Each state has unique rules governing public activity surrounding ballot measures. Some are more demanding than others, but it’s the Sunshine State that takes the cake for having the most stringent regulations.

Florida campaign finance laws obligate any individual or group to register as an electioneering communication organization if they merely refer to a measure in any publication that goes to the general public.

The National Taxpayers Union’s (NTU’s) nonpartisan ballot guide, which provides taxpayers with background information on fiscal measures, triggers registration rules because it’s freely available at www.ntu.org.

Even though our guide doesn’t ask folks to “vote yes” or “vote no,” Florida demands that NTU file itemized disclosure forms listing details about each and every NTU member.

I’ve calculated that if it took just three minutes to look up each of our 362,000 supporters and record his/her name, address, occupation, contribution amount, and date on an official form, I would spend 754 days working nonstop to fill out all the required paperwork.

This is impracticable, considering that most ballot measures come and go in a far shorter timeframe. Even so, serious fines are set for non-compliance.

As a direct result, we’re leaving Florida off our guide blank this year, even though there are important fiscal amendments on the ballot.

Because Election Day is rapidly approaching, NTU is looking to obtain a legal injunction against these regulations. With the help of the Institute for Justice, a nonprofit, public interest law firm, we filed a federal lawsuit challenging Florida’s electioneering communication laws as a violation of our First Amendment rights.

Candidates for public office receive far more media attention than ballot measures, and we believe a rigorous public debate over initiatives should be especially welcomed. We hope the federal district court will find Florida’s speech-chilling statutes to be unconstitutional.

This entry was posted on Thursday, October 9th, 2008 at 3:51 pm and is filed under Politics .