TALLAHASSEE, Fla. (AP) 鈥� Every day that a new Florida law remains on the books restricting the state鈥檚 process to get , the First Amendment rights of campaigners are being infringed upon, their attorneys argued in court Thursday.
The lawyers claim the measure signed into law by Republican Gov. Ron DeSantis this month has already dealt significant blows to campaigns to expand Medicaid and legalize recreational marijuana in the state. Organizers for the measures are urging a judge to block portions of the law from being enforced while plays out in court.
Both campaigns are gathering signatures in the hopes of getting their initiatives on the 2026 ballot, a prospect they say could be effectively impossible under the new law, which creates criminal penalties for campaigners who don't comply with its stricter requirements.
Nick Steiner, an attorney for the Southern Poverty Law Center who's representing the Medicaid expansion group Florida Decides Healthcare, said the law creates an 鈥渋nsurmountable barrier鈥� for the campaign.
鈥淭he harm is compounding every day,鈥� Steiner added.
Under the new law, campaigns have 10 days instead of the previous 30 to return signed petition forms to local elections officials. They face stiffer fines if they don鈥檛 return the petitions on time, or send them to the wrong county. And volunteers could be charged with a felony if they collect more than 25 signed ballot petitions, other than their own or those of immediate family members, and don鈥檛 register with the state as a petition circulator.
Lawmakers argue that the new restrictions are needed to reform a process they claim has been tainted by fraud. The Republican-controlled Legislature pushed the changes months after a majority of Florida voters supported to protect abortion rights and legalize recreational marijuana, though of the 60% needed to pass.
The new law is designed to 鈥渦ndercut the success鈥� of the previous ballot measures, argued attorney Glenn Burhans, who's representing the recreational marijuana campaign group Smart & Safe Florida.
Mohammad Jazil, an attorney representing Secretary of State Cord Byrd, defended the law, saying 鈥渢hese aren't draconian fines and penalties that are going to lead to ruin." Still, he acknowledged the seriousness of Floridians risking felony charges 鈥� and their right to vote 鈥� if they run afoul of the law while working for a political campaign, saying 鈥済etting arrested is a big deal.鈥�
Since the first aspects of the law took effect May 2, the campaigns say they've seen their volunteer forces shrink and the number of weekly signatures they collect plummet.
At times, U.S. District Judge Mark Walker appeared amenable to the campaigns' arguments. Walker is known for his colorful commentary in court 鈥� and has been of DeSantis' policies.
Prompted by Jazil's defense of the Legislature's 鈥渟ausage making," Walker continued with an extended metaphor about what lawmakers have been cooking up 鈥� and whether it's legally palatable.
鈥淪ometimes the sausage isn't real tasty,鈥� said Walker. Sometimes, he said, it's 鈥渘asty.鈥�
The question for the court to decide, Jazil replied, isn't whether the sausage tastes good, but whether it's edible.
鈥淵our honor, the sausage is not only bad, it's rancid and filled with maggots," Burhans countered. 鈥淎nd it should be enjoined.鈥�
Walker declined to rule from the bench Thursday, saying he'll draft his ruling as soon as he can.
___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Kate Payne, The Associated Press
