Supreme Court of Florida

Kurt S. Browning v. Florida Hometown Democracy, Inc., Pac, Appellees

February 18, 201035 Fla. L. Weekly Supp. 120

Summary

The Court affirmed the First District’s judgment holding unconstitutional the statutory and administrative signature-revocation scheme for citizen-initiative petitions. It held that the scheme was neither contemplated by the self-executing initiative provision of the Florida Constitution nor necessary to ensure ballot integrity because it enabled partisan campaigns to persuade signatories to revoke signatures, imposed an irrevocable consequence, and created timing and informational disadvantages for initiative proponents. Justice Pariente specially concurred, while Justice Polston, joined by Justice Canady, dissented and would have upheld the scheme as a reasonable ballot-integrity regulation.