TALLAHASSEE, Fla — A federal judge is now considering whether to block a new Florida law that critics say drastically restricts citizens' ability to place constitutional amendments on the state ballot.
At the center of the legal fight is House Bill 1205, a measure backed by Governor Ron DeSantis and Republican lawmakers that raises the bar for citizen-led ballot initiatives. The law shortens the time allowed to submit petition signatures from 30 days to 10, introduces new criminal penalties for petition gatherers, and tightens rules that advocacy groups say are already limiting participation.
Watch full report from Forrest Saunders
Opponents, including Florida Decides Healthcare, which is campaigning to expand Medicaid, filed suit in federal court and asked for a preliminary injunction during a Thursday hearing. They argue that HB 1205 violates the First and Fourteenth Amendments by chilling political speech and burdening the democratic process.
“This isn't just about one campaign,” said Mitch Emerson, executive director of Florida Decides Healthcare. “It's about protecting every Floridian’s right to have a voice in our democracy.”
Judge Mark Walker, an appointee of President Obama, is now tasked with determining whether the law unfairly shifts the goalposts for those trying to access direct democracy.
"Imagine you're in the first quarter of a football game, and then they change the rules,” said Ben Stafford, an attorney with Elias Law Group representing the plaintiffs.
The lawsuit comes amid broader concerns over election integrity voiced by state Republicans. Citing a 2024 state report that flagged over 100 petition gatherers for alleged misconduct, Governor DeSantis argued earlier this year that the petition system had become a “cottage industry” rife with fraud.
“It’s gotta stop,” DeSantis said during a January press event. “People are getting paid to generate petitions, so they can sign names and then get more money.”
Representative Jenna Persons-Mulicka (R-Fort Myers), a sponsor of the legislation, defended the bill in March as a necessary safeguard.
“The initiative petition process is broken, and we need to put in safeguards to protect the citizens of the state of Florida from the known fraud that we know is occurring,” she said.
But petition groups say the law’s effects have already been severe. Florida Decides Healthcare claims circulation has dropped 88% since the law took effect, and Smart and Safe Florida, a group pushing for marijuana legalization, says costs have surged 370% while signature gathering has plummeted from 78,000 a week to 12,000.
Supporters of the law maintain it is both legal and justified. Attorneys for the Secretary of State declined comment after the hearing but argued in court that HB 1205 is a lawful effort to ensure election security. Florida GOP Chair Evan Power took to social media, dismissing the lawsuit as an attack by “out-of-state dark money groups trying to thwart the will of Floridians.”
Judge Walker gave no timeline for his ruling, stating only, “I’ll do my best to get an order out as quickly as I can. Please be patient."
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