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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Jacobson v. Lee

Case Information

Date Filed: May 24, 2018
State: Florida
Issue: Ballot Design
Current Court: U.S. District Court District for the Northern District of Florida (Case 18-cv-00262)

Issue:

Plaintiffs challenge Florida's law mandating that candidates of the political party of the Governor be listed first on the ballot, alleging that it gives an unfair advantage.

Status:

Complaint filed 5/24/18. Motion to Dismiss for Failure to State a Question 6/19/18. Motion for Preliminary Injunction 6/29/18.Order Denying Motion for Preliminary Injunction 7/24/18. Order Denying Motion to Dismiss 7/24/18. Answer to Complaint 8/7/18. Motion for Summary Judgment 4/8/19. Order Denying Motion for Summary Judgment 4/13/19. Final Order Following Bench Trial 11/15/19. Notice of Appeal 11/15/19. Secretary's Motion to Stay Pending Appeal 11/18/19. Order Denying Motion to Stay 11/2/6/19. Motion to Stay Pending Decision 3/28/20. Order Denying in Part and Granting in Part the Motion To Stay Pending Decision 4/3/20.

U.S. District For The Northern District Of Florida Court Documents

  • Complaint Against All Defendats pdf file (5/24/18)
  • Summons For Defendant pdf file (5/24/18)
  • Notice Of Constitutional Question pdf file (5/24/18)
  • Motion To Dismiss For Failure To State A Claim By Kenneth Detzner pdf file (6/19/18)
  • Motion To Intervene By National Republican Senatorial Committee, Republican Governors Association pdf file (6/21/18)
  • Exhibit Attachment A pdf file (//)
  • Motion For Preliminary Injunction By Plaintiffs pdf file (6/29/18)
  • Memorandum In Support re Motion For Preliminary Injunction Filed By Plaintiffs pdf file (6/29/18)
  • Affidavit (Expert Report Of Dr. Jon A. Krosnick) re Memorandum In Support Of Motion, Motion For Preliminary Injunction By Plaintiffs pdf file (6/29/18)
  • Declaration Of Ion Sancho re Memorandum In Support Of Motion, Motion For Preliminary Injunction By Plaintiffs pdf file (6/29/18)
  • Response In Opposition re Motion To Intervene Filed By Plaintiffs pdf file (6/29/18)
  • Order Granting Republican Party Organizations Motion To Intervene pdf file (7/1/18)
  • Motion To Dismiss For Failure To State A Claim By National Republican Senatorial Committee, Republican Governors Association pdf file (7/3/18)
  • Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Plaintiffs pdf file (7/3/18)
  • Response In Opposition re Motion For Preliminary Injunction Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (7/13/18)
  • Exhibit A Barber Affidavit pdf file (7/13/18)
  • Exhibit B Klick Affidavit pdf file (7/13/18)
  • Exhibit C Mortham Affidavit pdf file (7/13/18)
  • Exhibit D Gessler Affidavit pdf file (7/13/18)
  • Exhibit E Barnett Affidavit pdf file (7/13/18)
  • Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Plaintiffs pdf file (7/13/18)
  • Response In Opposition re Motion For Preliminary Injunction Secretary's Response In Opposition To Request For Preliminary Injunction Filed By Kenneth Detzner pdf file (7/13/18)
  • Exhibit Declaration Of Matthews pdf file (7/13/18)
  • Exhibit Declaration Of Lux pdf file (7/13/18)
  • Reply In Support Of Motion To Dismiss Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (7/20/18)
  • Reply In Support Of Motion To Dismiss Filed By Kenneth Detzner pdf file (7/20/18)
  • Reply In Support Of Motion For Preliminary Injunction Filed By Plaintiffs pdf file (7/20/18)
  • Second Expert Report Of Dr. Jon A. Krosnick re Reply To Response To Motion By Plaintiffs pdf file (7/20/18)
  • Declaration Of Frederick S. Wermuth In Support Of Reply In Support Of Motion For Preliminary Injunction By Plaintiffs pdf file (7/20/18)
  • Exhibit A pdf file (7/20/18)
  • Exhibit B pdf file (7/20/18)
  • Exhibit C pdf file (7/20/18)
  • Supplemental Declaration Of Ion Sancho re Reply To Response To Motion By Plaintiffs pdf file (7/20/18)
  • Declaration Of Mark Earley By Kenneth Detzner pdf file (7/20/18)
  • Reply To Response To Motion re Motion For Preliminary Injunction Sur-Reply Brief Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (7/23/18)
  • Exhibit A Barber Report pdf file (7/23/18)
  • Exhibit B Klick Report pdf file (7/23/18)
  • Reply To Response To Motion re Motion For Preliminary Injunction Amended Sur-Reply Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (7/23/18)
  • Exhibit Barber Report pdf file (7/23/18)
  • Exhibit Klick Report pdf file (7/23/18)
  • Exhibit Sancho Deposition pdf file (7/23/18)
  • Order Denying Plaintiffs' Motion For Preliminary Injunction pdf file (7/24/18)
  • Order Denying Defendant's And Defendant-Intervenors' Motions To Dismiss pdf file (7/24/18)
  • Notice Of Filing Of Official Transcript Of Proceedings Held On 7/24/2018, Before Judge Mark E. Walker pdf file (7/27/18)
  • Answer To Complaint, Florida Secretary Of State's Answer & Affirmative Defenses By Kenneth Detzner pdf file (8/7/18)
  • Answer To Complaint, By National Republican Senatorial Committee, Republican Governors Association pdf file (8/7/20)
  • Notice Of Filing Exhibits To Plaintiffs' Motion For Summary Judgment By Plaintiffs pdf file (4/8/19)
  • Ex. 1, Expert Report Of Dr. John A. Krosnick pdf file (4/8/19)
  • Ex. 2, Deposition Transcript Of Michael J. Barber, PhD. pdf file (4/8/19)
  • Ex. 3, Deposition Transcript Of Johnathan Klick, J.D. PhD. pdf file (4/8/19)
  • Ex. 4, Deposition Transcript Of Michael A. Barnett pdf file (4/8/19)
  • Ex. 5, Expert Report Of Jonathan Klick, J.D., PhD. pdf file (4/8/19)
  • Ex. 6, Deposition Transcript Of Christina White pdf file (4/8/19)
  • Ex. 7, Deposition Transcript Of Maria Matthews pdf file (4/8/19)
  • Ex. 8, Deposition Transcript Of Mark Earley pdf file (4/8/19)
  • Ex. 9, Deposition Transcript Of Paul Lux pdf file (4/8/19)
  • Ex. 10, Defendant Secretary's Responses To Plaintiffs' First Interrogatories pdf file (4/8/19)
  • Ex. 11, Defendant-Intervenors' Responses To Plaintiffs' First Interrogatories pdf file (4/8/19)
  • Ex. 12, Deposition Transcript Of Election Systems & Software pdf file (4/8/19)
  • Ex. 13, Deposition Transcript Of Dominion Voting Systems pdf file (4/8/19)
  • Ex. 14, Deposition Transcript Of Jessica Burns pdf file (4/8/19)
  • Ex. 15, Defendant-Intervenors' Amended Response To Plaintiffs' Interrogatory 2 pdf file (4/8/19)
  • Motion For Summary Judgment And Memorandum Of Law In Support Of Summary Judgment By Laurel M Lee pdf file (4/8/19)
  • Motion For Summary Judgment And Incorporated Memorandum Of Law By Plaintiffs pdf file (4/8/19)
  • Motion For Summary Judgment By National Republican Senatorial Committee, Republican Governors Association pdf file (4/8/19)
  • Response To Motion re Motion For Summary Judgment And Incorporated Memorandum Of Law Filed By Laurel M Lee pdf file (4/29/19)
  • Intervenor-Defendants' Opposition To Plaintiffs' Motion For Summary Judgment And Incorporated Memorandum Of Law Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (4/29/19)
  • Plaintiff's Consolidated Memorandum In Opposition To Defendants' Motion For Summary Judgment And Memorandum Of Law In Support Of Summary Judgment, Motion For Summary Judgment Filed By Plaintiffs pdf file (4/29/19)
  • Secretary's Reply In Support Of Her Motion For Summary Judgment Filed By Laurel M Lee pdf file (5/7/19)
  • Intervenors-Defendants' Reply In Support OF Their Motion For Summary Judgment Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (5/7/19)
  • Plaintiffs' Reply In Support Of Motion For Summary Judgment Filed By Plaintiffs pdf file (5/7/19)
  • Reply To Response To Motion re Motion For Summary Judgment And Memorandum Of Law In Support Of Summary Judgment pdf file (5/8/19)
  • Order Denying Motions For Summary Judgment pdf file (5/13/19)
  • Notice Of Filing Courtesy Copy Of Exhibits By National Republican Senatorial Committee, Republican Governors Association re Pretrial Conference - Interim pdf file (7/5/19)
  • Notice Of Supplemental Authority pdf file (7/10/19)
  • Exhibit pdf file (7/10/19)
  • Secretary's Proposed Post-Trial Order Entering Final Judgment For Defendant By Laurel M Lee pdf file (7/31/19)
  • Proposed Opinion And Order By National Republican Senatorial Committee, Republican Governors Association pdf file (7/31/19)
  • Final Order Following Bench Trial pdf file (11/15/19)
  • Notice Of Appeal pdf file (11/15/19)
  • Secretary's Motion For Stay Pending Appeal And Incorporated Meorandum Of Law By Laurel M Lee pdf file (11/18/19)
  • Notice Of Appeak As To Order pdf file (11/20/19)
  • Response In Support re Motion To Stay Pending Appeal pdf file (11/21/19)
  • Response In Opposition re Motion To Stay Pending Appeal pdf file (11/21/19)
  • Order Denying Motion For Stay pdf file (11/26/20)
  • Order Of USCA-19-14552-J As To Notice Of Appeal pdf file (12/20/19)
  • Secretary's Motion For Stay Pending Decision From Eleventh Circuit pdf file (3/27/20)
  • Response In Support re Motion To Stay Pending Decision From Eleventh Circuit Filed By National Republican Senatorial Committee, Republican Governors Association pdf file (4/31/20)
  • Response In Opposition re Motion To Stay Pending Decision From Eleventh Circuit Filed By Plaintiffs pdf file (3/31/20)
  • Order Granting In Part And Denying In Part. Defendant's Motion For Stay pdf file (4/3/20)
  • USCA Judgment #19-14552-JJ As To 210 Notice Of Appeal, Filed By Parties pdf file (4/29/20)
  • U.S. Court of Appeals for The Eleventh Circuit Documents

  • Civil Appeal Docketed pdf file (11/18/19)
  • Time Sensitive Motion To Stay Pending Appeal Filed By Florida Secretary Of State. Motion Is Opposed pdf file (12/6/19)
  • Transcript Information Form Submitted By Attorney Mohammad O. Jazil For Appellant Florida Secretary Of State pdf file (12/11/19)
  • Transcript Information Form Filed By Attorney Mohammad O. Jazil For Appellant Florida Secretary Of State pdf file (12/12/19)
  • Response To Motion To Stay Pending Appeal Filed By Appellant Florida Secretary Of State Filed By Attorney Jason Brett Torchinsky For Appellants National Republican Senatorial Committee And Republican Governors Association pdf file (12/13/19)
  • Response To Motion To Stay Pending Appeal Filed By Appellant Florida Secretary Of State Filed By Plaintiffs pdf file (12/16/19)
  • Order: Defendant-Appellants Time-Sensitive Motion For Stay Pending Appeal Is Denied pdf file (12/20/19)
  • Appellant's Brief Filed By National Republican Senatorial Committee And Republican Governors Association pdf file (1/7/20)
  • Appellant's Brief Filed By Florida Secretary Of State pdf file (1/7/20)
  • Amicus Brief As Of Right Or By Consent Of The Parties Filed By Kyle D. Hawkins For Amici Curiae States Of Texas, Alabama, Alaska, Arizona, Georgia, Indiana, Kentucky, Oklahoma, And West Virginia pdf file (1/14/20)
  • Appellee's Brief Filed By Appellees Susan Bottcher, DCCC, Democratic Governors Association, Democratic Legislative Campaign Committee, DNC Service Corporation/Democratic National Committee, DSCC, Terence Fleming, Nancy Carola Jacobson And Priorities USA pdf file (1/21/20)
  • Supplemental Authority Filed By Appellees Susan Bottcher, DCCC, Democratic Governors Association, Democratic Legislative Campaign Committee, DNC Service Corporation/Democratic National Committee, DSCC, Terence Fleming, Nancy Carola Jacobson And Priorities USA pdf file (1/29/20)
  • Exhibit A To Supplemental Authority Filed By Appellees Filed By Attorney Marc Erik Elias For Appellees Susan Bottcher, DCCC, Democratic Governors Association, Democratic Legislative Campaign Committee, DNC Service Corporation/Democratic National Committee, DSCC, Terence Fleming, Nancy Carola Jacobson And Priorities USA pdf file (1/29/20)
  • Response To Supplemental Authority Filed By Appellants National Republican Senatorial Committee And Republican Governors Association pdf file (1/30/20)
  • Reply Brief Filed By Appellants National Republican Senatorial Committee And Republican Governors Association pdf file (2/4/20)
  • Reply Brief filed By Appellant Florida Secretary Of State pdf file (2/4/20)
  • Supplemental Authority Filed By Not Parties State Of Alabama, State Of Alaska, State Of Arizona, State Of Georgia, State Of Indiana, State Of Kentucky, State Of Oklahoma, State Of West Virginia And Amicus Curiae State Of Texas pdf file (4/28/20)
  • Opinion Issued By Court As To Appellants Florida Secretary Of State, National Republican Senatorial Committee And Republican Governors Association pdf file (4/29/20)
  • Petition For Rehearing En Banc (With Panel Rehearing) Filed By Appellees Susan Bottcher, DCCC, Democratic Governors Association, Democratic Legislative Campaign Committee, DNC Service Corporation/Democratic National Committee, DSCC, Terence Fleming, Nancy Carola Jacobson And Priorities USA pdf file (5/20/20)
  • Supplemental Authority Filed By Appellees Susan Bottcher, DCCC, Democratic Governors Association, Democratic Legislative Campaign Committee, DNC Service Corporation/Democratic National Committee, DSCC, Terence Fleming, Nancy Carola Jacobson And Priorities USA pdf file (6/17/20)
  • 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. 


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    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.

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