TALLAHASSEE, Fla. (Legal Newsline) – A Florida federal judge has permanently blocked a state law that sought to cap the amount of contributions to certain political committees to $3,000.
Judge Allen Winsor had already placed a preliminary injunction on SB 1890, which limits contributions to a committee that is a sponsor of or is in opposition to a constitutional amendment proposed by initiative.
The American Civil Liberties Union of Florida led the challenge to the $3,000 cap. It wants to spend more than that in support of certain citizen-initiative efforts.
Winsor’s June 15 decision grants summary judgment for the ACLU and several co-plaintiffs and imposes a permanent injunction. He rejected the Florida Elections Commission’s argument the cap was needed to fight paid-for fraud, citing past incidents of forged names on petitions.
“(T)his evidence, however troubling, does not legally justify the restriction at issue,” Winsor wrote. “To start, the Supreme Court has never found the threat of fraud or corruption to justify a limit on contributions relating to ballot initiatives – as opposed to contributions to candidates.”
The current process for direct amendment of the state’s constitution permits residents to form a political action committee, obtain the required petition signatures, receive a favorable advisory opinion from the Florida Supreme Court, and then have a proposed amendment ratified by voters, according to court documents.
The ACLU alleged the restrictions could prevent organizations such as itself from donating staff time and supplies to assist an initiative effort, and so would “chill” the ability of the ACLU to exercise its constitutional rights.