Gov. Desantis Places Nation’s Most Severe Restrictions on Florida Ballot Measure Process
New bill cuts voters out of constitutional amendment process, granting unprecedented power to state legislators and corporate interests
Tallahassee – In a blow to direct democracy, Florida Governor Ron DeSantis signed a bill Friday placing an unprecedented level of restrictions on the ballot measure process and rendering it nearly impossible for citizens to use. National ballot measure experts sounded the alarm on House Bill 1205 and warned that the people of Florida would not stand idly by as they are stripped of their rights.
HB 1205 severely limits citizens’ ability to collect the signatures necessary to place a measure on the ballot. Anyone who possesses more than 25 signatures beyond those belonging to themselves and their immediate family would be subject to criminal penalties, which could result in the loss of voting rights and up to five years in prison.
“Floridians have a constitutional right to change policy themselves. State legislators have now effectively silenced their constituents, all in order to maintain their chokehold on policy making,” said Kelly Hall, Executive Director of the Fairness Project, who backed the 2024 reproductive rights ballot measure that sought to pass Amendment 4 in Florida.
The draconian new bill contains numerous provisions to make launching ballot measure campaigns far more difficult and imposes severe penalties for mistakes. It shortens from 30 days to 10 the amount of time organizers have to submit signed petitions, with fines of as much as $2,500 for late submissions. If a volunteer or staffer is found to have previously been convicted of a felony, the sponsor of a constitutional amendment could face a $50,000 fine. Aside from penalties, prohibitive costs imposed on sponsors include the requirement of a $1 million bond once 25% of the threshold amount of signatures has been met to place a measure on the ballot, making it nearly impossible for everyday Floridians to work together to bring anything to the ballot.
“It’s the ultimate cowardly act – for politicians to enact minority rule when they know their policies don’t align with the will of the majority,” Hall continued. “Sadly, this is nothing new for DeSantis, who used extraordinarily undemocratic means to block the will of the people during the 2024 Election.”
Prior to the election, the state of Florida implemented a 60% threshold on ballot measures, which prevented the passage of Amendment 4, despite a majority of voters approving the measure to restore abortion access in the state. During the contention campaign cycle, the DeSantis administration used millions in taxpayer funds to run a campaign against Amendment 4 through one of the state’s public health agencies.
The Fairness Project has been calling attention to widespread attacks on the ballot measure process. Since the start of this year, legislators in over 15 states have put forth more than 100 bills attempting to stop voters from having their voices heard at the ballot box. In six of those states, legislators have followed the Florida model by proposing legislation to raise the win threshold for ballot measures from a simple majority to 60%, effectively enacting minority rule.
Voters in Florida and across the country have pushed back against legislators’ attempts to silence their voices at the ballot box. In fact, Florida Decides Healthcare, the coalition working on the ground to expand medicaid access in Florida, filed a complaint against the state contesting the legality of several provisions of the legislation.
“The people of Florida, no matter their political party, don’t want the government to take away their decision-making rights and won’t stand for this shameful power grab,” Hall concluded.