OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Abramson v. Florida Elections Canvassing Commision

Case Information

Date Filed / Ended: September 8, 2008 / January 6, 2009
State: Florida
Issues: Election Contest, Recount Resources
Courts that Heard this Case: Leon County Circuit Court (Case 2008 CA 002944 ); Florida 1st District Court of Appeals (Case 1D08-5638 )

Issue:

Whether the court has the authority to order a recount of election results after the statutorily prescribed recount procedures have been exhausted and the Elections Canvassing Commission has certified that it is unable to determine the true vote under Florida law.

Status:

Judgment entered by Circuit Court on 10/20/08.  Notice of appeal filed 11/17/08.  Initial brief on the merits filed in Court of Appeals on 11/21/08.  Response filed on 11/21/08.  Appellee answer briefs filed 12/05/08.  Appellant's reply brief filed 12/09/08.  Court denied motion to review denial of stay pending appeal on 12/19/08. Circuit Court mandate entered 1/6/09.

District Court of Appeals Documents

  • Notice of Appeal (filed 11/17/08)
  • Motion To Expedite (as amended) (filed 11/18/08)
  • Motion To Expedite (second amended) (filed 11/20/08)
  • Initial Brief on Merits PDF (filed 11/21/08)
  • RESPONSE (filed 11/21/08)
  • Grant Expediting (entered 11/24/08) Appellee's second amended motion to expedite filed November 20, 2008, is granted. This proceeding is hereby expedited. No request for extensions of time will be granted absent a showing of emergency circumstances. The court notes that the initial brief has been filed. The answer brief shall be filed no later than December 5, 2008. The reply brief shall be filed no later than December 9, 2008. In lieu of a record on appeal, the case shall proceed on an appendix filed by appellant.
  • Answer Brief of State Appellees PDF (filed 12/5/08)
    • Appendix
  • Answer Brief of Appellee William "Bill" Abramson PDF (filed 12/5/08)
    • Appendix
  • Appellee's Answer Brief (att'y Ronald A. Labasky)(filed 12/5/08)
  • Appellant's Reply Brief PDF (filed 12/9/08)
  • Motion for review of denial of stay pending appeal (filed 12/17/08)
  • Denial of Motion (entered 12/19/08)
  • Court/Agency Mandate Cover Letter (filed 1/06/09)
  • Circuit Court Mandate (entered 1/06/09)
  • Case Permanent (entered 2/16/09)

Circuit Court Documents

Related EL@M Stories

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

Ohio voters may change way Congress lines are drawn

Professor Edward Foley was quoted in the Dayton Daily News about the potential outcomes of several cases before the U.S. Supreme Court that will address partisan gerrymandering.

“One direction is the court basically abandoning any role to try to police excessive partisanship in these maps,” Foley said. “The other fork in the road would take the federal judiciary down the path of being something of a police officer on this issue.”
 

more EL@M in the news...

Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

more info & analysis...