Supporters of a recreational marijuana initiative in Florida are facing a critical deadline as they accuse the administration of Governor Ron DeSantis of failing to fulfill legal obligations. The political committee Smart & Safe Florida is working to collect at least 880,062 valid signatures before the February 1, 2024 deadline to secure a spot on the November ballot.
On Friday, Smart & Safe Florida filed a lawsuit in Leon County, seeking a court order to compel Secretary of State Cord Byrd to provide timely updates on the number of valid signatures. The lawsuit claims that the number has remained at 675,307 since November 23, 2023, despite ongoing verification of additional signatures by county election supervisors. According to the lawsuit, the committee believes more than 700,000 signatures have been verified but lacks the necessary updates to strategize their campaign effectively.
Florida law mandates that election officials must publicly post updates on valid signatures weekly, beginning December 1. The lawsuit emphasizes that these updates are essential for groups like Smart & Safe Florida to manage their efforts in meeting both statewide and congressional district requirements. The absence of this data leaves them “essentially flying blind” in their campaign, according to the committee’s legal team.
In response to the urgency of the situation, Circuit Judge Jonathan Sjostrom has expedited the case. He requested that additional legal briefs be submitted by the end of the week. This legal battle coincides with separate litigation concerning state actions to invalidate certain petition signatures. In a ruling also made on Friday, Judge Sjostrom determined that state officials improperly directed the invalidation of approximately 42,000 petitions signed by “inactive” voters, while upholding a directive to invalidate nearly 29,000 petitions gathered by out-of-state petitioners.
The legal disputes have intensified as Smart & Safe Florida navigates a complex landscape of regulations and challenges posed by the DeSantis administration. Uthmeier’s office has initiated a significant investigation into allegations of election fraud linked to the signature-gathering process. This inquiry has led to 46 new criminal investigations and four subpoenas targeting records from Smart & Safe Florida and its contractors.
Uthmeier’s office claims concerns over approximately 14,500 petitions submitted by around 50 petition circulators, including 7,100 that were validated. As part of their efforts, the office has arrested or issued warrants for nine petition circulators, with more arrests anticipated in the near future. The ongoing investigations aim to determine whether any broader organizational misconduct exists beyond the individual circulators.
Smart & Safe Florida maintains that it has complied with all state laws regarding petition discrepancies, stating that it reports any issues to Byrd’s office and flags problematic petitions before submission. In a statement regarding the subpoenas, Smart & Safe Florida indicated that they are committed to transparency and cooperation with state authorities.
As the court proceedings continue, the Florida Supreme Court is set to hear arguments on February 5 regarding the proposed constitutional amendment’s eligibility for the November ballot. Meanwhile, election supervisors are grappling with the challenges posed by rapidly changing directives from Byrd’s office, complicating their ability to provide consistent service.
David Ramba, executive director of the Florida Supervisors of Elections association, expressed concerns over the fluctuating interpretations of the law, stating, “We’re literally going through boxes of the same petitions over and over again.” The situation remains fluid as both the legal challenges and the deadline loom, with significant implications for the future of recreational marijuana in Florida.
