Florida Department of State

Florida Department of State
Kurt S. Browning
Secretary of State

Court Dismisses Case Challenging Signature Deadline

Florida Hometown Democracy, Inc. also alleged other constitutional violations

TALLAHASSEE, Fl (August 29, 2008) -- Today, Federal District Judge Stephen P. Mickle rejected arguments of the plaintiffs, Florida Hometown Democracy and others, that the February 1 deadline violated their constitutional rights. The plaintiffs also alleged that local supervisors failed to properly validate petition signatures, which the court rejected. The plaintiffs filed the motion for injunction asking for the court to order the Florida Hometown Democracy proposed constitutional amendment be placed on the 2008 General Election Ballot.

The court:

• Found there is no federal constitutional right to place a proposed state constitutional amendment on the ballot;
• Dismissed the plaintiffs’ arguments that their federal constitutional rights of due process and equal protection were implicated;
• Rejected the claim that the supervisors of elections failed to properly validate petition signatures; and,
• Denied the claim that Section 100.371(8) (which allows private property owners to prohibit petition activities on private property) is unconstitutional.

“I am pleased by the court’s decision,” said Secretary of State Kurt S. Browning. “We believe that the current law does not violate any constitutional rights, and that supervisors acted properly in verifying the signatures on Hometown Democracy’s petitions.”