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Federal judge blocks new Florida law restricting ballot initiative petition campaign contributions to $3,000 max per individual

Orlando Sentinel: “A federal judge on Thursday blocked a new law that would cap contributions to political committees backing ballot initiatives, saying the law runs afoul of the First Amendment. The law, passed by the Republican-dominated Legislature this spring and signed by Gov. Ron DeSantis, would impose a $3,000 limit on contributions to political committees collecting petition signatures to place proposed constitutional amendments on the ballot. The law came to be nicknamed the ‘John Morgan law’ because of the Orlando attorney’s financing of successful medical marijuana and minimum wage amendments to the tune of millions of dollars.”

“‘Citizens United made this law blatantly unconstitutional, yet our Governor, a very smart lawyer, signed it,’ Morgan said, referring to the Supreme Court decision that gave wide leeway for campaign contributions. ‘Democracy is under attack in all 50 states. Many would prefer an autocracy to a democracy.’ Relying on previous court decisions, U.S. District Judge Allen Winsor issued a preliminary injunction as he found the law (SB 1890), which was slated to go into effect on Thursday, improperly curtails political speech. ‘First, contributions to political committees that advocate for ballot initiatives are ‘beyond question a very significant form of political expression,’’ Winsor wrote, partially quoting from legal precedent. The state ‘bears the burden of justifying restrictions on political expression by advancing at least ‘a significantly important interest’ that is ‘closely drawn to avoid unnecessary abridgment of associational freedoms,’’ Winsor, who was appointed by former President Donald Trump, wrote.”

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