Florida Hometown Democracy Wins One

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Jun 17, 8:52 PM EDT

Fla. justices strike signature revocation law
By BILL KACZOR
Associated Press Writer

TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court on Wednesday struck down a law that let voters revoke their signatures from petition drives to put constitutional amendments on statewide ballots.

In Florida, the signatures have four-year shelf lives, giving voters time to reconsider their support for ballot proposals.

The 4-2 ruling was a victory for Florida Hometown Democracy, which challenged the law. The group is sponsoring a ballot proposal that would require voter approval of changes to local comprehensive plans.

"I'm so relieved," said Palm Beach lawyer Lesley Blackner, co-founder of Hometown Democracy. "It's really been a saga to qualify this initiative for the ballot. ... Every year the Legislature has tried to destroy the initiative process."

Business and development interests that oppose to Hometown Democracy sought the signature revocation law. They say Hometown Democracy's proposal would hamper growth and depress the state's already sagging economy.

After the law was passed, Associated Industries of Florida backed an organization that helped get about 13,000 Hometown Democracy signers to take back their signatures.

"We think that Floridians should have the ability to change their mind EDIT (Yes we think so too--at the polls) when they are not told the truth to begin with," said Associated Industries President and CEO Barney Bishop. He said petition collectors made unsubstantiated claims of Hometown Democracy's benefits. Bishop said his organization may ask the Legislature for a constitutional amendment permitting signature revocations and overriding the Supreme Court ruling. He also said opponents may try to use the courts to stop the measure. EDIT(Remember the Power Grab folks supported by the Chamber of Commerce of a few years ago that did that to the SuperMajoriy Petitions?--NO MORE OF THEM!! I told them it was illegal--they did not believe me. Now we know!. Now the Court says so too! "Tell 'em to be prepared," Bishop said. "What's good for the goose is good for the gander. This ain't over."

The justices did not immediately explain their ruling, writing that they'd issue a full opinion at a later date. The high court's two most reliable conservatives, Justices Charles Canady and Ricky Polston, dissented. The court's newest member, Justice James Perry, did not participate.

Hometown Democracy sought an expedited decision to avoid losing signatures if the case wasn't decided soon. Signatures have a shelf life of four years and that means some of the first ones, including Blackner's, will begin expiring if the amendment isn't certified for the 2010 ballot by Monday.

The revocation law also included a provision saying initiatives cannot be certified until Feb. 1 of an election year to make sure signers have an opportunity take back their signatures.

Tallahassee lawyer Ross Burnaman, Hometown Democracy's other co-founder, said he believes that provision no longer applies and the amendment should be immediately certified. If the state's lawyers disagree, Hometown Democracy may take that issue to court, too, Burnaman said.

The Department of State's unofficial count shows the amendment with 711,168 signatures with 676,811 needed for ballot certification. Hometown Democracy also has collected sufficient signatures in each of at least 13 of Florida's 24 congressional districts.

Source: Miami Herald