Eleventh Circuit Stays Order of U.S. District Court that Enjoined Florida’s Residency Requirement for Initiative Circulators

On September 9, the Eleventh Circuit voted 2-1 to stay the order of the U.S. District Court that enjoined a new Florida residency requirement for initiative petitioners. The vote was 2-1. The majority consists of Judges Elizabeth L. Branch and Barbara Lagoa, Trump appointees. The dissent is by Judge Nancy Abudu, a Biden appointee. Florida Decides Healthcare v Byrd, 25-12370.

This result is shocking, because residency requirements for petitioners have been struck down in so many states. Both the majority and the dissent list the decisions of U.S. Courts of Appeals, but they don’t mention the many cases decided in U.S. District Courts.

The majority say the new Florida residency requirement is likely constitutional, although that has not yet been formally decided. Here is the order.

Here is a newspaper story about the case.

Here is a copy of the law. House Bill 1205 (2025).


Comments

Eleventh Circuit Stays Order of U.S. District Court that Enjoined Florida’s Residency Requirement for Initiative Circulators — 4 Comments

  1. EACH USA STATE IS A ***NATION-STATE***.

    INTERNAL ELECTIONS – EXTERNAL OTHERS- NOYB

    BALLOT ACCESS PETITIONS ARE *NOT* 1 AMDT PETITIONS

  2. Perhaps circulating petitions doesn’t have to be the only way to propose an initiative. Maybe qualified political parties could propose initiatives at their conventions, and if the parties have a certain number or percentage of registered voters, their initiatives could be put on the ballot.

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