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2024

Ron DeSantis Details Likely Plan to Block Abortion Ballot Measure in 350-Page Report

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Late Friday night, Florida Gov. Ron DeSantis’ administration released a 350-page report alleging “widespread petition fraud” in the signature collection process for Amendment 4, a ballot measure that would enshrine a right to abortion in the state and reverse its six-week ban. This comes just weeks after reports that DeSantis sent election police officers to the homes of voters who signed the Amendment 4 petition, as part of a string of efforts to impede the abortion rights measure.

The report from the Secretary of State Cord Byrd’s office and the Office of Election Crimes & Security (OECS) comes as Floridians have already started voting. (Notably, DeSantis launched OECS in 2022 in response to conspiracy theories that the 2020 election was stolen from Donald Trump.) The report's stated purpose is to “reemphasize the need for more effective regulation of petition circulation,” but legal experts and Democratic lawmakers have expressed concern that its real purpose is to delegitimize the ballot measure, and even lay the groundwork to challenge and block it if it passes.

According to the report, which the Tampa Bay Times calls “unprecedented” and “unusual,” a “significant number of known or suspected fraudsters had petitions counted across the state.” Byrd, a Republican who was appointed by DeSantis, claims in the report that the Amendment 4 campaign illegally paid petition gatherers per the number of signatures they collected. As of Friday, Amendment 4 organizers also face a $328,000 fine from the state. The report then says that between 11.7% and 23.6% of the 900,000 signatures submitted by organizers were improperly validated; if 16.4% were improperly validated, this could disqualify the amendment in four Congressional districts, per the Times.

The report further claims that OECS has opened “well more than 100” preliminary criminal investigations, which is terrifying, as advocates allege they're being politically targeted by the state for supporting abortion rights. Nowhere in the report does Byrd’s office provide evidence of alleged fraud and irregularities, nor does the report give context into the extent of alleged fraud associated with other ballot measures. The Times notes that four organizers for Amendment 4 were arrested at different points earlier this year for alleged voter fraud. But this isn't abnormal as five organizers for other ballot measures in the state were arrested for alleged voter fraud, too. Nevertheless, more than enough of Amendment 4’s signatures were validated for the ballot measure to qualify. It was also approved by the state Supreme Court. Yet, Amendment 4 is being uniquely singled out.

“This campaign has been run above board and followed state law at every turn,” Lauren Brenzel, the campaign director for Yes on 4, said in a statement. “What we are seeing now is nothing more than dishonest distractions and desperate attempts to silence voters.”

Over the weekend, Brenzel and other DeSantis critics questioned why the secretary of state's report is being released now, when Florida could have challenged the validity of the signatures and petition process back when the campaign submitted signatures in January. Byrd’s office justified the timing of the report by claiming it was produced “in advance of the upcoming legislative session.” But the report is addressed to DeSantis, Senate President Kathleen Passidomo (R), and House Speaker Paul Renner (R). Both Passidomo and Renner are lame-duck legislators, and the next legislative session doesn’t begin until March. For these reasons, state Rep. Anna Eskamani (D) told the Times it’s “clear” the DeSantis administration’s intent isn’t to inform and prepare state lawmakers for next session, but to sabotage Amendment 4 before Election Day. “It’s an attempt to mislead and confuse voters about three weeks ahead of an election,” she said. “They’re sending the report to a lame-duck speaker and Senate president.”

“Ask yourself, why is this happening now, over half a year after over 997,000 petitions were verified by the state of Florida and now with less than a month until the election they want to revisit the petition collection process?" Brenzel added. "Simply put, it’s because our campaign is winning."

Near the end of the report, it states that if the secretary of state determines that the Amendment 4 campaign "committed a violation," Byrd may "refer" the ballot measure to the state attorney general's office. The attorney general then "may institute a civil action," which could "include a permanent or temporary injunction, a restraining order, or any other appropriate order" to throw out the amendment.

The 350-page report comes as, for the last several months, DeSantis has been wielding the power of his office to try to thwart Amendment 4. Just a week ago, DeSantis threatened a local TV station with potential criminal charges for airing an ad featuring a Florida woman who had to travel out-of-state for abortion care while she had brain cancer.

Before that, in September, Florida voters said DeSantis sent police officers to their homes to question whether their signatures supporting the measure were obtained by fraud. DeSantis’ taxpayer-funded Agency for Health Care Administration also launched a webpage solely to spread disinformation about Amendment 4—the website lies that Florida’s abortion ban “protects women” and that Amendment 4 “threatens women’s safety.” On top of all of this, DeSantis is using taxpayer funding to bankroll commercials attacking Amendment 4 with anti-abortion lies on ESPN, CNN, Fox News, The Weather Channel, and more.

The Tampa Bay Times says it’s “not clear” why the state is singling out Amendment 4. But it couldn’t be clearer: DeSantis wants abortion to remain banned and criminalized in the state—and, consequently, across the South. When Florida’s six-week ban took effect in May, the region lost its last stronghold for at least some, partial abortion access. 

Polling from the last several weeks continues to show support for Amendment 4, ranging from 55% to 69% of voters, but, under Florida law, the measure will need at least 60% support to pass. And, if that fails, the DeSantis administration seems fully prepared to try and disqualify the measure.