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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Democratic Executive Committee of Florida v. Ertel

Case Information

Date Filed: November 8, 2018
State: Florida
Issues: Provisional Ballots, Absentee Ballots
Current Court: U.S District Court of Northern District of Florida (Case 4:18-cv-00520)

Issue:

Whether Florida's Secretary of State violated the Equal Protection rights of voters by rejecting vote-by-mail and provisional ballots on the basis of an allegedly "standardless signature matching process"

Status:

Complaint filed 11/8/18. Emergency Motion for TRO filed 11/8/18. Preliminary Injunction granted 11/15/18. Appeal from the U.S District Court Docketed 11/15/18. Motion to hold case in abeyance filed 1/2/19. Motion to hold case in abeyance is denied filed 1/11/19. Defendant changed from Detzner to Ertel. Order denying motiont to dismiss as moot filed 2/15/19.

District Court Documents

  • Complaint pdf file (11/08/18)
  • Plaintiff's Emergency Motion for Temporary Injunction and Restraining Order pdf file (11/08/18)
  • Memorandum of Law pdf file (11/08/18)
  • The National Republicans Senatorial Committee's Emergency Motion to Intervene pdf file (11/09/18)
  • Unopposed Emergency Motion for Leave to Appear Pro Hac Vice pdf file (11/09/18)
  • Unopposed Emergency Motion for Leave to Appear Pro Hac Vice pdf file (11/09/18)
  • Attorney General of Florida's Emergency Motion to Intervene pdf file (11/09/18)
  • Emergency Motion for Leave to Appear Pro Hac Vice pdf file (11/09/18)
  • Response in Opposition to Motion for Temporary Restraining Order pdf file (11/10/18)
  • Memorandum in Opposition to Plaintiffs' Emergency Motion pdf file (11/12/18)
  • Affidavit in Support of Motion pdf file (11/12/18)
  • Attorney General's Brief in Opposition to Emergency Motion pdf file (11/12/18)
  • Affidavit Memorandum in Support of Motion of Daniela Ferro pdf file (11/13/18)
  • Affidavit in Support of Motion of Patrick Murphy pdf file (11/13/18)
  • Order Granting Preliminary Injunction pdf file (11/15/18)
  • Emergency Motion Requesting Order for Secretary to Issue List of Ballots pdf file (11/15/18)
  • Response in Opposition to Emeregency Motion pdf file (11/15/18)
  • Supplement to Order Granting Motion for Preliminary Injunction pdf file (11/19/18)
  • Motion to Hold Case in Abeyance pdf file (1/2/19)
  • Plaintiffs' Opposition to Defendant's Motion to Hold Case in Abeyance pdf file (1/2/19)
  • Order Denying Motion to Hold Case in Abeyance pdf file (1/11/19)
  • Intervenor-Defendant Answer to Complaint pdf file (1/30/19)
  • Secretary and Attorney General's Joint Motion to Dismiss for Failure to State Claim pdf file (1/31/19)
  • First Amended Complaint for Injunctive and Declaratory Relief pdf file (2/14/19)
  • Order Denying Motion to Dismiss as Moot pdf file (2/15/19)
  • Joint Status Report pdf file (2/19/19)
  • Senatorial Committee's Answer to First Amended Complaint pdf file (2/28/19)
  • Rule Report of Rule 26 pdf file (2/28/19)
  • Attorney General's Report to Frist Amended Complaint pdf file (2/28/19)
  • Joint Status Report pdf file (3/20/19)
  • Joint Status Report pdf file (4/22/19)
  • Order for Pending Legislation pdf file (5/6/19)
  • Rule 26 Expert Disclosure pdf file (5/6/19)
  • Joint Motion for Protective Order pdf file (5/20/19)
  • Order Granting Protective Order pdf file (5/20/19)
  • Status Report pdf file (5/23/19)
  • Unopposed Motion for Temporary Stay of Discovery pdf file (5/28/19)
  • Order Granting Unopposed Motion pdf file (5/29/19)
  • Unopposed Motion to Extend Temporary Stay pdf file (6/13/19)
  • Order Granting Motion pdf file (6/13/19)
  • Joint Status Report pdf file (6/24/19)
  • Motion for Judgment on the Pleadings pdf file (7/1/19)
  • Motion for Voluntary Dismissal pdf file (7/2/19)
  • Memorandum Regarding Senate Bill pdf file (7/8/19)
  • Response in Opposition to the Motion for Judgment on the Pleadings pdf file (7/12/19)
  • Response to Plaintiffs' Motion for Voluntary Dismissal pdf file (7/16/19)
  • Court of Appeals for the Eleventh Circuit

  • Appeal from the United States District Court pdf file (11/15/18)
  • Appeallant's Emergency Motion for a Stay and Motion to Expedite pdf file (11/15/18)
  • Appeallant's Response to Order Requesting Briefing pdf file (11/15/18)
  • Appeallees' Response to Jurisdictional Question pdf file (11/15/18)
  • Response in Opposition to Intervenor-Defendant Emergency Motion pdf file (11/15/18)
  • Brief in Support of Appellants and a Stay Pending Appeal pdf file (11/15/18)
  • Appeal from the United States District Court pdf file (11/30/18)
  • Order pdf file (2/15/19)
  • Secretary's Response to Court's Feb 22nd Order Posing Jurisdictional Question pdf file (3/25/19)
  • Defendant-Appellant National Republicaion Senatorial Committee's Response to Jurisdictioanl Questions and Motion to Vacate pdf file (3/25/19)
  • Florida Attorney General's Jurisdictional Brief pdf file (3/25/19)
  • Response to Plaintiffs-Appellees' Motion for Leave pdf file (4/15/19)
  • Opposition to Motion for Leave pdf file (4/15/19)
  • Reply to Defendants-Appellants' Responses to Motion for Leave pdf file (4/19/19)
  • Response to Defendants-Appellants' Responses to Motion for Leave pdf file (4/23/19)
  • Order pdf file (6/17/19)
  • Plaintiffs-Appellees' Jurisdictional Brief pdf file (6/17/19)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...