The group seeks to challenge the state’s statement after the politicization of an objective process
MIAMI, FL (July 25, 2024) — Yesterday, Floridians Protecting Freedom, Inc., alongside its chair, Sara Latshaw, filed a Petition for Writ of Quo Warranto in the Florida Supreme Court. This action challenges the State’s unilateral revision of the Financial Impact Statement (FIS) for Amendment 4, which seeks to limit government interference with abortion. The Petitioners argue that the revised FIS, crafted without judicial oversight, misleads the public and undermines the clarity and accuracy required for such statements.
The organization provided the below highlights and statements following the filing:
A Call for Transparency and Fair Representation
The ACLU of Florida, representing the Petitioners, emphasizes the critical need for transparency in the presentation of constitutional amendments to voters. Michelle Morton, staff attorney with the ACLU of Florida stated, “The integrity of our democratic process depends on providing voters with clear, accurate, and unbiased information. The State’s actions in revising the Financial Impact Statement outside the legal framework are not only unlawful but also compromise the voter's ability to make informed decisions.”
Unlawful Revision of the Financial Impact Statement
The dispute centers on the State’s unauthorized revision of the FIS after it was invalidated by a circuit court for failing to meet statutory and constitutional requirements. Rather than a neutral explanation of Amendment 4’s probable impact to state and local budgets, the unauthorized revised statement speculates about the possible implications of potential future litigation. Florida courts, from the circuit court that found the initial Statement invalid to Florida’s Supreme Court, have consistently held that this sort of speculation cannot be lawfully included in financial impact statements. However, the State has been fighting against judicial oversight, arguing it can add whatever statement it wishes, whenever it desires, to amendments proposed by citizens with no avenue to question the legality of such statements.
“Without the checks and balances of the courts, the State can assume the power to send its bias into the booth with voters on election day. The revised statement is a perfect example of what results from politics invading this constitutional process: misleading propaganda unrelated to the financial impact of the amendment.” said Morton. “We are seeking the Florida Supreme Court’s intervention to ensure that Amendment 4, and all future amendments, are presented fairly to the voters.”
Implications for Voter Rights and Democratic Integrity
This case highlights the broader issue of protecting voter rights and ensuring the democratic process is free from manipulation. The Petitioners argue that the State’s actions violate the constitutional rights of both the amendment’s sponsors and the Florida electorate.
Sara Latshaw, Chair, Floridians Protecting Freedom, expressed her concerns in stating: “Every Floridian has the fundamental right to vote on a clear and honest presentation of amendments. This case transcends a single issue; it is a vital defense of our democratic principles. The State’s actions jeopardize the integrity of our electoral process by presenting voters with misleading information. We are standing up to ensure that the people’s voice is heard, untainted and undistorted. This fight is about protecting the cornerstone of our democracy—truthful and transparent governance. It's about empowering every citizen with the knowledge they need to make informed decisions that shape our future. We cannot allow these critical processes to be manipulated; we must protect the sanctity of our democracy for the benefit of all Floridians.”
A copy of the writ can be found here.
