A Florida campaign seeking to put marijuana legalization on the state’s 2026 ballot has filed a new lawsuit against state officials, alleging that they improperly directed the invalidation of about 71,000 signatures as a turn-in deadline quickly approaches.
Smart & Safe Florida has been fighting several legal battles this cycle to ensure that its initiative is able to qualify for ballot placement.
The latest lawsuit, filed in the Leon County circuit court on Monday, claims Secretary of State Cord Byrd (R) directed county election officials to invalidate about 42,000 signatures from so-called “inactive” voters and roughly 29,000 signatures collected by out-of-state petitioners.
This comes after another court upheld a previous decision to strike about 200,000 signatures that the state said were invalid because the petitions didn’t include the full text of the proposed initiative. The campaign contested the legal interpretation, but it declined to appeal the decision based on their confidence they’d collected enough signatures to make up the difference.
Now, with a February 1 deadline to submit 880,062 valid signatures just about a month away, Smart & Safe Florida is signaling that the additional invalidations could jeopardize their chances of making the ballot. Currently, the state has validated 675,307 signatures.
“Time is of the essence,” the new lawsuit says, according to The News Service of Florida. “The Florida secretary of state has issued two unlawful directives that, unless stopped, will invalidate the citizen initiative petitions signed by more than 70,000 registered voters.”
With respect to the “inactive” voters, the term refers to those who are registered but for whom mail is marked as undeliverable, resulting in their addresses being considered unconfirmed. This group can become unregistered if they don’t vote in two consecutive general elections.
“The absurd result of the secretary’s directive is that ‘inactive’ voters can vote for the proposed amendment but cannot have their petitions counted to place the proposed amendment on the ballot to vote for it,” the lawsuit says.
The out-of-state petitioner issue, meanwhile, is about the enforcement of a law passed earlier this year barring non-Florida residents from collecting signatures. Amid legal challenges, a federal court issued an injunction blocking its enforcement for about two months before that injunction was stayed by another judge.
Hellbound and Down 