Jesse Scheckner
In a victory for immigrants and advocacy groups, a federal judge has provisionally blocked enforcement of a Florida elections law that prohibited noncitizens from collecting signatures for citizen-led ballot initiatives.
U.S. District Judge Mark Walker, in a 28-page ruling, temporarily struck down part of a controversial measure Republicans pushed to passage this year (HB 1205) that empowered state officials to enforce citizenship requirements on ballot initiative collectors.
Walker’s decision, a preliminary injunction order, stops Florida’s 20 State Attorneys from prosecuting Smart & Safe Florida, the organization behind last year’s failed Amendment 3 effort to legalize recreational cannabis, and its non-resident petition circulators.
Essentially, Smart & Safe’s hundreds of non-resident workers can resume collecting signatures for its current cannabis legalization ballot initiative without fear of criminal charges.
The Thursday ruling also blocked enforcement of the citizenship ban against Washington-based nonprofit Poder Latinx, the organization’s noncitizen members and two lawful permanent residents, Yivian Lopez Garcia and Humberto Orjuela Prieto.
Specifically, Florida officials — including Secretary of State Cord Byrd; Attorney General James Uthmeier; State Attorneys for the 5th, 9th, 10th and 18th Judicial Circuits; and the Supervisors of Elections for Lake, Orange, Osceola, Polk and Seminole counties — may not:
— Invalidate petitions collected by Poder Latinx, its noncitizen members, Lopez Garcia or Orjuela Prieto.
— Fine Poder Latinx $50,000 per noncitizen member that ballot initiative sponsors knowingly allow to collect petitions on their behalf.
— Pursue criminal penalties for them under HB 1205.
Importantly, the injunction does not strike down the law statewide. It grants relief only to the plaintiffs who showed standing in the case. Walker emphasized that he is bound by the U.S. Supreme Court’s decision in Trump v. CASA Inc., which bars district courts from issuing universal injunctions.
The Judge found that Florida’s residency and citizenship requirements likely violated the First Amendment because they restricted political speech by barring certain people from circulating petitions. He held that the plaintiffs would “face irreparable injury” if silence, that Florida has “no legitimate interest in enforcing an unconstitutional law,” and called the state’s argument that preliminary relief would hamstring it from combating fraud “unpersuasive.”
“(The) residency and citizenship requirements effectively silence (the plaintiffs), their members and employees,” Walker wrote, by forcing “them to choose between curtailing their First Amendment rights to engage in core political speech via petition circulation or risk invalidation of verified petitions, crippling civil penalties, and further enforcement actions.”
Poder Latinx is currently supporting a statewide petition campaign to expand Medicaid access.
“This decision ensures that Latino and immigrant voices can continue shaping their communities,” said Cesar Ruiz, associate counsel for LatinoJustice PRLDEF, which represented the plaintiffs alongside the national think tank Dēmos. “This important win stands in stark contrast to the unprecedented attacks we have seen against our immigrant community and reminds us of how important it is to remain committed to this fight.”
Walker’s ruling marks another courtroom setback for GOP lawmakers and Gov. Ron DeSantis, who have imposed multiple election law changes in recent years. It comes 10 days after the Judge struck down part of another controversial 2023 elections law (SB 7050) that barred noncitizens from handling voter registration applications.
In that case, Walker ruled the citizenship rule violated the 14th Amendment’s equal protection clause because it is “facially discriminatory with respect to alienage.”
As with Thursday’s decision about Poder Latinx, the Aug. 11 ruling was narrowly tailored to protect UnidosUS, a Latino civil rights nonprofit, and Colombian-born Orjuela Prieto, one of its canvassers.
Attorneys for the state expect to challenge Walker’s injunction, though the Judge declined to stay his ruling pending appeal.
