TALLAHASSEE - The American Civil Liberties Union of Florida (ACLU) is suing Florida Secretary of State Laurel Lee alleging that Senate Bill 1890 unconstitutionally abridges First Amendment freedoms.
The suit was filed by attorney Nicholas Warren on behalf of the ACLU of Florida in the U.S. District Court for the Northern District of Florida, Tallahassee Division, according to court documents.
SB 1890 sets a $3,000 cap on contributions for political committees that sponsor constitutional amendments proposed by initiative, according to court documents.
The suit alleges that the cap “unconstitutionally burdens and chills” the First Amendment right to free speech association. The suit states that the ACLU is suing Lee due to her role in enforcing all state election laws.
The current process for direct amendment of the state’s constitution permits residents to form a political action committee, obtain the required petition signatures, receive a favorable advisory opinion from the Florida Supreme Court, and then have a proposed amendment ratified by voters, according to court documents.
The suit alleges that the restrictions could prevent organizations such as the ACLU from donating staff time and supplies to assist an initiative effort, and so would “chill” the ability of the ACLU to exercise its constitutional rights.
The ACLU is requesting that the court declare SB 1890 unconstitutional, enjoin against the state enforcing the law, and award attorney’s fees and costs as well as any other relief deemed just and proper.