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 decision holding that the statutory and administrative signature-revocation scheme violated article XI, section 3 of the Florida Constitution. Because the initiative provision is self-executing, regulations not expressly or implicitly contemplated by it must be neutral, nondiscriminatory, or necessary to ensure ballot integrity; the challenged scheme instead enabled partisan campaigns that substantially burdened the initiative process and were not necessary to prevent fraud. Justice Pariente specially concurred in the judgment, while Justice Polston, dissenting, would have upheld the scheme as a reasonable ballot-integrity regulation.