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

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

more EL@M in the news...

Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

more info & analysis...