Supporters of a recreational marijuana ballot proposal in Florida are racing against a February 1, 2024, deadline as legal disputes escalate surrounding the validation of petition signatures. The political committee Smart & Safe Florida has filed a lawsuit against the state’s Secretary of State, Cord Byrd, alleging that his office has not fulfilled its legal obligation to provide regular updates on the number of valid petition signatures. This information is crucial for the committee to meet the requirement of at least 880,062 valid signatures needed for placement on the November ballot.
The lawsuit, submitted in Leon County circuit court, highlights that the number of valid signatures displayed on the state’s website has remained unchanged at 675,307 since November 23, 2023. Smart & Safe Florida claims to have submitted over 1 million signatures and believes that more than 700,000 have been verified by county elections supervisors. The committee asserts that without timely updates, it lacks critical information to effectively manage its campaign.
Legal and Administrative Challenges
According to Florida law, state elections officials are required to post updated numbers of valid signatures weekly, starting from December 1. Smart & Safe Florida argues that the failure to comply with this requirement significantly hampers its ability to plan for the upcoming ballot initiative. In the lawsuit, the lawyers emphasize that “the mandatory public-notice requirement is crucial for a citizen initiative sponsor” managing a statewide campaign.
As the deadline approaches, Circuit Judge Jonathan Sjostrom has expedited the case, requesting additional legal briefs by the end of the week. This legal battle coincides with ongoing disputes regarding the state’s efforts to invalidate certain petition signatures. On the same day, Judge Sjostrom ruled that state officials improperly directed the invalidation of approximately 42,000 signatures from inactive voters while upholding a directive to invalidate nearly 29,000 signatures gathered by out-of-state petitioners.
The legal complexities have led to confusion among elections supervisors, who are tasked with processing the signatures. David Ramba, executive director of the Florida Supervisors of Elections association, expressed frustration, noting that “we’re literally going through boxes of the same petitions over and over again.” He indicated that the constant changes in directives from Byrd’s office complicate the situation further.
Fraud Investigations and Political Implications
Compounding the challenges faced by Smart & Safe Florida, James Uthmeier, Attorney General and former chief of staff to Governor Ron DeSantis, announced a significant escalation in investigations into potential fraud associated with the signature-gathering process. Uthmeier’s office has initiated 46 new criminal investigations and issued subpoenas for records from Smart & Safe Florida and its contractors, focusing on 14,500 petitions that raised concerns. This includes 7,100 petitions already validated by county elections supervisors.
Uthmeier’s office has previously arrested or issued warrants for nine petition circulators involved in the initiative, with expectations of further arrests. The investigations aim to assess whether there is broader organizational misconduct beyond individual circulators. Smart & Safe Florida has stated that it adheres to state law by reporting any discrepancies in petitions and flagging them before submission to county supervisors.
As the litigation unfolds, Uthmeier’s office is also urging the Florida Supreme Court to determine whether the proposed constitutional amendment meets the necessary requirements for inclusion on the November ballot. The court is scheduled to hear arguments regarding this matter on February 5, 2024.
The outcome of these legal battles and the ability of Smart & Safe Florida to meet the signature requirements will significantly impact the future of recreational marijuana legislation in Florida. With the deadline fast approaching, the political landscape remains charged as both sides prepare for a pivotal moment in the state’s legislative history.
