Court’s Ruling Undermines Democratic Process and Threatens Voter Rights
TALLAHASSEE, FL (August 21, 2024) — Earlier today, the Florida Supreme Court decided to refuse to take action against the State’s revised financial impact statement for Amendment 4—a decision that disregards constitutional and statutory principles and ultimately undermines the foundation of our democratic process.
Previously, a circuit court correctly identified the initial financial impact statement produced by the 2023 Financial Impact Estimating Conference as legally defective, ordering a revision in strict compliance with statutory requirements. However, rather than following the court’s directive, the Conference brazenly overstepped its bounds, conducting an entirely new analysis and producing a completely rewritten financial impact statement without legal authority. As noted by the dissent, “today’s decision opens the door to the legislative branch leadership to intervene in the citizen-driven constitutional amendment process—even in the midst of ongoing legal proceedings such as were taking place here.” The Court’s decision sets a dangerous precedent for the future of our electoral process.
Importantly, despite today’s decision, the unlawful financial impact statement appended to Amendment 4’s ballot summary does not alter the effect of Amendment 4, which when passed will provide crucial protections to limit government interference with abortion.
Michelle Morton, staff attorney at the ACLU of Florida, condemned the ruling stating:
“This ruling, allowing an unauthorized and unlawful financial impact statement to stand, is a direct affront to the rights of Florida voters, who deserve accurate and lawful information when making decisions on constitutional amendments. We are disheartened by the Florida Supreme Court’s refusal to take action against the State’s politicization of these financial impact statements and flagrant bypassing of the judicial safeguards that are supposed to protect the integrity of our electoral process. The politicization of these financial impact statements erodes public trust in our institutions and threatens the integrity of every future ballot measure. The implications of this decision are dire—the Court has effectively granted the State unchecked authority to manipulate voter information without any meaningful oversight, setting the stage for future abuses of power where state officials can sidestep the courts and the law with impunity.
“But Floridians will not be fooled. We are seeing the impacts of Florida’s dangerous abortion ban in our own lives and in the lives of those we care about. Floridians will vote yes on Amendment 4 to end government interference in healthcare. This near-total abortion ban is a direct assault on our personal freedoms, making it virtually impossible for most people to access the care they need, even before they know they need it. This law doesn’t protect our health, our dignity, or our rights. It forces survivors of rape, incest, and human trafficking to jump through cruel and unnecessary hoops, demanding documentation of their trauma just to exercise control over their own bodies. Women experiencing pregnancy complications are being turned away from hospitals, forced to endure unimaginable pain and risk because of this draconian policy. Floridians will not stand idly by as our rights are stripped away. This is not freedom, this is not justice. That’s why Floridians will vote yes on Amendment 4. We will vote to end government interference in healthcare, to protect our rights, and to ensure that every person in our state has the ability to make the best decisions for their own bodies and their own lives.
“Despite this grave setback for voter rights and the very principles of democratic governance, we remain committed to fighting for transparency and accountability. These are pillars that are essential to our democracy. But now more than ever, we must stand together to protect the integrity of our electoral process. We call on every Floridian to join us in demanding accountability from our leaders, to advocate fiercely for the preservation of our rights, and to ensure that our voices are heard. The fight for democracy is far from over, and we must all be vigilant and active in defending it.”
The court’s order can be viewed here.
