DeSantis claims he’s “exempt” from law banning interference with Amendment 4

Florida Attorney General Ashley Moody argued that she and Gov. Ron DeSantis are exempt from a state law prohibiting officials from using their authority to interfere with an election, and have a right to use their power to try and defeat Amendment 4.

In response to a legal action accusing Florida Gov. Ron DeSantis and Attorney General Ashley Moody of abusing their authority in opposing Amendment 4 – the ballot initiative that would enshrine the right to abortion in the state Constitution if it gets at least 60% of the vote in November – the state’s top Republicans claims they’re exempt from a state law that bars public officials from using their “official authority or influence for the purpose of interfering with an election.”

“The executive branch is well within its rights in expressing its concerns about a proposed amendment to the state’s governing charter,” Moody’s legal team wrote on Monday.

The attorney general’s response came after Lake Worth attorney Adam Richardson asked the Florida Supreme Court to stop illegal government interference “with the people’s right to decide whether or not to approve a citizen-initiated proposal to amend their Constitution, free from undue government interference.”

In his filing, Richardson pointed to an Agency for Health Care Administration’s (AHCA) website that claims Amendment 4 “threatens women’s safety,” even though it would merely restore the previous standard of abortion rights under Roe v. Wade, which required abortion to be legal until fetal viability, the point at which the fetus is viable outside the uterus, which is usually around 24 weeks (or when necessary after that to protect a patient’s health, as determined by their healthcare provider).

RELATED: DeSantis’ administration uses taxpayer dollars in “desperate attempt” to sabotage Amendment 4

But Moody’s office said that Richardson left out parts of the law that it claims allows political activities from high-ranking state officials like DeSantis and Moody when it comes to elections.

“That broad exemption for the state’s highest-ranking officials accords with the state’s ‘right to ‘speak for itself,'” they wrote, citing another case. “The state ‘is entitled to say what it wishes,’ and to select the views that it wants to express.”

This position was supported by Liberty Counsel, a Christian ministry that engages in strategic litigation to promote evangelical Christian values, such as opposing LGBTQ rights. On Monday, it filed a brief to the court arguing that DeSantis and Moody have a First Amendment right to weigh in on Amendment 4 because the health agency’s actions are protected government speech and “not subject to First Amendment limitations applicable to regulations of private speech.” 

The DeSantis administration’s actions have received criticism from civil rights and reproductive rights groups, which have accused the state government of abusing their power to try and defeat Amendment 4.

“Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election,” Michelle Morton, staff attorney for the American Civil Liberties Union of Florida, said in a statement.

Democratic Rep. Anna V. Eskamani issued a statement to Floricua accusing DeSantis of “using state power to interfere in our most personal and private decisions.”

“This is the clearest example of why Amendment 4 is so crucial: it’s about protecting our right to make choices about our own bodies without political manipulation or government intrusion,” Eskamani said.

Floridians Protecting Freedom, the group behind Florida’s abortion rights ballot measure, also sued the AHCA in state court for its webpage and advertisement. A virtual hearing for that case is scheduled for Wednesday afternoon.

DeSantis’ repeated attacks

This is not the only effort by the state to thwart Amendment 4.

Florida voters who signed the petition to place the abortion rights measure on the ballot have found themselves face to face with police officers who visited them at home, claiming to be investigating possible petition fraud. 

Driven by DeSantis’ administration, the police investigation sought to inspect thousands of already-validated signatures for Amendment 4.

“This is nothing more than trickery by extreme politicians who fear the will of the people,” said Lauren Brenzel, campaign director for Floridians Protecting Freedom.

RELATED: Just the facts: What you need to know about Florida’s Amendment 4