Judge Refuses to Block Petition Gathering Law
The plaintiffs "are serial litigants who file these lawsuits all around the country," Holland & Knight's William Shepherd told the judge.
October 21, 2022 at 10:25 AM
5 minute read
Election and Political Law
A federal judge on Thursday refused to issue a preliminary injunction to block a 2019 law that bans workers gathering petitions for ballot initiatives from being paid based on the number of signatures they collect, saying plaintiffs waited too long to ask for the law to be put on hold.
The law, passed by the Republican-dominated Legislature and signed by Gov. Ron DeSantis, made it a crime to continue a longstanding practice of paying petition gatherers based on the number of signatures they collect. Experts have said the changes doubled the cost of getting initiatives on the ballot.
The law also requires petition forms to include information identifying petition gatherers, who are required to register with the state.
Plaintiffs in the lawsuit, including the Florida Right to Pray Together committee, allege, in part, that the law is unconstitutional because the compensation restriction and personal identification requirements only apply to paid circulators working on ballot initiatives and are not imposed on workers who gather signatures for political candidates to qualify for elections.
The plaintiffs filed the lawsuit in January and in August filed a motion seeking a preliminary injunction to block the compensation restrictions.
But after hearing arguments Thursday, U.S. District Judge Robert Hinkle said the plaintiffs failed to demonstrate "urgency" required to block the law.
The Florida Right to Pray Together committee is backing a proposed constitutional amendment that would prohibit government officials from shutting down or limiting gatherings in churches and other houses of worship for longer than 21 days without approval from the Legislature. The proposal was filed with the Florida Department of State last year.
Other plaintiffs include Virginia-based Citizens in Charge. In the lawsuit, Citizens in Charge said it intends to sponsor a proposed constitutional amendment for the 2024 ballot that would allow voters to change Florida statutes through ballot initiatives. Such a proposal, however, has not been released.
Pointing to an 11th U.S. Circuit Court of Appeals ruling in a case known as Wreal v. Amazon, Hinkle said the appeals court found that a "failure to act with urgency … undermines a finding of irreparable harm."
Hinkle also noted the plaintiffs haven't collected any signatures for the initiatives.
"Here it's not just a question of how long it's been since the lawsuit was filed. These plaintiffs haven't made much progress on these proposed initiatives. They haven't acted with much urgency," the judge said.
Earlier, Hinkle pressed Paul Rossi, a lawyer for the plaintiffs, on the delay in filing the motion for a preliminary injunction.
Rossi said plaintiffs waited to gather more data before seeking the injunction.
"We wanted to have a fulsome record," Rossi said.
The ban on per-signature payments is among a series of efforts by Republican legislators in recent years aimed at making it harder to place initiatives on the ballot. When crafting the restriction in 2019, supporters said the compensation changes were necessary to reduce fraud in ballot-initiative campaigns.
But Rossi argued Thursday that the payment restriction will prevent experienced signature gatherers, who travel throughout the country working on campaigns, from wanting to work in Florida. Those professional workers are less likely to commit fraud because they would get blacklisted in the industry, he said.
Paying by the signature also allows initiative backers to tell donors how much money they think they will need to get a proposal on the ballot, the lawyer said.
"There's no evidence that per-signature" payment increases fraud and that hourly payment "is a bulwark against fraud," he told the judge.
Rossi also argued that the pool of workers willing to collect signatures based on an hourly wage is limited. He said only a single company — Advanced Micro Targeting — pays petition gatherers by the hour instead of per signature.
But William Shepherd, who represents the Standing Up for Florida, Inc., committee, defended the law. The Standing Up for Florida committee, funded by the Seminole Tribe of Florida, in 2020 fought against a ballot initiative that would have opened the door to casinos in North Florida. The proposal did not make the ballot.
Shepherd said several petition-gathering companies pay their workers by the hour. The companies also provide benefits and bonuses to workers, Shepherd said.
Florida Right to Pray Together organizers have "made zero effort to engage volunteers" in the faith community to circulate petitions, Shepherd said. Citizens in Charge "doesn't even have language" for a proposal, he argued.
The plaintiffs "are serial litigants who file these lawsuits all around the country," Shepherd told the judge.
Throughout Thursday's two-hour hearing, Hinkle repeatedly suggested that the best way to "eliminate the incentive for fraud" would be to pay workers only for valid signatures.
"If there was a system where a collector only gets paid for a valid, honest signature … that would probably be the safest way to reduce fraud," he said.
But Karen Brodeen, an assistant attorney general representing the state, said fraud sometimes isn't identified. For example, she said, Hinkle's suggestion wouldn't stop some signature-gatherers who trick people into signing multiple petitions at the same time.
Rossi, however, argued that the per-signature ban wouldn't stop what he called the petition "stacking" issue. He said prosecuting signature gatherers who break the law would be a better way of addressing fraud.
Speaking to The News Service of Florida after the hearing, Rossi said Hinkle's ruling will keep his clients' proposals from making it onto the 2024 ballot.
Florida lawmakers want to make it harder to place initiatives on the ballot because the initiative process "takes power away from them," Rossi said.
"The Legislature knew darn well that this would stop the initiative process in Florida. It has nothing to do with fraud. Everybody knows that," he added.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Lawyers Fan Out for Election Day Volunteering in Call Centers and Litigation
7 minute readFlorida-Based Big Law Donations to Harris Eclipse Trump's Haul in Key Pre-Election Stretch
7 minute readTrending Stories
- 1How to Support Law Firm Profitability: Train Partners Up
- 2Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 3Trump’s Plan to Purge Democracy
- 4Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 5X Joins Legal Attack on California's New Deepfakes Law
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250