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Last Updated: September 10, 2010 at 1:39 PM

League of Women Voters of Florida v. Browning

Case Information

Date Filed / Ended: April 28, 2008 / October 23, 2008
State: Florida
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 1:08-cv-21243); U.S. Court of Appeals for the 11th Circuit (Case 08-15156)

Issue:

Whether Florida's new voter registration laws, which regulate the handling of voter registration applications by third-party voter registration organizations, are unconstitutional under the U.S. Constitution.

Status:

Complaint filed 4/28/08. Motion to dismiss for improper venue on filed on 5/8/08 and denied on 5/29/08. Motion for Preliminary Injunction filed on 5/14/08 and denied on 8/6/08. Notice of Appeal filed 9/5/08. Case voluntarily dismissed on 10/23/08.

Court of Appeals Documents

Probable Jurisdiction Noted (9/15/08)
Appearance Form Submitted. (9/22/08)
Transcript Order Form (All Necessary Transcripts on File) (9/22/08)
Civil Appeal Statement Form (9/22/08)
Appearance Form Submitted (9/26/08)
Briefing notice issued (9/26/08)
MOT2 (Notice of court action) issued (filed 10/2/08)
E-CIP Filed (filed 10/3/08)
Certificate of Interested Persons (filed 10/6/08)
Motion to Dismiss Appeal Without Prejudice (filed 10/21/08)
Motion to Dismiss Appeal Without Prejudice is GRANTED by JT (filed 10/23/08)
Case Closed. Dismissed - Voluntarily (filed 10/23/08)
Letter to district court enclosing dismissal order issued(filed 10/23/08)
Pursuant to the appellant's motion for voluntary dismissal (joint stipulation of the parties), the appeal was duly entered dismissed on this date. (filed 10/23/08)

District Court Documents

Complaint (filed 4/28/08)
Emergency Motion for TRO (filed 4/28/08)
- Memorandum of Law in Support
Summons Issued as to Kurt S. Browning, Donald L. Palmer (filed 4/28/08)
Notice of Pendency of Other Action by all plaintiffs (filed 4/28/08)
Disclosure Statement by Florida AFL-CIO, et al. (filed 4/28/08)
ORDER setting Hearing set for 4/29/2008 04:30 PM in Miami Division before Judge Cecilia M. Altonaga (entered 4/29/08)
Minute Entry for proceedings: Motion Hearing held on 4/29/2008 re MOTION for Temporary Restraining Order, MOTION for Hearing Complaint, MOTION for Preliminary Injunction. Argument was heard on the pending motion. The parties shall submit a proposed consent order by April 30, 2008, 12:00 pm, addressing enforcement of the challenged statute. The proposed consent order shall include a briefing schedule for the motion for preliminary injunction. (entered 4/29/08)
MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Renee Paradis (filed 4/29/08)
MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Wendy Weiser (filed 4/29/08)
NOTICE of Voluntary Dismissal by American Federation of State, County and Municipal Employees, Council 79 (AFSCME) (filed 4/30/08)
ORDER granting Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Renee Paradis (entered 4/30/08)
ORDER granting Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Wendy Weiser (entered 4/30/08)
Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 5/23/2008 (entered 4/30/08)
CONSENT ORDER Staying Enforcement of Challenged Statute, Granting Withdrawal of Motion for Temporary Restraining Order, and Setting Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction a hearing is scheduled for June 19, 2008 at 8:30 a.m. before Judge Cecilia M. Altonaga (entered 4/30/08)
MOTION to Dismiss Complaint, for improper venue, or, alternatively, MOTION to Change Venue to the United States District Court for the Northern District of Florida, and Request for Expedited Treatment (filed 5/8/08)
ORDER taking under advisement Motion to Dismiss, taking under advisement Motion to Change Venue and requiring expedited briefing (entered 5/9/08) [non-document]
Plaintiff's MOTION for Leave to File Excess Pages (filed 5/14/08)
Plaintiff's MOTION for Preliminary Injunction by Florida AFL-CIO, Marilynn Wills, League of Women Voters of Florida (filed 5/14/08)
- Amended Declaration of Diane Wheatley Giliotti
- Amended Declaration of Cynthia Hall
- Amended Declaration of Marilynn Wills
- Expert Declaration of Donald P. Green
- Certificate of Service
- Proposed Order
ORDER denying Motion for Leave to File Excess Pages (entered 5/15/08)
NOTICE of Striking Plaintiff's MOTION for Leave to File Excess Pages (filed 5/15/08)
Plaintiff's MOTION for Leave to File Excess Pages (Renewed Motion) (filed 5/15/08)
- Certification of Renee Paradis
- Certificate of Service
- Proposed Order
ORDER taking under advisement Motion for Leave to File Excess Pages and requiring expedited briefing. Defendants shall file their memorandum in opposition to the Motion by Tuesday, May 20, 2008. (entered 5/16/2008)
MEMORANDUM in Opposition re MOTION to Dismiss Complaint, for improper venue, or, alternatively MOTION to Change Venue to the United States District Court for the Northern District of Florida, and Request for Expedited Treatment MOTION to Change Venue to the United States District Court for the Northern District of Florida, and Request for Expedited Treatment (filed 5/16/08)
- Declaration of Gale Dick
- Declaration of Carol Anne O'Mally
RESPONSE in Opposition re Plaintiff's MOTION for Leave to File Excess Pages (Renewed Motion) (filed 5/19/08)
ORDER granting Motion for Leave to File Brief in Support of Their Motion for Preliminary Injunction in Excess of Twenty Pages (entered 5/19/08)
REPLY to Response to Motion re MOTION to Dismiss Complaint (filed 5/20/08)
MOTION for Order Establishing Parameters for the Hearing on Plaintiffs' Motion for Preliminary Injunction (filed 5/20/08)
AFFIDAVIT of Service for Complaint served on Office of the Attorney General of Florida on 05/01/08 (filed 5/21/08)
NOTICE of Hearing (filed 5/22/08)
MEMORANDUM in Opposition re MOTION for Order Establishing Parameters for the Hearing on Plaintiffs' Motion for Preliminary Injunction (filed 5/27/08)
SCHEDULING REPORT (filed 5/27/08)
NOTICE of Filing (filed 5/27/08)
ORDER granting Motion For an Order Establishing Parameters (filed 5/27/08)
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE (filed 5/27/08)
CERTIFICATE of Counsel (filed 5/27/08)
ORDER on Discovery (filed 5/28/08)
MEMORANDUM in Opposition re Plaintiff's MOTION for Preliminary Injunction (filed 5/28/08)
- Exhibit B
- Exhibit C
ORDER denying Motion to Dismiss for Improper Venue or, in the Alternative, Motion to Transfer Action. (filed 5/29/08)
MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Melissa Mortazavi (filed 6/2/08)
ORDER granting Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings (entered 6/3/08)
REPLY to Response to Plaintiff's MOTION for Preliminary Injunction. (filed 6/6/08)
- Affidavit 1. (filed 6/6/08)
- Affidavit 2. (filed 6/6/08)
MOTION for Leave to File Reply Brief in Support of Motion for Preliminary Injunction in Excess of Ten Pages. (filed 6/6/08)
- Proposed Order. (filed 6/6/08)
Plaintiff's MOTION to Strike Memorandum in Opposition (filed 6/12/08)
ORDER granting Motion for Leave to File Reply Brief (entered 6/12/08)
Defendants' ANSWER to Complaint (filed 6/12/08)
Defendant's MOTION to Strike Expert Declarations and Motion in Limine (filed 6/13/08)
- Exhibit A (filed 6/13/08)
- Exhibit B (filed 6/13/08)
Notice of Filing Declarations in Opposition to Plaintiffs' Motion for Preliminary Injunction (filed 6/13/08)
- Bradshaw Declaration (filed 6/13/08)
- Johnson Declaration (filed 6/13/08)
- Kolodny Declaration (filed 6/13/08)
- Korman Declaration (filed 6/13/08)
- Sweat Declaration (filed 6/13/08)
MEMORANDUM in Opposition regarding Defendant's MOTION to Strike Expert Declarations and Motion in Limine (filed 6/16/08)
NOTICE of Filing Deposition Designations in Opposition to Plaintiffs' Motion for Preliminary Injunction (filed 6/16/08)
- Designation Bradshaw (filed 6/16/08)
- Designation Johnson (filed 6/16/08)
- Designation Kolodny (filed 6/16/08)
- Designation Korman (filed 6/16/08)
- Deposition Sancho (filed 6/16/08)
- Designation Snipes (filed 6/16/08)
- Designation Sweat (filed 6/16/08)
RESPONSE in Opposition regarding Plaintiff's MOTION to Strike (filed 6/17/08)
NOTICE of Filing Declaration in Opposition to Plaintiffs' Motion for Preliminary Injunction (filed 6/17/08)
- Declaration of Mari-Jo Lewis-Wilkinson (filed 6/17/08)
NOTICE of Filing Selection of Mediator (filed 6/17/08)
ORDER granting in part and denying part Motion to Strike (entered 6/19/08)
ORDER Scheduling Mediation (entered 6/19/08)
Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 6/19/2008 re Plaintiff's MOTION for Preliminary Injunction (entered 6/19/08)
Joint Notice of Filing Deposition Designations (filed 6/25/08)
- Bradshaw Deposition Designations
- Johnson Deposition Designations
- Kolodny Deposition Designations
- Korman Deposition Designations
- Sancho Deposition Designations
- Snipes Deposition Designations
- Sweat Deposition Designations
Notice of Supplemental Authority regarding Memorandum in Opposition to Motion for Preliminary Injunction (filed 6/27/08)
- Exhibit A
- Exhibit B
RESPONSE/REPLY to Notice of Supplemental Authority (filed 7/1/08)
NOTICE Regarding Declaration of Sarah Jane Bradshaw (filed 7/8/08)
TRANSCRIPT of Preliminary Injunction Proceedings held on 6/18/08 (filed 7/14/08)
TRANSCRIPT of Preliminary Injunction Proceedings held on 7/14/08 (filed 7/14/08)
Notice of Supplemental Authority regarding Memorandum in Opposition (filed 7/15/08)
- Exhibit (filed 7/15/08)
ORDER setting deadline for filing response to Notice of Supplemental Authority (entered 7/16/08)
MOTION to Strike Notice of Supplemental Authority and Response to Notice of Filing Newly Available Evidence (filed 7/21/08)
ORDER denying Motion for Preliminary Injunction (entered 8/6/08)
NOTICE OF APPEAL (filed 9/5/08)
- Exhibit A
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals (filed 9/5/08)
USCA Appeal Fees received $ 455.00 receipt number 986680 filed by League of Women Voters of Florida (filed 9/5/08)
ORDER ADMINISTRATIVELY CLOSING CASE (entered 9/9/08)

Commentary

A Poster Child for Dysfunctional Districting

Daniel P. Tokaji

Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.

more commentary...

In the News

This week: Bama voting rights case in DC courtroom on Thursday

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

more EL@M in the news...

Info & Analysis

Federal Court Finds Equal Protection Violation

In the Hunter case, involving provisional ballots in a local Ohio election from 2010, the federal district court has ordered that ballots must be counted if they are otherwise eligible if they were miscast because of poll worker error.

more info & analysis...

Major Pending Cases

more litigation...

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