Lawmakers Target Constitutional Ballot Petition Gathering
The proposal also would require ballot measures to name initiatives' sponsors and the percentages of contributions obtained from Floridians.
April 10, 2019 at 12:15 PM
4 minute read
A requirement for constitutional amendment petition-gatherers to be Florida residents and registered with the state advanced in the Senate, despite accusations that the proposal is intended to prevent popular citizens' initiatives from reaching the ballot.
The proposal (SB 7096), which also would require ballot measures to name initiatives' sponsors and the percentages of contributions obtained from Floridians, was approved in a 5-3 party-line vote by the Republican-controlled Senate Transportation, Tourism and Economic Development Appropriations Subcommittee.
Bill sponsor Sen. David Simmons, R-Altamonte Springs, said the proposal aims to ensure that the ballot-initiative process remains a right of Floridians “as it was intended to be.”
Simmons said there have been “multiple problems” with the initiative process, noting forged signatures in a 2004 initiative involving slot machines.
But in opposing the bill, Sen. Perry Thurston, D-Fort Lauderdale, said the reason for citizens' initiatives is that leaders of the Republican-dominated Legislature refuse to let proposals be heard in House and Senate committees.
“This [the proposal to change the initiative process] is going to apply to minimum wage, to Medicaid expansion, open primary, any efforts to deregulate utilities, all will be thwarted by this legislation,” he said, referring to some potential issues that could go on the 2020 ballot.
The bill, which must still clear the Senate Appropriations Committee, would require that anyone being paid to gather signatures register with the Department of State and attest they have been Florida residents for at least the preceding 29 days.
Petition-gathering groups would be prohibited from making payments based on the number of signatures gathered.
Simmons said he'd be willing to amend the proposal so that the requirement to list initiative sponsors and contribution information would instead apply to listing information on petitions.
The overall proposal also would require the secretary of state to post on the Department of State's website anyone's position statements on initiatives, up to 50 words expressing support or opposition.
Simmons said he would agree to remove the requirements about posting online opinions if there are concerns about vulgar language being submitted.
On Tuesday, Simmons added a provision — over Democratic opposition — that petition-gatherers would have to declare that they have not been convicted of felonies involving fraud, dishonesty or deceit.
The proposal, which would impact ballot initiatives in 2020, comes after voters approved 11 constitutional amendments, including two citizen initiatives, in November.
Bill proponents claim special interest groups, and people recruited by special interest groups, have abused the process.
A similar measure in the House (HB 7111) has been approved by the House Judiciary Committee and would need to clear the State Affairs Committee before it could go to the full House.
Before Tuesday's Senate committee meeting, opponents of the proposal decried it as “the death of democracy.” It also comes as lawmakers move forward with separate measures that would require support from two-thirds of voters to pass constitutional amendments. Currently, constitutional amendments can pass with 60 percent of the vote.
Maria Garcia, of the advocacy organization Florida Strong, said during a press conference that successful initiatives in recent years about the restoration of felons' voting rights, legalizing medical marijuana, limiting school class sizes and setting aside money for land and water conservation would have failed under this year's legislative proposals.
“Florida ballot initiative process is already the most difficult in the nation, and politicians keep making it harder for citizens to have a voice,” Garcia said. “These anti-voter initiatives bills would make it impossible, whether it's requiring a two-thirds vote to approve a measure or setting up unconstitutional barriers to gathering required petitions for a measure to even appear on a ballot.”
Rich Templin, a lobbyist for the Florida AFL-CIO, said if anyone has an issue with the multiple amendments to the state Constitution, the anger should be directed at the Legislature, which since 1976 has been responsible for 116 of the 185 amendments that made the ballot. Citizens initiatives account for 38.
“They say they are protecting the Constitution. No, they're protecting the status quo,” Templin said. “They're protecting the process that happens inside this geographically, psychologically remote bubble, that most people can't access and that is dominated by wealthy, high-paid lobbyists wearing suits and shoes that most people in this state will never be able to afford.”
Jim Turner reports for the News Service of Florida.
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