be heard,” said Roman Palomares, national president of the League of United Latin American Citizens (LULAC). “By erecting barriers to signature gathering and threatening organizers with criminal penalties, HB 1205 undermines the right to speech and violates one of the last remaining tools communities have to hold the powerful accountable. We cannot let this stand."
“This law is a frontal assault on the First Amendment and the constitutional rights of Floridians, who are entitled to shape their own future through citizen-led ballot initiatives,” said Tianna Mays, legal director of the Democracy Defenders Fund. “The ability to speak, organize, and petition the government is foundational. HB 1205 opens a new front in the war on democracy, aimed squarely at silencing voters and shielding politicians from accountability. We’re proud to join the League of Women Voters and LULAC in fighting back in court."
Background: In Florida, ballot initiatives must achieve 60% support to be enacted into the state constitution. In 2024, four of the six amendments on the ballot, including a constitutional right to abortion and the legalization of recreational of marijuana, did not meet that threshold, though the state itself controversially expended resources in opposing those initiatives.
Among its provisions, HB 1205 would:
- Shorten the time-frame within which sponsors must return signed petitions to Supervisors of Elections from 30 days to 10 days
- Require petition circulators to re-register with the state and to be both US citizens and Florida residents
- Subject those who make a mistake to severe criminal penalties or fines
- Require voters to include their ID number (driver’s license, ID card, or SSN) when signing a petition
Read the League and LULAC’s complaint here.