Ron DeSantis is making a concerted effort to maintain draconian limits on abortion access in Florida that have led to accusations the rightwing Republican governor is conducting a “state-sponsored intimidation campaign” against abortion rights and trampling on civil liberties in the state.
A near total ban on abortions after the first six weeks of pregnancy took effect in Florida in May after the state supreme court ruled that the right to an abortion was no longer covered by the privacy clause in the Florida constitution.
Passage of legislation called Amendment 4 would change the state constitution to prohibit government interference with the right to an abortion before the viability of a fetus, which typically begins around the 24th week of a pregnancy.
But registered voters in Florida have recently reported unannounced visits from law enforcement personnel that appear to be part of an all-out drive by DeSantis to use state government agencies and public funds to block passage of Amendment 4, which would enshrine in the state constitution a woman’s right to an abortion.
The experience of Isaac Menasche is a cautionary tale. In early September, Menasche received an unexpected visitor at his home in the Florida Gulf coast city of Fort Myers – a plainclothes detective with a badge and a folder stuffed with documents containing Menasche’s personal information.
They included copies of his driver’s license and a petition form he had signed months ago at a local farmer’s market on behalf of a campaign to qualify a pro-choice referendum for the statewide ballot in this year’s general election.
The detective who turned up on Menasche’s doorstep wanted to know why his signature on the petition form did not match the one on his driver’s license. The retired 71-year-old attorney conceded the point but explained that his signature can sometimes vary. The officer left shortly thereafter.
“The experience left me shaken,” wrote the New Jersey native on his Facebook page that same day. “It was obvious to me that a significant effort was exerted to determine if indeed I had signed the petition. Troubling that so much resources were devoted to this.”
DeSantis initially asked the Florida supreme court to declare the ballot measure unconstitutional on the grounds that its language was vague and misleading. When that ploy failed last April, DeSantis shifted gears: in July a senior official in the state government department in charge of elections announced a review for possible fraud of tens of thousands of petition signatures collected in four counties in support of Amendment 4.
In more recent weeks, the state-run Agency for Health Care Administration (AHCA) has launched a website opposing the initiative on the grounds that it “threatens women’s safety”. It has also spent millions of dollars on television ads urging Florida voters to reject the proposed amendment.
“We’re seeing a state-sponsored intimidation campaign to make Floridians scared of voicing support for abortion access,” says Keisha Mulfort, a spokesperson for the American Civil Liberties Union of Florida which filed a lawsuit earlier this month seeking to halt the AHCA’s anti-Amendment 4 media campaign.
“Florida’s leadership has made it clear they don’t trust women to make decisions about their own healthcare,” she added. “They’ll go to great lengths to demonstrate they don’t support the democratic process, including sending law enforcement personnel to the homes of private citizens.”
DeSantis recently defended the state-funded anti-amendment website and television ads as “public service announcements” similar to those produced by the Florida department of transportation to encourage safe driving.
“It’s being used by the AHCA agency to basically provide people with accurate information,” said the governor during a roundtable discussion held in a Miami suburb on 9 September. “Everything that is put out is factual. That’s been done for decades, it’s not electioneering, and it is not inappropriate at all.”
The AHCA communications office failed to respond to a list of written questions submitted by the Guardian about the agency’s website and electronic media campaign. The governor’s communications director, Bryan Griffin, turned down The Guardian’s request for an interview with DeSantis, asserting that the newspaper was “completely consumed with left wing activism and does nothing to actually inform the public.”
Under a law passed by the Republican-dominated Florida legislature, ballot measures must be approved by 60% of the electorate, and Amendment 4 proponents say they are confident of meeting that threshold in the general election scheduled for 5 November.
To bolster his case against the pro-choice amendment proposal, DeSantis has even questioned the legitimacy of passing laws through popular referendums, even though that mechanism is authorized by the state constitution.
“It takes power away from the people to be able to decide this through elections and who they elect to office and who legislates,” he told a press conference recently. “It effectively puts it in the courts, and there will be 25 years’ worth of lawsuits on what any of these terms mean.”
In a letter dated 25 January of this year, the Florida department of state’s division of elections confirmed that the six organizations in support of the pro-choice referendum had collected enough valid signatures to qualify the proposed constitutional amendment for the November ballot.
Six months later, however, a deputy secretary of that same state government department revealed in a letter that his office had received “alarming information” from the Palm Beach county supervisor of elections office about “fraudulent constitutional initiative petitions” that were submitted by 35 individuals who had been hired to collect signatures on behalf of Amendment 4.
This apparent attempt to reopen the signature validity issue was replicated in three other counties in Florida, and as of two weeks ago an estimated 36,000 signatures are currently under review by an election fraud unit that was established by legislation that DeSantis signed into law two years ago.
The Palm Beach county supervisor of elections, Wendy Sartory Link, received an email four weeks ago from that deputy secretary of state, Brad McVay, asking her office to review 17,637 petition forms that were certified as valid by her office last winter.
The elections supervisor said the request from McVay was “not a common practice” that she had encountered in the five years since she was appointed to the position by DeSantis. Link is running for re-election this year as a Democrat, and she suggested that the entire exercise might be an academic one at this juncture.
“It doesn’t really apply to us,” she said. “The initiative was certified, and it’s on our ballots.”
