Democrats tease legal battle against state messaging opposing Amendment 4

Florida Democratic Party Chair Nikki Fried outside the Florida Supreme Court on Feb. 7, 2024. (Photo credit: Mitch Perry/Florida Phoenix)

Florida Democrats said Monday that they’re exploring legal options against the use of state funds for messaging in opposition to the proposed abortion-rights amendment, but Gov. Ron DeSantis insists the state efforts are just public service announcements.

Although the party has not decided on a specific course of action, FDP Chair Nikki Fried said the Dems are looking into obtaining an injunction against the state agency website that emerged on Thursday alleging that Amendment 4 “threatens women’s safety.”

“All corners of our state are evaluating both the federal, state, local, and legislative opportunities that we may have to bring light to the situation and get an injunction as far as the website and the usage of state dollars towards this propaganda, because that’s exactly what this is,” Friend said.

“So, I know that within a very short period of time, you’ll be hearing more from all of us about the actual courses of action.”

Outrage from Democrats erupted when the Florida Agency for Health Care Administration unveiled the webpage that the agency’s secretary claimed is meant to “combat lies and disinformation surrounding Florida’s abortion laws.” The agency mirrored DeSantis’ own messaging against Amendment 4, including that the language is too vague.

The Democrats on Friday submitted a public records request to AHCA seeking more information about the development of the webpage. Orange County Democratic Rep. Anna Eskamani said the records are the first step to understanding how the webpage came to be.

“You can expect there to be legal battles, without a doubt. But I think the focus that needs to maintain, as the chair said, is ‘Yes on 4,’ because we’re less than 60 days away from Nov. 5, and, despite distractions and the chaos that anti-abortion extremists are creating, we also have to stay focused on what’s in front of us,” she said.

DeSantis says it’s just a PSA

Meanwhile, DeSantis dismissed the backlash, saying during a roundtable discussion in Miami Lakes on Monday that state agencies issue public service announcements routinely.

“We have resources to do public service announcements across a wide variety of fronts. That goes to the Department of Transportation, for example, on safe driving,” he said.

“It’s being used by the AHCA agency to basically provide people with accurate information, and I think that that’s something that’s really important because, quite frankly, a lot of people don’t usually get that in the normal bloodstream. So, everything that’s put out is factual. It is not electioneering.”

Amendment 4 needs 60% approval from voters to pass.

On Monday morning, AHCA posted on X a video directing people to the website with messaging against Amendment 4. While the video does not mention the abortion-rights amendment, it states that women can’t go to jail for having an abortion in Florida and that abortions are legal in cases of rape or incest.

However, those exceptions only apply to pregnancies up to 15 weeks and require the person to provide documentation such as a police report.

State is looking into fraud within petition signatures

With just two months until voters can decide whether they want to protect abortion access in the state Constitution, the Florida Department of State has moved to investigate signatures gathered to place Amendment 4 on the ballot, even going to people’s homes to question whether they actually signed the petition, according to the Tampa Bay Times .

In a statement on Monday, the Department of State announced that it had uncovered evidence of illegal conduct including fraudulent petitions. During the roundtable, DeSantis mentioned the people who were arrested this year on charges of forging signatures in favor on Amendment 4.

“They’re ensuring that anyone that broke the law is going to be held accountable. Our tolerance in the state of Florida for any type of election-related fraud is zero,” DeSantis said.

“We are not going to put up with it. And so, if they identify, they have identified examples that are going to be referred to the Florida Department of Law Enforcement. Those are going to be pursued.”

The state already verified in January the signatures that got the amendment on the ballot.

Democratic Congresswoman Debbie Wasserman Schultz of South Florida said her office is looking into whether a federal voting rights investigation is appropriate.

“This police intimidation tactic is clearly intended to chill the democratic process,” she said during the press conference. “If Republicans can’t win in the court of opinion or in the ballot booth, they stoop to police threats to stand in the way of women and their doctors making health care decisions. This latest intimidation tactic raises federal civil rights concerns.”