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by Grace Bellinghausen
TALLAHASSEE, Fla. (CBS12) — Florida’s secretary of state wants a judge to dismiss a lawsuit after the state rejected about 71,000 signatures for a proposed recreational marijuana amendment.
Attorneys for Florida Secretary of State Cord Byrd say the judge is justified in invalidating roughly 42,000 signatures from “inactive” voters and nearly 29,000 gathered by out-of-state petition collectors, according to CBS12 partners at the South Florida Sun Sentinel.
The lawsuit, filed Dec. 29 by Smart & Safe Florida, comes as the group races to meet a Feb. 1 deadline to submit at least 880,062 valid signatures to qualify for the November ballot. State election records on Tuesday showed 675,307 verified signatures, though Smart & Safe Florida told the Sun Sentinel that more than 1 million voters signed petitions supporting the proposal.
See also: Florida lawmakers convene for 2026 legislative session
Byrd’s attorneys said removing signatures from inactive voters is legitimate and aligns with Florida’s efforts to prevent petition fraud. In a statement obtained by the Sun Sentinel, they argued:
Smart & Safe Florida counters that the signatures are from registered voters and should be counted regardless of activity status. The group’s lawsuit notes:
The legal battle also centers on out-of-state petition gatherers. Florida law bars non-residents from collecting signatures, a rule Smart & Safe Florida challenged in federal court. In July, U.S. District Judge Mark Walker issued a preliminary injunction blocking enforcement. During that injunction, the group used out-of-state petitioners. But in September, a panel of the 11th U.S. Circuit Court of Appeals stayed Walker’s order, allowing the law to be enforced while the case continues.
Smart & Safe Florida alleges the Secretary of State’s office improperly invalidated petitions collected during the injunction period, arguing that those gatherers were lawfully registered at the time. State attorneys dispute that claim, saying Walker’s injunction did not temporarily make out-of-state circulators eligible.
Smart & Safe Florida also backed a 2024 recreational marijuana amendment that failed to reach the required 60% approval, after Gov. Ron DeSantis led opposition. A 2025 law is now being cited to challenge the group’s current efforts.
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