TALLAHASSEE, Fla. — A new Florida law imposing tougher restrictions on citizen-led ballot initiatives is now the subject of a federal lawsuit. The group Florida Decides Healthcare, which is seeking to expand Medicaid through a 2026 constitutional amendment, filed the challenge Sunday in Florida’s Northern District, arguing the legislation is unconstitutional.
It was during the 2024 election, state officials raised alarms over alleged widespread signature fraud, particularly tied to petitions supporting expanded abortion access. Lawmakers responded by passing HB 1205 last week, claiming the changes would secure the amendment process. Critics, however, say the law goes too far.
WATCH: Florida’s new ballot initiative law faces legal challenge from Medicaid expansion group
Getting a citizen-led amendment on the ballot in Florida has long been difficult, but the new law, some argue, makes it virtually impossible.
“These new rules are designed to make it nearly impossible for everyday people to have a voice in the laws that shape their lives, and to make sure that only the wealthy and politically connected have the means to get on the ballot,” said Mitch Emerson, executive director of Florida Decides Healthcare.
The group’s lawsuit argues that HB 1205 is overly vague and restricts political speech, violating First Amendment rights.
“Circulation of petitions is core political speech protected by the First Amendment,” said Matletha Bennette, an attorney with the Southern Poverty Law Center.
Specifically, HB 1205 includes several significant changes:
- It reduces the time allowed to turn in signed petitions from 30 days to just 10.
- Petition circulators must register, be U.S. citizens and Florida residents, and have no felony convictions.
- Signers must now include personal information like a driver’s license number or part of their Social Security number.
Prior to voting the legislation into law, the bill sponsor acknowledged last week it wasn’t exactly what either chamber wanted. Sen. Don Gaetz (R-Pensacola), however, insisted it was necessary to restore trust in Florida’s amendment process.
"There's not everything in the bill that the House wants. And I know that the governor would like some things in the bill that aren't there now, but at this point, you know, it's the last train leaving Paris you can get on, or you can stay, you know, and that's where we are," said Gaetz.
Governor Ron DeSantis (R-FL) spearheaded and supported tightening petition rules before the legislative session began, citing fraud concerns.
"I think part of the reason we're at this juncture is because the citizen initiative has really been transformed into a special interest initiative,” DeSantis said in January.
The governor’s office has since reacted to news of the lawsuit with sarcasm. His Chief of Staff, Jason Weida, posted this GIF on X (formerly Twitter) in response to the legal challenge. Meanwhile, Florida GOP Chair Evan Power dismissed the lawsuit altogether.
“These lawsuits are nothing more than political actions from groups that can’t win in the legislature, so they’re trying to buy their way onto the ballot,” Power said. “Florida’s Constitution is not for sale.”
The case will be heard by U.S. District Judge Mark Walker, an Obama appointee known for previously striking down DeSantis-backed laws—though some rulings were later reversed. Plaintiffs are asking for swift action, citing a February deadline to collect nearly one million valid signatures to qualify their amendment for the 2026 ballot.
"There are no safeguards, and I feel like that's part of where the system failed"
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