Florida government finds fault with abortion ballot measure over ads and petitions
The Florida government is making mistakes on several fronts with an abortion rights ballot measure that Governor Ron DeSantis opposes.
This month, the state Health Department told television stations they could face criminal charges if they continue to air one Floridians Protecting Freedom ad that the government says is untrue and causes a “sanitary nuisance.” Regardless, the ad continued to run.
In addition, the Office of Election Crimes and Security released a report Friday alleging that a “large number of forged signatures or fraudulent petitions” were submitted to get the question on the ballot. The state also announced a $328,000 fine against the ballot measure group.
The group’s campaign director says the campaign has been “above board” and that the state government is acting inappropriately in attempting to defeat the amendment.
“What we are seeing now is nothing more than unfair distractions and desperate attempts to silence voters,” Lauren Brenzel said in a statement.
Florida is one of nine states with a measure on the Nov. 5 ballot to protect access to abortion. It’s the most expensive — with about $150 million in ads to date, according to media tracking firm AdImpact — and perhaps the most consequential.
That spending total includes millions spent by the Republican Party, at DeSantis’ behest, to urge voters to reject the question. It does not include spending by the state health department, including for a website that claims, “Amendment 4 threatens women’s safety.” Abortion rights advocates indicted to stop the taxpayer-funded message, but a judge ruled last month that it could continue. There has also been a legal battle over a statement on the financial impact of the ballot measure.
The measure would add an amendment to the state constitution to protect the right to abortion until the viability of the fetus, which is considered sometime after 20 weeks of pregnancy. And it may be later to preserve the woman’s life or health. The amendment would overturn a law that took effect this year that bans abortion in most cases after the first six weeks of pregnancy — before many women know they are pregnant.
The law, signed by DeSantis, changed the national abortion landscape. As a result, many women leave Florida out of state for abortions. And those from other places in the South with bans are also traveling further, rather than seeking services in Florida.
Passing the ballot measure would require the support of 60% of those voting on it. Abortion rights advocates prevailed on all seven statewide ballot measures in the US in 2022 and 2023 – but they only received three-fifths support in generally liberal California and Vermont.
An ad from Floridians Protecting Freedom shows a Florida mother describing how she was diagnosed with brain cancer at 20 weeks pregnant, before a series of state restrictions went into effect.
“The doctors knew that if I didn’t end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mother,” she said, adding that current state law would not allow the abortion she had would have allowed. received before she could start cancer treatment.
On Oct. 4, the Florida Health Department wrote WCJB-TV in Gainesville a letter claiming the ad was “categorically false” because abortion can be obtained after six weeks of pregnancy if it is necessary to save a woman’s life. rescue or “prevent a serious accident”. risk of substantial and irreversible physical impairment of an important bodily function.”
The state said it could invoke a “sanitary nuisance” law and initiate criminal proceedings against the station.
The chairman of the Federal Communications Commission has dismissed the threats. “Broadcasters’ right to speak freely is rooted in the First Amendment,” Jessica Rosenworcel said in a statement last week. “Threats against broadcast stations for broadcasting content contrary to government positions are dangerous and undermine the fundamental principle of freedom of expression.”
In a letter to TV stations, the Abortion Rights Campaign said the ad is true because the woman in the ad was diagnosed with terminal cancer. Abortion would not save her life, the group says, but rather prolong it.
Floridians Protecting Freedom says about 50 stations aired the ad and all or almost all of them received the warning — and continued to air it anyway.
Scripps, which owns four stations in Florida, said they all received the letter and kept the ad on the air. “The ads are protected by the First Amendment,” David M. Giles, the company’s chief legal officer, said in a statement Monday.
Florida Health did not respond to messages seeking comment. Nor does WCJB-TV, its owner, Gray Television, or the Florida Association of Broadcasters.
Florida’s Office of Election Crimes and Security sent a report to DeSantis and legislative leaders on Friday alleging fraud in the petition that put Amendment 4 on the ballot.
The office, formed as a result of a Act 2022, calls on state leaders to discuss “the adequacy of current legislation in addressing initiative fraud.”
The report alleges that people paid to collect signatures forged signatures and signed petitions on behalf of people who had died, and that some were illegally paid per signature collected.
The agency has fined Floridians Protecting Freedom $328,000, accusing it of violating election law. The group says it will contest the fine.
And Brenzel questioned why the state released the report now, when early voting has begun — and months after signatures were certified.
The report released Friday appears to explain what state police were doing when some showed up at voters’ homes last month ask them about signing petitions to put the abortion rights amendment to the vote.
DeSantis defended the investigation at the time. “Anyone who has filed a petition and is a valid voter has every right to do so,” DeSantis said. “We are not investigating that. What they are investigating are fraudulent petitions.”