TALLAHASSEE, Fla. — The Florida Legislature is considering bills that would restrict grassroots citizen engagement. For decades, Floridians have used the citizen initiative process to let voters decide, often when the Legislature fails to act. The process has resulted in constitutional amendments to restore the voting rights of some Floridians with prior felony convictions, and others.
Republicans behind House bill 7111 and Senate bill 7096 have criticized the use of paid signature gatherers. But Aliki Moncrief, executive director with Florida Conservation Voters, said they've been an essential tool after their volunteers gathered 250,000 signatures to get the Water and Land Conservation Amendment on the ballot, because Florida's process had become too complex.
"If we had not been able to reach out and bring professional signature gatherers to augment our efforts, we would not have made it to the ballot and we would not have now required the Legislature to set aside funding for conservation,” Moncrief said.
Republicans have long argued the Constitution is a sacred document and should be difficult to amend. But citizen groups say those efforts are silencing citizens by infringing on their First Amendment rights.
Rich Templin, director of politics and public policy with the Florida AFL-CIO, claimed the bills are part of a long-running campaign by business groups upset over a 2004 constitutional amendment which raised the state's minimum wage by $1 to $6.15 an hour. If passed, the bills would require "interested parties" to file position statements in favor of or against a proposal, invalidate all signatures if a petition gatherer is found ineligible and include a ruling from the Florida Supreme Court determining whether the proposal can be done through the Legislature instead of a change to the Constitution.
"The Legislature is being very smart in not simply asking the voters to strike that provision from our Constitution that allows for the citizens initiative because they understand that the people wouldn't agree to that,” Templin said. “So what they're doing instead is death by a thousand paper cuts."
There is still a 60 percent threshold for voters to pass a constitutional amendment. The changes, if passed, would impact several proposals slated for the 2020 ballot, including amendments to ban assault weapons and expand Medicaid.
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A court hearing next week could help determine whether an eastern South Dakota mayor will face a recall election. Events are rare for this state, but there is a strong appetite for "direct democracy," according to one expert. The legal wrangling surrounding a possible recall vote concerns the mayor of Baltic, with the next hearing scheduled for June 15th.
Joshua Spivak, author and senior research fellow at the Hugh L. Carey Institute for Government Reform at Wagner College and expert on recall elections, said South Dakota law prevents statewide officeholders from being recalled; it has set a tone that even local leaders have rarely. But he said residents and activist groups are showing a lot of interest in statewide ballot initiatives.
"Voters like this," he said. "And it's not a conservative and it's not a liberal position to like direct democracy."
Spivak added several proposed statewide ballot questions are already going through approval stages for the 2024 election. It follows high-profile questions put before South Dakota voters in recent years. He described it as a "counter-pushback" toward legislative efforts to add more requirements for initiated measures. Those who support such moves worry about what they call "citizen lawmakers" working around the Legislature.
In states where restrictions to circulating petitions for ballot questions have been added, it has often been Republican lawmakers pushing for those changes. So far, Spivak explained, those policymakers have not paid the price come election time. But he added it is fair to question if their constituents will eventually have a change of heart.
"There is a strong possibility, especially if somebody's running an insurgent campaign against these election officials saying, 'Hey, I support your right to make your own choices.' They didn't," he said.
Experts say the dynamic is interesting for South Dakota because it was the first state to adopt the initiative and referendum process on a statewide level. As for recall elections, Spivak's research notes there is only one documented vote happening in South Dakota in the past dozen years. That happened in Whitewood, where the election official in question survived the effort to vote them out of office.
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The Keystone State's general election is less than six months away and a nonpartisan, grassroots organization is already getting the word out to residents about the importance of voting and voter registration.
Pennsylvania has more than 8.7 million registered voters, but it is estimated the voter turnout during the municipal primary election was only 27.5%.
Becky Wyss, president of the League of Women Voters of Westmoreland County, said they are hoping to see a better turnout in November.
"The turnout was very light in Westmoreland County," Wyss pointed out. "I looked up the newspaper accounts of it. And the overall turnout for the primary was 29%. But that's up from 24.5% in 2019 when many of the same races were on the ballot."
Wyss noted they are committed to having Vote411.org set up for Westmoreland County in time for the general election. The League's national website is a one-stop shop for election information. Anyone can check their voter registration status, find their polling place or request a mail-in ballot. By entering a mailing address, voters can also see a guide to the specific races and candidates on their ballots.
Wyss explained turnout may have been low because of uncontested races, and independent voters may have been unsure about how Pennsylvania's closed primaries work. The League held a "Timely Topics Speaker Series," to help educate voters, and Wyss encouraged residents to attend the next speaker series.
"In the fall, we have two speaker series on the school board," Wyss said. "One is on school board governance. The second is on financing for schools. So we're hoping that will generate a lot of interest in getting people out to the general election. Because school boards, there's just a ton of school board elections going on right now."
Judy Clack, vice president of voter services for the League of Women Voters of Greater Pittsburgh, said the overall turnout there improved from 16.5% four years ago to 31% this year. She noted the district attorney and county executive race was contested this time, but four years ago, it was not contested.
"Mail in, 35% of our 31% who voted, voted by mail, 35% in Allegheny County, and our county has become very supportive of mail-in voting," Clack observed.
Clack added voting integrity is a top priority and contends the election process in Pennsylvania is secure.
"There is no fraud in Pennsylvania," Clack contended. "If you get a mail-in ballot, it is keyed to your voter registration. When you return it, they scan it and they see Judy Clack turned in her mail-in ballot. That is given to where my polling place is, and so I could not go vote again."
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The moment Florida Governor Ron DeSantis signed a sweeping elections bill into law last week, several voter-advocacy groups filed lawsuits against it.
Senate Bill 7050 creates a broad set of restrictions for third-party voter registration groups. It cuts the amount of time they have to submit voters' applications, and adds new and higher fines for late submissions.
Estee Konor - associate director of litigation with Demos, a 'think tank' that focuses on racial justice - said her group's lawsuit targets a new provision that bans any non-citizen from getting involved in voter-registration work.
Konor said it directly impacts groups she represents, such as Hispanic Federation and Poder Latinx, that have a long history of helping people register to vote.
"And really what this law does is," said Konor, "it is an attack on the ability of Floridians - regardless of their immigration status - to participate in the democratic process of civic engagement."
The bill's sponsor, state Rep. Lawrence McClure - R-Dover - said the bill is meant to hold voter-registration groups to high standards and protect voters' personal information.
Groups like the League of Women Voters and other plaintiffs are also suing, claiming the law is unconstitutional and violates the First and 14th amendments.
Konor said all Floridians, including non-citizens, have the right to participate in the work of building a better democracy. She claimed the law is a brazen attempt to shut down voter registration work in those communities.
"If an organization violates this law in any way, even if they do so by mistake, they will be fined $50,000 per person that has violated the law," said Konor, "and there is no limit."
The new law also requires those organizations to provide voter registration applicants with a receipt detailing the voter's personal information.
According a study by University of Florida Political Science Professor Daniel Smith, Florida voters of color are five times more likely than white voters in the state to register to vote through third-party civic engagement groups.
Support for this reporting was provided by the Carnegie Corporation of New York.
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