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

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

more commentary...

In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

more EL@M in the news...

Info & Analysis

Fourth Circuit Issues Opinion in North Carolina Case, Blocking Part of New Voting Law

Today the Fourth Circuit U.S. Court of Appeals issued an opinion blocking some of the recently enacted changes to North Carolina voting law including the elimination of same day voter registration. The case is North Carolina NAACP v. McCrory.

more info & analysis...