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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 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 (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

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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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.

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