Judge Partially Blocks Law that ‘Imposes Severe Burden’ on Florida’s Ballot-Initiative Process
LEON COUNTY, FLORIDA, JUL 9 – U.S. District Judge Mark Walker ruled that the Florida law’s ban on nonresident petition circulators violates First Amendment rights and imposes an unjustified burden on political expression.
- U.S. District Judge Mark Walker issued a preliminary injunction on July 1 blocking enforcement of Florida's law that restricts noncitizens and nonresidents from collecting petition signatures for 2026 ballot initiatives.
- The law HB 1205, enacted by the Florida Legislature under Republican leadership and signed by Governor Ron DeSantis, introduced disputed restrictions along with a 90-day pause starting July 1 on election officials processing petitions.
- Judge Walker determined that prohibiting non-Florida residents from collecting petition signatures places a significant restriction on political speech and found that the petition organizers have a strong chance of prevailing on their constitutional free speech challenges.
- Smart & Safe Florida submitted about 613,000 valid signatures for a recreational marijuana amendment and Florida Decides Healthcare submitted roughly 62,000 for Medicaid expansion, with both efforts allowed to continue.
- The injunction allows these initiatives to proceed toward the 2026 ballot while other parts of the law, like the registration requirement for collectors gathering more than 25 petitions, remain in effect.
12 Articles
12 Articles
Former AG sides with those suing over new initiative petition law
Robert Henry, also a former U.S. appellate judge, filed a friend of the court brief over Senate Bill 1027, which sets new limits on the influence of Tulsa and Oklahoma City voters in the initiative petition process.
Judge partially blocks law that ‘imposes severe burden’ on Florida’s ballot-initiative process
A federal judge has blocked a key part of a new law that imposed additional restrictions on the state’s ballot-initiative process, saying a ban on non-Florida residents and non-U.S. citizens collecting and delivering petitions “imposes a severe burden on political expression that the state has failed to justify.”
Federal judge blocks part of Florida law that restricts ballot initiatives
TALLAHASSEE — A federal judge has blocked a key part of a new law that imposed additional restrictions on the state’s ballot-initiative process, saying a ban on non-Florida residents and non-U.S. citizens collecting and delivering petitions “imposes a severe burden on political expression that the state has failed to justify.” U.S. District Judge Mark Walker’s ruling Tuesday, however, allowed several other parts of the law to remain in effect, i…


Federal judge issues mixed ruling on Florida’s new ballot initiative law
Florida Decides Healthcare Executive Director Mitch Emerson talks to reporters in Tallahassee outside the federal courthouse May 22, 2025. (Photo by Christine Sexton/Florida Phoenix)A federal judge late Tuesday night blocked parts of Florida’s sweeping new crackdown on ballot initiatives but refused to stop provisions that could hamstring efforts to ask voters next year to expand Medicaid. This marks the second time that U.S. District Judge Mark…
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