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State of Florida fires back in Amendment 3 lawsuit

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TALLAHASSEE, Fla. – Amendment 3 on Florida’s ballot would drastically change primary elections, making political parties less relevant.

A last-minute bipartisan challenge seeking to invalidate the amendment is drawing fire from the Secretary of State. In a blistering response, the state calls the lawsuit too little too late.

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More than 3.6 Floridians had cast their ballots as of Wednesday morning, including votes for and against Amendment 3. But whether those votes will count at all is still up in the air.

RELATED: Get informed about ballot issues with our Voter’s Guide

A lawsuit filed last week seeks to have the amendment stricken from the ballot, arguing it will make it harder in the future for minorities to get elected.

“It’s just too easy for parties to figure out how to manipulate the ballot, and it’s not fair representation, and minorities end up losing,” said State Sen. Janet Cruz, D-Tampa.

Now the state is firing back. In its response, the state argues the pandemic already makes this election difficult and that not counting Amendment 3 votes would confuse voters.

All Voters Vote Chair Glen Burhans said the state’s response is dead on.

“The reports the lawsuit is based on bear no indicia of reliability," Burhans said. “Now, that’s fancy lawyer talk for saying it’s a sham. And it is a sham. And the lawsuit represents an abuse of the process.”

Both Republicans and Democrats behind the lawsuit say the arguments were expected.

“There have been times that amendment have been stricken after voters have voted, after elections are over,” Cruz said.

In March, the Florida Supreme Court said the amendment was not misleading and that had it met other requirements to be on the ballot. The plaintiffs' response is due Friday, with a decision expected quickly.

The All Voters Vote campaign believes just the presence of the lawsuit has already confused some voters.

The group said fears of less minority representation are not founded since lawmakers will redraw districts before the amendment takes effect in 2024.


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