Amendment 4 legal battle continues

Image courtesy: WMNF

 

Floridians Protecting Freedom (FPF), the political committee that led the campaign for Amendment 4 on the Nov. 5 ballot, is now involved in a legal battle with the state over allegations of petition fraud and a $328,000 fine.

 The amendment, which aimed to expand abortion rights in the state constitution, failed to secure the necessary 60% voter approval in the Nov. 5 election, receiving only 57% support.

The fine stems from an investigation launched after the owner of a petition-circulating company raised concerns about fraudulent signatures. A letter detailing the alleged violations was released on Oct. 11.

According to the Department of State, the petition company owner flagged irregularities in late 2023, pointing to issues such as incorrect birthdates and potential forgery among 600 petitions. The Office of Election Crimes and Security (OECS) reviewed the documents and claimed that 328 petitions were never submitted to election officials. The department concluded that FPF’s failure to submit these petitions was willful.

“All should agree that there is no room for fraud when it comes to changing the Florida Constitution,” wrote Deputy Secretary of State Brad McVay in the letter. “We look forward to constructive dialogue on the adequacy of current law in addressing initiative petition fraud.”

FPF has strongly denied the allegations. On Nov. 1, the group contested the fine and requested an evidentiary hearing. The case was referred to the Division of Administrative Hearings, with Judge G.W. Chisenhall assigned to oversee it.

In its filing, FPF questioned whether the state should have returned the disputed petitions to the petition company instead of FPF, arguing this hindered their ability to meet submission deadlines. NBC Miami reported on Oct. 27 that FPF also questioned the authenticity of the department’s findings, challenging whether the petitions were genuinely signed by voters.

The American Civil Liberties Union of Florida condemned the fine in an Oct. 20 press release, calling it “the latest in a string of desperate attempts to discredit Amendment 4 and keep an extreme and dangerous abortion ban in place.” 

The group emphasized that FPF’s campaign was launched after the passage of a six-week abortion ban in 2023, framing it as part of a larger effort by state officials to suppress reproductive rights.

This legal battle illustrates the growing tension between state officials and advocacy groups in Florida’s increasingly divided political climate. The outcome of the hearing could have significant effects on future ballot initiatives and the petition-gathering process in the state.