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ORLANDO, Fla. - Florida officials announced that every proposed constitutional amendment submitted by petitioners failed to qualify for the 2026 ballot, a decision that could reshape the state’s initiative process and has prompted legal and political fallout.
Supporters of two major campaigns say the ruling was premature and vowed to continue their efforts, while critics say the outcome was expected under new state law.
What we know:
Florida’s Department of State declared that all 22 active initiative petitions did not meet legal requirements to appear on the 2026 ballot. This includes high-profile efforts such as Smart & Safe Florida’s push to legalize recreational marijuana and Florida Decides Healthcare’s campaign to expand Medicaid.
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The state’s Division of Elections reported that Smart & Safe Florida had 783,592 validated signatures, below the 880,062 needed. Florida Decides Healthcare had 75,855 validated signatures out of 90,250 submitted, also falling short of the threshold. The failure of every petition comes amid ongoing litigation over the 2025 law that significantly tightened ballot initiative requirements and penalties.
What we don't know:
It remains unclear how many signatures were rejected for specific reasons and whether any pending legal challenges could alter the validation totals. The final county-by-county validation totals have not been fully reported, and Smart & Safe Florida argues the process remains incomplete.
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It is also uncertain whether the new law’s requirements will be modified or overturned in court, and whether future petition drives can realistically meet the heightened standards.
The backstory:
The state’s move follows a 2025 law, HB 1205, signed by Gov. Ron DeSantis, which imposed stricter rules on petition gathering and increased civil and criminal penalties for violations.
The legislation was enacted after contentious and costly battles over 2024 ballot initiatives on abortion rights and recreational marijuana, both of which failed to pass the required 60% approval.
The law has been the subject of litigation almost since its signing, as supporters of ballot initiatives argued it would effectively shut down citizen-led amendments. Critics say the law’s strict provisions were designed to limit direct democracy in Florida.
Big picture view:
The outcome is likely to reshape how future ballot initiatives are mounted in Florida, raising questions about whether citizens can still realistically use constitutional amendments to influence state policy. The results also highlight a growing rift between proponents of direct democracy and state leaders who argue stricter rules are needed to prevent fraud and abuse.
At the same time, the controversy has drawn attention from law enforcement and election officials who have cited petition fraud concerns as a justification for the heightened restrictions.
What they're saying:
Supporters of the failed campaigns argue the decision is premature and politically motivated, pointing to incomplete validation totals and burdensome new requirements.
"We believe the declaration by the Secretary of State is premature, as the final and complete county-by-county totals for validated petitions are not yet reported," Smart & Safe Florida said in a statement.
"This campaign has always been about giving Florida voters a choice," said Mitch Emerson, executive director of Florida Decides Healthcare. "Floridians overwhelmingly support Medicaid expansion, and starting February 1, we’re getting back to work in communities across the state to make sure their voices are heard."
Critics say the new law was necessary and that the outcome was expected.
"The failure of every proposal was inevitable," said House Minority Leader Rep. Fentrice Driskell, D-Tampa, saying the law created "excessive civil and criminal liabilities" that made signature gathering nearly impossible.
"I think this highlights the danger of these petition gathering processes… where you have fraud in the election system," Attorney General James Uthmeier said, referring to ongoing investigations into petition fraud.
The Source: This story was written based on reporting by the News Service of Florida.