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Last Updated: September 10, 2010 at 1:40 PM

Abramson v. Florida Elections Canvassing Commision

Case Information

Date Filed / Ended: September 8, 2008 / January 6, 2009
State: Florida
Issues: Election Contest, Recount Procedures
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 (filed 11/21/08)
- Appendix
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 (filed 12/5/08)
- Appendix
Answer Brief of Appellee William "Bill" Abramson (filed 12/5/08)
- Appendix
Appellee's Answer Brief (att'y Ronald A. Labasky)(filed 12/5/08)
Appellant's Reply Brief (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

EMERGENCY COMPLAINT FOR DECLARATORY RELIEF OR THE ALTERNATIVE TO CONTEST ELECTION (filed 9/8/08)
ANSWER OF DEFENDANTS PALM BEACH COUNT CANVASSING BOARD AND ARTHUR ANDERSON AS PALM BEACH COUNTY SUPERVISOR OF ELECTIONS (filed 9/11/08)
ANSWER AND COUNTERCLAIM (filed 9/11/08)
STATE DEFENDANTS' ANSWER TO EMERGENCY COMPLAINT (filed 9/11/08)
PLAINTIFF'S MOTION TO COMPEL RECOUNT OF BALLOTS (filed 9/12/08)
ANTI-SPOLIATION ORDER (entered 9/17/08)
ORDER PLACING RACE ON GENERAL ELECTION BALLOT (entered 9/17/08)
ORDER DIRECTING RECOUNT OF BALLOTS IN ELECTION FOR THE OFFICE OF CIRCUIT COURT JUDGE, IN AND FOR THE 15TH JUDICIAL CIRCUIT, GROUP 23 (entered 9/18/08)
LETTER TO JUDGE FRANCIS FROM MARK HERRON (filed 9/18/08)
LETTER TO JUDGE FRANCIS FROM YOUNG VAN ASSENDERP PA (filed 9/19/08)
WENNET'S MOTION FOR NEW ELECTION AND INCORPORATED MEMORANDUM OF LAW (filed 9/29/08)
STATE DEFENDANTS RESPONSE TO MOTION FOR NEW ELECTION (filed 10/2/08)
MEMORANDUM OF LAW IN OPPOSITION TO WENNET'S MOTION FOR NEW ELECTION (filed 10/2/08)
THE PALM BEACH COUNTY CANVASSING BOARD'S AND ARTHUR ANDERSON'S MEMORANDUM OF LAW IN RESPONSE TO WENNET'S MOTION FOR NEW ELECTION AND INCORPORATED MEMORANDUM OF LAW (filed 10/2/08)
LETTER TO JUDGE FRANCIS FROM JOHN T LAVIA (filed 10/3/08)
ORDER PARTIALLY LIFTING ANTI-SPOLIATION ORDER TO ALLOW FOR DISCOVERY AND PREPARATION FOR GENERAL ELECTION (entered 10/3/08)
WENNET'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION FOR NEW ELECTION (filed 10/6/08)
DECLARATORY JUDGMENT AND ORDER DENYING MOTION FOR NEW ELECTION (filed 10/20/08)
NOTICE OF HEARING 11/3 1030AM (filed 10/30/08)
LETTER TO JUDGE FRANCIS FROM JOHN T LAVIA (filed 11/5/08)
ORDER LIFTING ANTI-SPOLIATION ORDER UPON CONCLUSION OF APPEAL (filed 11/5/08)
NOTICE OF APPEAL - APPEAL TO DISTRICT COURT (filed 11/17/08)
WENNET'S EMERGENCY MOTION FOR STAY PENDING APPEAL (filed 11/17/08)
ORDER FROM DCA - APPELLEE'S SECOND AMENDED MOTION TO EXPEDITED FILED NOV 20, 08, 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 DEC 5, 08. THE REPLY BRIEF SHALL BE FILED NO LATER THAN DEC 9, 08. IN LIEU OF A RECORD ON APPEAL, THE CASE SHALL PROCEED ON AN APPENDIX FILED BY APPELLANT (entered 11/25/08)

Related EL@M Stories

Florida Primary Recount Reveals Grave Voting Problems One Month Before Presidential Election, Wired Blog, 10/7/08
Commission hands victory to challenger in disputed judicial election, South Florida Sun-Sentinel, 9/29/08
Palm Beach Ballots Down for the Count, WashingtonPost.com, 9/23/08
Accurate ballot count in Palm Beach County proves elusive, Miami Herald, 9/22/08
Yet Another Election Drama Swirls in Palm Beach County, New York Times, 9/15/08

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

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