The Sun Sentinel
TALLAHASSEE — Backers of a proposed recreational-marijuana constitutional amendment filed a lawsuit Monday challenging directives by state elections officials that invalidated about 71,000 petition signatures.
The lawsuit, filed in Leon County circuit court by the Smart & Safe Florida political committee, came slightly more than a month before a Feb. 1 deadline to submit enough petition signatures to get on the November ballot. It also was the latest twist in legal battles about the pot proposal.
Smart & Safe Florida alleged in the lawsuit that Secretary of State Cord Byrd improperly directed county election supervisors to invalidate about 42,000 petitions signed by what are known as “inactive” voters and nearly 29,000 petitions collected by out-of-state petition gatherers.
The lawsuit said “time is of the essence,” as Smart & Safe Florida must submit at least 880,062 valid signatures to the state by Feb. 1. As of Tuesday morning, the state Division of Elections website showed 675,307 valid signatures for the proposal, which would allow people ages 21 and older to use recreational marijuana.
“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,” the lawsuit said.
Part of the lawsuit involves a Dec. 23 directive to invalidate petitions signed by inactive voters. Such voters, the lawsuit said, remain registered to vote but are considered inactive because mail sent to them was undeliverable and their addresses weren’t confirmed. Inactive voters can be removed from the voter rolls if they don’t vote in two general elections, update their registrations or request vote-by-mail ballots.
Smart & Safe Florida contends that the inactive voters’ petitions should not be invalidated because they remain registered voters
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Marijuana amendment backers fight invalidation of signatures
Safe & Smart Florida
Pursuant to the provisions of article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, the Attorney General of Florida has requested this Court’s opinion as to whether the text of the proposed amendment “Adult Personal Use of Marijuana” complies with article XI, section 3, Florida Constitution, and whether the proposed ballot title and substance comply with section 101.161, Florida Statutes. Section 16.061, Florida Statutes, requires the Attorney General, within thirty days after receipt of the proposed amendment or revision to the State Constitution by initiative petition, to petition this Court for an advisory opinion regarding compliance of the text of the proposed amendment with article XI, section 3, Florida Constitution, and compliance of the proposed ballot title and substance with section 101.161, Florida Statutes. The full text of the Attorney General’s letter is attached hereto as an exhibit and made a part thereof. IT IS, THEREFORE, the order of the Court that opponents must file their briefs on or before January 2, 2026, and serve a copy thereof on the Attorney General. Answer briefs must be filed on or before January 12, 2026. Replies by opponents must be filed by January 20, 2026. Briefs submitted will be available on the Court’s public online docket at https://acis.flcourts.gov/portal/court/68f021c4-6a44-4735-9a76-5360b2e8af13/case/cef46eec-a0b2-4dd9-b56c-70d02e031fbe. The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, February 5, 2026. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
