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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Democratic Senatorial Campaign Committee v. Ertel

Case Information

Date Filed: November 13, 2018
State: Florida
Issue: Improper Election Administration
Courts that Heard this Case: District Court for The Northern District of Florida (Case 4:18-cv-00526)

Issue:

Whether Florida's ballot-counting rules subject voters to disparate treatment and arbitrary disenfranchisement in violation of the Fourteenth Amendment's Equal Protection Clause and the prohibition against undue burdens on the right to vote in the First and Fourteenth Amendments

Status:

Complaint filed 11/13/18. Emergency Motion for TRO filed 11/13/18. Motion to Intervene granted 11/14/18. Preliminary injunction denied 11/15/18. Status Report filed 12/14/18. Defendant is substitued from Detzner to Ertel filed 1/9/18. Notice of voluntray dismissal by plaintiffs DSCC and Bill Nelson filed 1/18/19. This case is dismissed without prejudice under Federal Rule of Civil Procedure filed 1/22/19.


 

District Court Documents

  • Complaint pdf file (11/13/18)
  • Plaintiffs' Emergency Motion for Temporary Restraining Order pdf file (11/13/18)
  • Emergency Motion to Intervene pdf file (11/13/18)
  • Order Granting Motion to Intervene pdf file (11/14/18)
  • Response in Opposition to Restraining Order filed by NRSC pdf file (11/15/18)
  • Response in Opposition to Restraining Order filed by Detzner pdf file (11/15/18)
  • Reply in Support of Motion for Temporary Restraining Order pdf file (11/15/18)
  • Motion to Intervene pdf file (11/15/18)
  • Memorandum in Opposition pdf file (11/15/18)
  • Order Granting Motion to Intervene pdf file (11/15/18)
  • Order Denying Preliminary Injunction pdf file (11/15/18)
  • Motion to Withdraw the Ron Desantis for Governor as Intervenor pdf file (12/5/18)
  • Status Report pdf file (12/14/18)
  • Order Substituting Party pdf file (1/9/19)
  • Status Report pdf file (1/15/19)
  • Notice of Voluntary Dismissal pdf file (1/18/19)
  • Order Closing File pdf file (1/22/19)
  • Clerk's Judgement pdf file (1/22/19)
  • 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.

    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

    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.

    more info & analysis...