Federal Judge Upholds Most Florida Ballot Initiative Restrictions

A federal judge in Florida largely upheld the state’s new law, HB 1205, which tightens regulations on the ballot initiative process, including requiring petition circulators to be U.S. citizens and Florida residents and mandating petitions be submitted within 10 days. The law, supported by Gov. Ron DeSantis and Republican lawmakers as a fraud-prevention measure, was challenged by groups such as Florida Decides Healthcare and Smart & Safe Florida, who argued it infringes on First Amendment rights and hampers efforts to get initiatives on the 2026 ballot. Judge Mark Walker struck down one provision that expanded the definition of racketeering to include election code violations related to petition activities, citing vagueness that could chill grassroots participation. However, he rejected requests to block the stricter deadlines, increased fines, and criminal penalties for tampering with completed petitions, finding these provisions made the petition process more costly and less efficient but did not severely burden free speech. Despite acknowledging that the law has slowed petition efforts and discouraged volunteers, Walker emphasized that the constitutional initiative process need not be the most user-friendly. Plaintiffs view the partial victory on the racketeering provision as an important protection for democratic engagement, while supporters maintain the law enhances election integrity by preventing fraud and ensuring valid petition signatures.