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Hometown Democracy sues to block petition law
Hometown Democracy asks a judge to strike down a law allowing signers to change minds.
By STEVE BOUSQUET, Tallahassee Bureau Chief
Published August 23, 2007
TALLAHASSEE - Leaders of the slow-growth Florida Hometown Democracy petition drive want a judge to strike down a new law that gives voters 150 days to revoke signatures from petitions after signing them.
The revocation law passed the Legislature in the spring with support from major business groups.
Lawmakers who pushed for the change said paid signature gatherers distort the facts to convince voters to sign, and voters sometimes feel pressured to sign petitions.
The revocation tool will be used by opponents targeting Hometown Democracy, a ballot initiative seeking to slow development by requiring voter approval of land-use changes.
Hometown Democracy filed a lawsuit Wednesday against Secretary of State Kurt Browning and the elections division he oversees.
The suit argues that the Legislature violated the state Constitution by passing a law that negates the right of citizens to petition the government.
The suit also argues that it is unfair for the state to require election supervisors to provide revocation forms to voters when there is no requirement to provide the petitions themselves.
It was also unconstitutional, the suit says, for Browning to interpret the law so that people could challenge signatures gathered since early March, 150 days before the law went into effect Aug. 1. Hometown Democracy had collected more than 300,000 signatures.
"The Legislature changed the rules in midstream," said Mark Herron, Hometown Democracy's lawyer.
The case was assigned to Circuit Judge Charles Francis of Leon County Circuit Court.
"We're simply following the law that was passed by the Legislature," said Browning's spokesman, Sterling Ivey.
Ivey said Hometown Democracy should exhaust administrative avenues of appeal before filing a lawsuit. Herron said that's not the proper arena for a constitutional challenge.
The law in question is part of House Bill 537, signed in May by Gov. Charlie Crist. It's the same bill that moves up Florida's presidential primary to Jan. 29.
Steve Bousquet can be reached at bousquet@sptimes.com or 850 224-7263.
[Last modified August 22, 2007, 23:14:26]
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by John
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09/15/07 11:49 PM
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Did you notice people that even this share your thoughts, is controlled by some editor who will decide what can be said or not said in comments. So even this forum is controlled, you have none. The only one here with power is the editor.
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by John
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09/15/07 11:38 PM
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Wow its true Floridians are a little slow. For God sakes people this petition is not your vote, its just democracy to get this to the people so they can vote at the ballot box. And you wonder why democracy is disappearing, wake up!!!!
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by Gary
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09/11/07 03:38 PM
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Penn & Teller sent someone out to collect signatures to ban the chemical compound "Di-Hydrogen-Oxide". They were told it was used by industry and that our lakes and rivers were full of it. People gladly signed on to ban H2O. Think before you sign!!!
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by Carol
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09/07/07 01:02 PM
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I've heard a lot about these "signature gatherers" and I'm glad we're being given the opportunity to revoke our signatures. I have a friend who works at FSU and she refused to sign it so the guy snidely said to her: "Why, is your daddy a developer?"
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by Ron
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08/29/07 11:20 AM
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If you haven't already, sign up. We in Ormond Beach had to fight the combined efforts of the Builder and the city. We won, but they are still fighting the vote. The builder put up about $700,000 plus monies from the city. CANDO invested around $30K.
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by wendy
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08/24/07 12:47 AM
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Our legislature/ local govt has been hijacked by special interest/lobby money. Give the people a chance to put FHD on the ballot for a vote. That's all I ask.
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by Sal
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08/23/07 07:11 PM
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All you have to do is read the document. I have never and will never revoke my sig.
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by Paul
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08/23/07 05:15 PM
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Who in their right mind would ever blindly sign their name on a piece of paper these days?! Only an IDIOT would do that! Hometown Democracy is trying to protect our state from the rampant over-development that exists today. Support them!
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by mike
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08/23/07 03:48 PM
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They're losing control, and they don't like it. expect more fights.
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by jim
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08/23/07 02:23 PM
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why would you put your sig on something you don't fully understand in the 1st place? READ and UNDERSTAND what u r signing and perhaps you won't have any remorse to begin with. That should eliminate any legislation to recant our ignorance to begin wth
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by Loretha
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08/23/07 01:45 PM
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I just read all your comments and I can't believe you would be intimidated by a petioner to sign something, and then you would take the trouble to revoke your signature? Are you nuts?
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by Joshu Jones
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08/23/07 01:19 PM
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It seems the Florida legislature are more and more blatantly exposing themselves to be the lackeys of a small minority of rich developers. Let the people vote, and quit interfering with Deomcracy whenever it doesn't fit the designs of the wealthy.
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by Mr. Bo
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08/23/07 01:06 PM
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The so-called Citizens for Responsible Growth (CRG) PAC mislead a whole generation of SPB seniors that our City would be ruined if they didn't get to control development at the ballot box. What did we get?- a blighted city-scape.
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by Frankie
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08/23/07 12:08 PM
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It's just a petition - not a vote. In the interest of democracy I'm willing to sign a petition for an issue I disagree with. This unfair new law is just the first of many attempts by the developer lobby to thwart Hometown Democracy. Get ready for war
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by Mark
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08/23/07 09:37 AM
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It's true that signatures are being gathered in a dishonest fashion. At a recent event, a lady was gathering signatures without letting people read the document. When I challenged her by trying to read the petition she tried to accuse me of assault.
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by Oscar
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08/23/07 09:35 AM
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Now isn't that the pot calling the kettle blackner. Having been approached by petition gatherers several times and not really understanding what they were trying to get me to sign, I think it only appropriate I be able to revoke my sig if I want.
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by Arlene
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08/23/07 09:34 AM
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People will still have the right to petition the government. But now they have the ability to change their mind if they signed a petition without knowing all the facts.
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by CynicalIdealist
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08/23/07 08:56 AM
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Hometown Democracy isn't in Florida's best interests.
The folks backing it are a bunch of people who want to return to the 1950's and discourage people from moving to Florida.
VOTE NO on Home Town Democracy!
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by faye
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08/23/07 08:04 AM
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Hometown Democracy is the best chance citizens have to be heard in this state. Sign the petition and be heard in your own hometown.
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by stpete
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08/23/07 07:50 AM
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I passed these people one day and they were shouting 'Save our beaches' when I asked for more info all they would say was it was legislation to save the beaches and said nothing else had i not read the fine print I may have signed and regretted it
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by WJ
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08/23/07 07:27 AM
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The reason they want to stop people from revoking their signatures is that they tell lies to get people to sign them in the first place. Just ask the residents of St. Pete Beach who have been hoodwinked by the CRG!!!!
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