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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)
  • 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)
  • Commentary

    Edward B. Foley

    The Gerrymandering Cases

    Edward B. Foley

    A memo analyzing the First Amendment and Article I issues, explaining why the latter is the better basis for judicial review of congressional gerrymanders.

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    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. 


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    Info & Analysis

    U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

    Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

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