Supporters of a recreational marijuana ballot proposal in Florida are accelerating their efforts as they approach a critical deadline of February 1, 2024. The political committee behind the initiative, Smart & Safe Florida, has filed a lawsuit against Secretary of State Cord Byrd, claiming that his office has failed to comply with state law requiring regular updates on valid petition signatures.
The lawsuit, lodged in Leon County, asserts that the number of valid signatures displayed on the state’s election website has remained at 675,307 since November 23, 2023. Smart & Safe Florida needs to submit a minimum of 880,062 valid signatures by the deadline to qualify for the November ballot. Despite having submitted over 1 million signatures, the committee believes that more than 700,000 have been verified, yet they are uncertain due to the lack of updated information from the state.
The lawsuit emphasizes that the absence of timely data from state officials hampers the committee’s ability to effectively manage its campaign. Lawyers for Smart & Safe Florida argue that without regular updates, the committee is “essentially flying blind” regarding its status for ballot placement. Under Florida law, local election supervisors and Byrd’s office were required to publicly disclose updated signature counts weekly starting on December 1, a requirement that continues until the approaching deadline.
Legal Battles and Investigations Intensify
The legal disputes surrounding the recreational marijuana initiative have escalated as Circuit Judge Jonathan Sjostrom set an expedited schedule for the case, requesting additional briefing to be completed by the end of the week. This lawsuit coincides with ongoing legal challenges regarding the invalidation of petition signatures. On the same day, Judge Sjostrom ruled that state election officials improperly directed the invalidation of approximately 42,000 petitions signed by “inactive” voters. However, he also upheld the decision to invalidate nearly 29,000 petitions collected by out-of-state petition gatherers.
The appeals process is already underway, with both Smart & Safe Florida and Byrd’s office contesting aspects of the ruling at the 1st District Court of Appeal. The appellate court has set an expedited schedule for the case, dismissing a request from Smart & Safe Florida to escalate the matter directly to the Florida Supreme Court.
As the deadline looms, local elections supervisors are grappling with multiple directives from Byrd’s office, which complicate the signature validation process. David Ramba, executive director of the Florida Supervisors of Elections association, expressed concerns about the overwhelming volume of petitions and the frequent changes in directives they receive, stating, “We’re literally going through boxes of the same petitions over and over again.”
In response to mounting scrutiny, Attorney General James Uthmeier announced a significant escalation in the investigation into potential election fraud linked to the signature-gathering efforts of Smart & Safe Florida. Uthmeier’s office has initiated 46 new criminal investigations and issued four subpoenas seeking records from the committee and its contractors regarding potentially fraudulent petitions. The investigations have identified about 50 petition circulators who submitted 14,500 petitions raising “significant concerns.”
Uthmeier’s office has already arrested or issued warrants for nine petition circulators and anticipates more arrests in the coming weeks. The subpoenas aim to uncover whether criminal liability extends beyond individual circulators to broader organizational conduct within Smart & Safe Florida.
In light of these developments, Smart & Safe Florida has maintained its commitment to legal compliance. The organization has reported discrepancies in petitions to Byrd’s office, adhering to state law by flagging any issues before submission to county supervisors. In a statement regarding the ongoing investigations, the committee expressed its willingness to cooperate with the state while urging equal scrutiny of other alleged scandals, such as the $10 million Hope Florida program associated with first lady Casey DeSantis.
Meanwhile, Uthmeier’s office is also advocating for the Florida Supreme Court to find that the proposed constitutional amendment does not meet the necessary requirements for inclusion on the November ballot. The court is scheduled to hear arguments regarding the proposed ballot wording on February 5, 2024.
As these events unfold, the fate of the recreational marijuana initiative hangs in the balance, with supporters working diligently to meet the signature requirements while navigating the complex legal landscape.
