A court victory for Hometown Democracy
Florida Hometown Democracy fell short of getting its slow-growth ballot initiative petition on the 2008 ballot. But the group won a court fight Wednesday when the First District Court of Appeal struck down a state law that allows voters to revoke signatures on ballot initiative petitions. A three-judge panel reversed an earlier order by Leon Circuit Judge Charles Francis, nullifying the law passed by the Legislature in 2007.
The appeals court ruled that The Legislature's passage of the signature revocation law and Secretary of State Kurt Browning's adoption of administrative rules, do not "ensure ballot integrity," a standard set by the Florida Supreme Court in two cases cited by the DCA.
"Signature revocation is not even referenced in the citizen initiative provisions in the Constitution," the judges wrote. "And they are not necessary for the orderly presentation of initiative-generated constitutional amendment proposals on general election ballots. Indeed, they serve to burden the initiative process with requirements that are not prescribed by the Constitution."
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