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.