Florida Legislature Defies DeSantis on Ballot Initiative Restrictions

In a rebuke to Gov. Ron DeSantis, Florida’s Republican legislative leaders this week temporarily shelved a controversial proposal that critics warned would eliminate citizen-backed initiatives in the state. 

The governor’s plan, which would ban volunteer groups and paid workers from collecting petition signatures for ballot initiatives, was among several measures set aside during the special legislative session. House Speaker Daniel Perez announced that any changes to the initiative process could wait until the regular legislative session begins in March.

“We have a representative government in which you elect a person to represent your interests and you hope that they do that when they get in office,” said Keneshia Grant, associate professor of political science at Howard University. “But this kind of citizens’ petition is a direct democracy tool in which individuals can work outside [the] government to make particular changes.” 

Through citizens' initiatives, Florida voters successfully got two amendments on the November 2024 ballot: One to protect abortion rights and another to legalize recreational marijuana. Both fell just short of Florida’s required 60% threshold to pass, but their inclusion on the ballot demonstrates the function of this democratic tool.

According to Ballotpedia, Florida is among the 26 states that allow citizens to initiate constitutional amendments through ballot measures. The current process requires collecting 900,000 signatures to qualify an initiative for the ballot.

DeSantis’ proposal included several restrictions to the petition process: eliminating third party collection of petition forms, requiring voters to submit petitions only in person or at county supervisor of elections offices or via U.S. mail, having stricter ID requirements, and granting the secretary of state’s office the power to decertify initiatives.  

Political scientists and voting rights advocates warn the changes could significantly limit citizen participation in democracy. Grant argues that banning third-party petition collectors would eliminate grassroots organizations and smaller groups. 

“Let’s say a group comes into existence for the purpose of legalizing abortion in the state of Florida, they would want to work with many partners in order to accomplish that goal,” Grant said. “They want to work with partners to gather signatures they need to make it onto the ballot. Changing who can be involved in the process, how they can be involved in the process, changes an organization’s ability to get help to achieve their goals.”

But the proposal garnered strong support from some conservative groups. Andrew Shirvell, executive director of Florida Voice for the Unborn, endorsed the changes, arguing they were necessary following last year’s Amendment 4 battle over abortion rights. 

The November 2024 election saw Amendment 4, an abortion rights initiative, receive 57% support — falling short of the required 60% threshold. The measure, started by Floridians Protecting Freedom, aimed to restrict governmental interference with abortion until “fetal viability,” generally considered to be around the 24th week of pregnancy.

“Amendment 4 should have never been placed on the General Election ballot due to the overwhelming amount of fraud and deception that the abortion industry perpetrated in order to collect the requisite number of signatures from Florida voters,” Shirvell said in a press release. 

Grant dismissed concerns about petition fraud, noting that while some violations may occur, “most of the time, these things are not done maliciously, and most of the time, these things are not done in an attempt to subvert good government.”

“We know that anytime you put additional barriers on individuals, it decreases the likelihood that they’re going to participate in politics,” Grant said. 

Willy Guardiola, president of the Palm Beach County Right to Life League, shared his own experience with the petition process. His organization tried to launch a human life protection amendment three years ago but fell short of the required signatures.

“There was no way we were going to get 900,000 signatures, so we fell short because we didn’t have the money and the manpower,” he said.

Despite his own challenges with the current system, or perhaps because of them, Guardiola strongly supports DeSantis’ proposed restrictions.

“I think the more barriers and the more stuff that you have to jump through, I think it’s a lot better,” he said. “If it’s easy, every two years, the left is going to come up and say ‘hey, this is pretty simple, let’s throw another radical amendment up there.’”

Guardiola expressed concern about Amendment 4’s performance in his home county.

“Just to think that in Palm Beach County alone, my county, it was 65.7% voted yes on Amendment 4… We got to work on that big time,” said Guardiola. 

Grant suggested the governor’s proposal reflects a broader pattern of government control.

“Having a governor describe changes to an initiative process that’s supposed to help individuals have a direct impact on politics strikes me as more of an attempt by DeSantis to grow his own power than anything else,” Grant said. 

The timing of these proposed changes is significant as new initiative campaigns are already underway. Organizers are currently gathering signatures for a 2026 recreational marijuana amendment after Amendment 3 — which would have allowed adults 21 and older to possess up to three ounces — fell short of the 60% threshold at 55% in favor. 

“Thank god it’s just only the marijuana amendment that these people are already jumping on,” Guardiola said, though he expressed worry that abortion rights advocates might also return with a new proposal. 

The 2025 legislative session is scheduled to start on March 4 and end on May 2.