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Last Updated: October 17, 2012 at 1:03 PM

Florida v. US

Case Information

Date Filed: August 1, 2011
State: Florida
Issues: Voter Registration, Early Voting
Courts that Heard this Case: The United States District Court for the District of Columbia (Case 1:11-cv-1428 )

Issue:

Whether certain sections of Florida's newly-passed voting reforms violates Section 5 of the Voting Rights Act.

Status:

Complaint filed 8/01/11. Answer filed 10/19/11. Motion for Summary Judgment filed 5/23/12. Opinion issued 8/16/12. Joint Status Report filed 9/25/12.

District Court Documents

Complaint (filed 8/1/11)
Application for 3-Judge Court (filed 8/1/11)
Order Granting 3 Judge Panel (filed 8/9/11)
Motion for Leave to Intervene by Sullivan (filed 8/30/11)
Motion to Intervene by La Raza and League of Women Voters (filed 9/9/11)
Attorney General's Response to Motion to Intervene (filed 9/13/11)
State of Florida's Opposition to Motion to Intervene (filed 9/16/11)
NAACP's Motion in Support of Intervention (filed 9/20/11)
La Raza's Motion in Support of Intervention (filed 9/23/11)
Amended Complaint for Declaratory Judgment (filed 10/11/11)
Answer to Complaint (filed 10/19/11)
Order Granting Motion to Intervene (filed 10/19/11)
Answer to Complaint by NAACP (filed 10/19/11)
Answer to Complaint by La Raza (filed 10/19/11)
Second Amended Complaint (filed 10/25/11)
Answer to Second Complaint by NAACP (filed 10/28/11)
Answer to Second Complaint by Attorney General (filed 10/28/11)
Motion for Protective Order on Governing Confidential Information (filed 12/22/11)
Order Granting Motion for Protective Order (filed 12/29/11)
Notice of Ancillary Proceedings (filed 1/25/12)
Motion to Compel the Deposition of Florida Secretary of State Browning (filed 2/13/12)
Opposition to Motion to Compel the Deposition of Florida Secretary of State Browning (filed 2/14/12)
Reply to Opposition to Motion to Compel the Deposition of Florida Secretary of State Browning (filed 2/15/12)
Opinion and Order Regarding Motion to Compel the Deposition of Florida Secretary of State Browning (filed 2/16/12)
Jointly Stipulated Facts (filed 3/05/12)
Stipulation of Dismissal of Second Amended Complaint (filed 3/23/12)
Joint Stipulated Facts (filed 4/13/12)
Proposed Findings of Fact (filed 5/3/12)
Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 1 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 2 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 3 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 4 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 5 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 6 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 7 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 18 Part 8 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 19 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 20 Part 1 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 20 Part 2 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 20 Part 3 to Reply to Proposed Findings of Fact (filed 5/18/12)
- Appendix Volume 20 Part 4 to Reply to Proposed Findings of Fact (filed 5/18/12)
State of Florida's Motion for Summary Judgment on Counts 5 and 6 (filed 5/23/12)
United States' and Defendant-Intervenors' Joint Reply Concerning Proposed Findings of Fact (filed 5/24/12)
United States' Motion to Modify Scheduling Order (filed 5/31/12)
U.S. Sen. Bill Nelson's Motion for Leave to File Amicus Curiae Brief (filed 6/1/12)
Defendant-Intervenors' Notice of Ancillary Proceedings (Browning) (filed 6/1/12)
Florida's Opposition for Leave to File Amicus Curiae Brief (filed 6/1/12)
Court Order on Motion to Modify (filed 6/5/12)
Bill Nelson's Reply Memorandum (filed 6/5/12)
Defendant-Intervenors' Statement Describing the Effects of the Browning Court's Order (filed 6/12/12)
Florida's Statement Regarding Browning Court's Order (filed 6/12/12)
United States' Statement Regarding Browning Court's Order (filed 6/12/12)
Court Order Denying Senator Nelson's Motion to File an Amici Curiae Brief (filed 6/14/12)
Sen. Nelson's Renewed Motion for Leave to File Amicus Curiae Brief (filed 6/15/12)
United States' Response to Court's June 13 Order (filed 6/18/12)
Scheduling Order (filed 6/22/12)
Brief of Sen. Bill Nelson as Amicus Curiae in Support of Defendants (filed 6/22/12)
Memorandum of Law Supporting Defendants' Motion for Summary Judgment (filed 6/25/12)
Defendants' Motion for Summary Judgment (filed 6/25/12)
Memorandum of Points and Authorities in Response to Florida's Motion for Summary Judgment (filed 6/25/12)
Defendant-Intervenors' Cross-Motion for Summary Judgment (filed 6/25/12)
Defendant-Intervenors' Statement Regarding Court's Authority to Grant Conditional Preclearance (filed 6/29/12)
United States' Notice in Response to June 22, 2012 Court Order (filed 6/29/12)
- 1997 Texas VRA Material (filed 6/29/12)
- 1999 Alabama VRA Material (filed 6/29/12)
- 2002 Alabama VRA Material (filed 6/29/12)
- 2003 Texas VRA Material (filed 6/29/12)
- 2005 Texas VRA Material (filed 6/29/12)
- 2006 Florida VRA Material (filed 6/29/12)
- 2009 Texas VRA Material (filed 6/29/12)
- 2011 Georgia VRA Material (filed 6/29/12)
Notice of Filing of Documents Related to Inter-County Address Changes at the Polls (filed 6/29/12)
United States' Response to Section 3c of June 22, 2012 Court Order (filed 6/29/12)
Florida's Position on Court's Authority to Grant Conditional Preclearance (filed 6/29/12)
Notice of Appeal of Preliminary Injunction in Browning (filed 7/3/12)
Florida's Response to Court Order (filed 7/6/12)
Defendant-Intervenors' Supplemental Brief Regarding Preclearance Standards (filed 7/6/12)
Defendant-Intervenors' Supplemental Brief Regarding Early Voting Hours Changes (filed 7/6/12)
United States' Response to Court Order (filed 7/6/12)
United States' Response Regarding Preclearance (filed 7/6/12)
Reply Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment (filed 7/9/12)
Consolidated Reply Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment (filed 7/20/12)
Reply Memorandum of Points and Authorities in Support of Defendant-Intervenors' Cross Motion for Summary Judgment (filed 7/20/12)
Motion for Leave to Amend the Complaint (filed 8/10/12)
Scheduling Order (filed 8/13/12)
Florida's Third Amended Complaint (filed 8/15/12)
Court Order Entering Judgments on Counts 2 and 3 (filed 8/16/12)
Per Curiam Opinion (filed 8/16/12)
United States' Notice to the Court (filed 8/22/12)
Motion to Amend Complaint and Supporting Memorandum (filed 8/22/12)
Motion for Judgment on Count 4 (filed 8/22/12)
Motion to Shorten Time to Respond (filed 8/27/12)
United States' Opposition to Florida's Motion to Shorten Time to Respond (filed 8/28/12)
Stipulation of Dismissal as to Count One (filed 8/28/12)
Declaration of Harry L. Sawyer (filed 8/31/12)
United States' Response to Florida's Motion for Judgment on Count 4 (filed 9/5/12)
Court Order on Administrative Preclearance Review (filed 9/6/12)
Notice of Submission of Early Voting Changes for Administrative Preclearance (filed 9/7/12)
Notice of Attorney General's Determination on Florida's Submission (filed 9/12/12)
Joint Status Report (filed 9/25/12)
Stipulation of Dismissal (filed 10/15/12)
Final Judgment and Order (filed 10/16/12)

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

more litigation...

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