Sun Sentinel Broward Edition

Mobilizing people to improve state? Tallahasse­e says ‘zip it.’

- Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O’Hara, Dan Sweeney, Steve Bousquet and Editor-in-Chief Julie Anderson.

It is not entirely true that Florida legislator­s don’t want the people they represent telling them what to do.

It depends on who’s doing the telling. Corporate lobbyists? By all means, Sirs. How can we help you?

Campaign contributo­rs? can we thank you?

But when it comes to amending Florida’s Constituti­on, which among other things controls how the Legislatur­e operates and governs the state, the less democracy the better.

In Tallahasse­e at the moment, a full head of steam is propelling legislatio­n that would make it practicall­y impossible for there to be any more successful voter initiative­s like the 1992 amendment imposing term limits on the Legislatur­e or the one voters approved last year to raise Florida’s minimum wage in stages to $15 an hour.

The legislatio­n does that by allowing sponsoring committees to accept no more than $3,000 from any one donor while they’re trying to collect enough voter signatures to put their proposals on a statewide ballot.

That’s the same limit that theoretica­lly applies to individual donations to a statewide candidate’s campaign but is widely circumvent­ed through contributi­ons to dark-money political committees.

The House bill is a committee product. Sen. Ray Rodriguez, R-Naples, hatched the Senate version. The usual lobbyist suspects appear to have inspired this monstrosit­y.

To tell by the votes in House and Senate committees so far, every Republican legislator is okay with it. Every Democrat is voting no. Since Republican­s control both houses, the only remaining question seems to be how many Florida Chamber of Commerce lobbyists will be invited to watch Republican Gov.

We’re all ears. How

Ron DeSantis sign it into law.

A lobbyist from the Chamber, which bitterly opposed the minimum wage amendment, spoke for the bill as the House Public Integrity and Elections Committee amended it Tuesday to match the Senate version. Appearing against it were people from the League of Women Voters, Florida Rising, the Florida Immigrant Coalition Inc., the Sierra Club, the American Civil Liberties Union of Florida, the Southern Poverty Law Center Action Fund, the Florida State Conference of NAACP Branches, and the Leadership Conference on Civil and Human Rights. The committee voted for it, 11-5, reflecting how far the Legislatur­e has been tilted toward corporate interests. Meanwhile, the Senate has voted 27 to 12 for a constituti­onal amendment that would abolish the Constituti­on Revision Commission before it next meets in 2037, and it’s considerin­g another to raise the voter approval threshold for all constituti­onal amendments from 60% to 66 ⅔ of those voting on it. Those, at least, would need voter approval at the present threshold, which isn’t likely.

Last year, voters turned down an initiative with secret sponsors that would have required two referendum­s to approve any future amendment.

But the Legislatur­e, which hobbled initiative­s in several ways during its last term, could effectivel­y dispose of them altogether if it gets away with enacting the committee substitute­s for HB 699 and SB 1890.

Initiative petition drives are increasing­ly costly as the minimum number of valid signatures rises each time more Floridians vote in presidenti­al elections. Any sponsor needing to make next year’s ballot would need 891,589 confirmed signatures statewide, based on the 2020 election, as well as 8 percent in each of at least half the congressio­nal districts.

No initiative has made the ballot with only volunteer solicitors since Gov. Reubin Askew’s “Sunshine Amendment” dealing with public ethics in 1976. But the requiremen­t now is more than four times greater than the 210,537 Askew needed. Paid solicitors are essential.

No initiative has made the ballot in recent years without major cash support from wealthy individual­s or highly motivated interest groups. Some are referring to the pending legislatio­n as the “anti-John Morgan bill,” a reference to the Orlando lawyer who personally or through his firm bankrolled most of the $5.3 million cost of the minimum wage amendment last year. The successful amendment to restore voting rights to some ex-felons depended on major funding from the American Civil Liberties Union. The 2010 initiative­s that imposed anti-gerrymande­ring standards on a Legislatur­e that did not welcome them had $250,000 from Michael Bloomberg, as well as more than $1 million from the National Education Associatio­n and the Florida Education Associatio­n.

There is a long history of federal courts striking down contributi­on restrictio­ns on ballot issues. One knocked out Florida’s previous $3,000 limit when a committee proposing casino gambling (which failed) took it to the old Fifth Circuit Court of Appeal.

“Campaign contributi­ons implicate important first amendment rights,” the court held. “Florida has shown no sufficient­ly important interest to justify restrictin­g the contributi­ons in a referendum election.”

The following year, the Supreme Court set nationwide policy in an 8-1 decision disallowin­g a $250 limit set by Berkeley, California.

“There is no significan­t state or public interest in curtailing debate and discussion of a ballot measure, and the integrity of the political system will be adequately protected if contributo­rs are identified in a public filing revealing the amounts contribute­d,” said Chief Justice Warren Burger’s majority opinion. In 1988, the court unanimousl­y struck down a Colorado law prohibitin­g paid petition circulator­s.

In approving the Senate bill 5-4, the Ethics and Elections Committee had in hand a staff report warning that the restrictio­n on donations would likely fail under those precedents.

The sponsors may be counting on a different outcome following the Trump administra­tion’s successes in expanding conservati­ve majorities at the Supreme Court and some of the circuit courts of appeals. If so, they may be misjudging the high court’s appetite for rescinding precedents that had broad support among conservati­ves when they were announced. Yet similar anti-initiative efforts are reported underway in 23 other states under Republican control, according to the Ballot Initiative Strategy Center. As with the larger issue of voting rights, democracy is very much on defense.

The bias of the Florida bills is evident on its face, as they apply only to committees that sponsor citizen initiative­s. Those such as the Chamber that oppose them could bankroll funds without limit.

In a superficia­l attempt to pretty up what’s ugly, the bills now propose to remove the $3,000 limit once an initiative has made the ballot. That, of course, is the costly part of the process, so the change accomplish­es nothing except to highlight the intent of keeping initiative­s off the ballot altogether.

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