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Florida officials criticize abortion ballot initiative due to advertising and petition issues

Florida’s administration has expressed criticism regarding various aspects of a proposed amendment aimed at protecting abortion rights, which Governor Ron DeSantis opposes.

Recently, the state’s health department has warned television networks that they might face criminal charges if they continue to broadcast an advertisement from the group Floridians Protecting Freedom, claiming the ad is misleading and results in a “sanitary nuisance.” Despite these warnings, the advertisement continues to air.

Additionally, the Office of Election Crimes and Security released a report on Friday alleging that a significant number of forged signatures and fraudulent petitions were submitted to qualify the amendment for the ballot. The state has also imposed a fine of $328,000 on the group associated with the ballot measure.

The campaign director for Floridians Protecting Freedom contended that the initiative has been conducted transparently and accused the government of taking improper actions to hinder the amendment’s progress.

“What we are witnessing now is merely dishonest diversions and desperate attempts to suppress voter voices,” Lauren Brenzel stated.

The push for abortion rights in Florida carries considerable implications.

Florida stands among nine states with a measure on the Nov. 5 ballot intended to safeguard access to abortion. It is the most costly initiative, with approximately $150 million allocated for advertising to date, as reported by media tracking firms. This figure includes millions spent by the Florida Republican Party to discourage voters from supporting the amendment at DeSantis’ direction. The spending tally does not account for expenditures by the state health department for initiatives that claim, “Amendment 4 threatens women’s safety.” Legal actions have been taken by abortion-rights advocates to halt the use of taxpayer funds for this messaging, although a judge ruled that it could continue. Additionally, there has been ongoing legal contention regarding disclosures about the financial implications of the ballot measure.

The proposed amendment seeks to include in the state constitution the right to access abortion services until fetal viability, typically estimated to be over 20 weeks into pregnancy. It would also allow for later abortions if required to protect the woman’s health or life. This measure would effectively overturn a law enacted this year banning most abortions after the first six weeks of pregnancy—before many women even realize they are pregnant.

This law, signed by DeSantis, brought significant changes to the national landscape concerning abortion. Consequently, numerous women from Florida have begun to seek abortion services in other states. Women from neighboring Southern states with similar restrictions are also traveling farther to obtain the necessary services rather than looking for options in Florida.

For the proposed amendment to be approved, it requires the backing of 60% of voters. Abortion-rights advocates successfully won all seven statewide ballot propositions across the country in both 2022 and 2023, however, they only managed to secure three-fifths support in generally liberal regions such as California and Vermont.

With one of its ads, the group Floridians Protecting Freedom features a Florida mother who recounts her diagnosis of brain cancer when she was 20 weeks pregnant, before the implementation of certain state restrictions.

“The medical professionals informed me that if I didn’t terminate my pregnancy, I would lose my baby, my life, and my daughter would lose her mother,” she states, emphasizing that the current law would have forbidden her from obtaining the abortion necessary for her life-saving treatment.

On October 4, the Florida Health Department sent a letter to Gainesville’s WCJB-TV claiming that the ad was “entirely false,” arguing that abortions can be performed after six weeks’ gestation if it is essential for saving the woman’s life or preventing significant and irreversible harm to her physical health.

The agency indicated that it could cite a “sanitary nuisance” law to begin criminal proceedings against the station.

The chair of the Federal Communications Commission criticized these threats, stating, “The fundamental right of broadcasters to express themselves freely is enshrined in the First Amendment… Threats against broadcasters for airing content that contradicts the government’s stance are alarming and undermine the foundational principle of free speech.”

In response to the state’s claims, the abortion-rights campaign asserted that the ad is factual since the woman featured was diagnosed with terminal cancer. They argue that while abortion would not directly save her life, it could extend it.

Floridians Protecting Freedom mentioned that approximately 50 stations aired the ad, and most received warnings from the state but continued to broadcast it regardless.

The Florida Health Department has not commented on this situation. Similarly, WCJB-TV, its owner Gray Television, and the Florida Association of Broadcasters have not provided responses.

Recently, the Office of Election Crimes and Security submitted a report to DeSantis and legislative leaders alleging fraudulent activities in the petition efforts for Amendment 4. The office was established in response to a 2022 law and is urging state leaders to review the adequacy of existing laws regarding initiative petition fraud.

The report claims that some petitioners were compensated to gather signatures, forged signatures, signed on behalf of deceased individuals, and some were improperly paid per signature collected.

The agency has levied a fine of $328,000 against Floridians Protecting Freedom for violating election rules, a decision the group plans to contest.

Brenzel questioned why the state released this report during the early voting period, especially so long after the signatures had been certified.

This report appears to clarify the investigations conducted by state law enforcement, as several officials visited voters’ homes last month to ask them about their involvement in signing petitions for the abortion-rights amendment.

At that time, DeSantis backed the investigation, asserting, “Individuals who submitted a petition as valid voters are entirely entitled to do so. We are not investigating that. They are probing into fraudulent submissions.”

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