The American Civil Liberties Union has filed a federal lawsuit against a newly enacted law imposing a $3,000 cap on individual contributions in support of ballot initiatives, arguing that it violates free speech rights.
In a complaint filed May 8 in the Northern District of Florida in Tallahassee, the ACLU said that the signing of Senate Bill 1890 into law would undermine direct democracy in the state. State lawmakers have been adding restrictions to the initiative process for decades, making it more difficult for citizens to put measures before state voters, the Florida ACLU stated in the complaint.
“Because of the immense expense of collecting over 800,000 signatures and defending an initiative at the Florida Supreme Court, SB 1890’s contribution limit has chilled the ACLU of Florida’s efforts to develop initiatives for the future,” the complaint says. “If SB 1890 stands, the ACLU of Florida will not be able to propose and support future initiatives, because such initiatives will not be viable under SB 1890’s contribution limit.”
Florida Chamber Vice President of Governmental Affairs Frank Walker
The Florida Chamber of Commerce, which supported SB 1890 as a sensible reform measure, did not comment specifically on the ACLU’s lawsuit but said the bill would provide greater openness about the initiative process.
“The Florida Chamber of Commerce believes that reforms are needed to protect the Florida Constitution and bring further transparency to an initiative process that currently lacks it,” Frank Walker, the chamber’s vice president of governmental affairs, told the Florida Record in an email.
SB 1890, sponsored by Sen. Ray Rodrigues (R-Estero), would put contribution limits for initiative campaigns on par with those imposed on candidates, Walker said. In turn, this would ensure “that the citizen’s initiative process reflects the will of the citizens, rather than just one individual,” he said
The Florida ACLU argues that this new limitation on individuals’ political donations is unconstitutional and restricts Floridians’ rights to free speech and association.
“Over the last several years, the Florida Legislature has passed dozens of bills to undermine the citizen initiative process,” Nicholas Warren, staff attorney at the ACLU of Florida, said in a prepared statement. “Florida citizens’ right to participate directly in our democracy is protected by the Constitution, and yet, the legislature and governor have made it their mission to make it even more difficult for Floridians to enact change.”
Among the most recent ballot initiatives approved by Florida voters was a move to gradually increase the state’s minimum hourly wage to $15 – something that business associations in the state opposed.