Florida Ballot ‘Racketeering’ Felony Halted by Federal Court (1)

A new criminal penalty targeting Florida ballot measure groups has been blocked by a federal judge over concerns the law violates the US Constitution’s free speech protections.

The recently-enacted Florida HB 1205, which restricts ballot measure circulator eligibility and increases fines on ballot measure groups, includes a “vague” expansion of state felony racketeering crime sweeping in unknown aspects of ballot measure work, violating the First Amendment, US District Court for the Northern District of Florida Judge Mark E. Walker said in his opinion Wednesday.

“Given that the challenged provision regulates in the heartland of First Amendment freedoms—namely, core political speech involved in circulating issue petitions—'rigorous adherence’ to the dual due process concerns of fair notice to the public and clear standards for law enforcement ‘is necessary to ensure that ambiguity does not chill protected speech.’” Walker said.

The ruling comes in a case where major ballot groups—including those seeking to expand Medicaid, decriminalize recreational marijuana, and overhaul election rules—have joined together to attack a law championed by Gov. Ron DeSantis (R). Most of those claims, and most of those groups, failed to win over Walker in a 33-page opinion in which he denied preliminary relief to groups he said lacked standing.

The law prevents ballot measure signature gathering from non-citizens, residents of other states, and felons who have not have voting rights restored, and says can’t collect signatures until they go through a state-mandated training program. These aspects of the law weren’t blocked.

The law raises fines for ballot groups for violations, including a $50,000 per-person fine for each person that collects petition forms in violation of the law. Fines for delayed delivery of petitions are increased 1,000%, up to $2,500 for a petition form that is “willfully” submitted to county election officials more than 10 days after a voter signature.

While all of these are permitted at this point, the main plaintiff, Medicaid-expansion ballot group Florida Decides Healthcare, issued a statement praising the ruling.

“The court put a halt to one of the most dangerous parts of HB 1205—a vague criminal penalty that would have made grassroots participation in the democratic process a potential felony,” Florida Decides Healthcare Executive Director Mitch Emerson said.

The Florida Attorney General’s Office characterized the ruling as a victory too.

“The court’s order is a win for election integrity,” Jeremy Redfern, Attorney General James Uthmeier’s (R) spokesman said in a text message.

“The judge enjoined one section of the law as it applies to one person. Florida’s law remains in effect and ensures that citizens—not corporations or special interests—control our Constitution,” he said.

The case is Florida Decides HealthCare, Inc. v. Byrd, N.D. Fla., No. 4:25-cv-00211, preliminary injunction granted 6/4/25.