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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Nielsen v. DeSantis

Case Information

Date Filed: May 4, 2020
State: Florida
Issue: Improper Election Administration
Current Court: U.S. District Court for the Northern District of Florida (Case 4:20-cv-00236-MW-MJF )

Issue:

Plaintiffs are arguing that Florida's handling of the election during the pandemic is improper due to Florida’s failure to provide prepaid postage for vote-by-mail ballots, its requirement that vote-by-mail ballots be received by 7 p.m. on Election Day, and its prohibition on the use of paid organizers to assist voters with collecting ballots. 

Status:

 Complaint filed 5/4/20. 

U.S. District of Northern Florida Court Documents

  • Complaint For Injunctive And Declaratory Relief pdf file (5/4/20)
  • Notice Of Similar Case pdf file (5/4/20)
  • Motion To Consolidate Cases By Ron Desantis pdf file (5/19/20)
  • First Amended Complaint Against All Defendants pdf file (5/20/20)
  • Motion To Intervene By Republican Organizations pdf file (5/21/20)
  • Republican Organizations' Memorandum Of Law In Support Of Motion To Intervene pdf file (5/21/20)
  • Order Consolidating Cases And Setting The Schedule pdf file (5/26/20)
  • Plaintiff's Response In Opposition To Republican Organizations' Motion To Intervene As Defendants pdf file (5/27/20)
  • Seventeen Supervisor's Of Elections' Motion For Partial Summary Judgment pdf file (5/27/20)
  • Exhibit A Federal Register Publication pdf file (5/27/20)
  • Exhibit B Declaration of Mary Hall pdf file (5/27/20)
  • Exhibit C Declaration of Supervisor Doyle pdf file (5/27/20)
  • Exhibit D Declaration of Supervisor Edwards pdf file (5/27/20)
  • Exhibit E Declaration of Arrington pdf file (5/27/20)
  • Defendant Elections Canvassing Commission's Motion To Dismiss As An Improper Party pdf file (5/27/20)
  • Attorney General Of Florida's Motion To Dismiss And Memorandum Of Law pdf file (5/27/20)
  • Governor And Secretary's Motion To Dismiss With Incorporated Memorandum Of Law pdf file (5/27/20)
  • Dream Defenders Plaintiffs' Notice of Joinder In Nielsen Plaintiffs' Response In Opposition To Replublican Organizations' Motion To Intervene As Defendants pdf file (5/27/20)
  • Republican Organizations' Motion To Dismiss Or In The Alternative Motion For Summary Jugment pdf file (5/27/20)
  • Republican Party Organizations' Memorandum Of Law In Support Of Their Motion To Dismiss Or In The Alternative Motion For Summary Judgment pdf file (5/27/20)
  • Exhibit A pdf file (5/27/20)
  • Plaintiff's Motion For Preliminary Injunction pdf file (5/27/20)
  • Affidavit Acacia Williams pdf file (5/27/20)
  • Affidavit Alicia Wujciak pdf file (5/27/20)
  • Affidavit Bianca Baez pdf file (5/27/20)
  • Affidavit Dream Defenders pdf file (5/27/20)
  • Affidavit John Jordan pdf file (5/27/20)
  • Affidavit Murray Heller pdf file (5/27/20)
  • Affidavit New Florida Majority pdf file (5/27/20)
  • Affidavit Nicholas Ciriello pdf file (5/27/20)
  • Affidavit Organize Florida pdf file (5/27/20)
  • Affidavit Zetta Williams pdf file (5/27/20)
  • Affidavit Kousser Report pdf file (5/27/20)
  • Affidavit Smith Report pdf file (5/27/20)
  • Plaintiff's Motion For Preliminary Injunction pdf file (5/27/20)
  • Memorandum Of Law In Support Of Plaintiff's Motion For Preliminary Injunction pdf file (5/27/20)
  • Affidavit re 86 Second Motion For Preliminary Injunction Declarations In Support pdf file (5/27/20)
  • Affidavit Marsha Bukala pdf file (5/27/20)
  • Affidavit Paulina Hernandez Morales pdf file (5/27/20)
  • Affidavit Celcio Eduardo Romero pdf file (5/27/20)
  • Affidavit Sheila Young pdf file (5/27/20)
  • Affidavit Robyn Wise pdf file (5/27/20)
  • Joint Motion to Dismiss Amended Complaint Dkt. 37 And Memorandum of law In Support By Defendants Craig Latimer In His Official Capacity As Hillsborough County Supervisor Of Elections And Hillsborough County Canvassing Board pdf file (5/28/20)
  • Amended Joint Motion To Dismiss Amended Ccomplaint pdf file (5/28/20)
  • Order Allowing Replublican Organizations To Intervene pdf file (5/28/20)
  • Hernando County Defendant's Motion to Dismiss for Lack of Jurisdiction pdf file (5/28/20)
  • Exhibit A - DMM Chapter 700 pdf file (5/28/20)
  • Exhibit B - Postal Bulletin pdf file (5/28/20)
  • Exhibit C - AJC Article pdf file (5/28/20)
  • Exhibit D - Guardian Blog Post pdf file (5/28/20)
  • xhibit E - Ch. 28670, L.O.F. pdf file (5/28/20)
  • Exhibit F - Ch. 77-175, L.O.F. pdf file (5/28/20)
  • Defendant Kim A. Barton, Supervisor Of Elections Of Alachua County, Florida, Joinder In The Amended Motion To Dismiss Filed By Defendant Craig Latimer pdf file (5/28/20)
  • Notice of Joinder in Seventeen Supervisors of Elections' Motion for Partial Summary Judgment pdf file (5/29/20)
  • Hernando County Supervisor of Elections' Notice of Joinder and Joinder in Motion for Partial Summary Judgment by Shirley Anderson pdf file (6/1/20)
  • Supervisors Of Elections Motion To Dismiss Second Amended Complaint pdf file (6/1/20)
  • Twenty-Eight Supervisors Of Elections Motion To Dismiss pdf file (6/1/20)
  • Six Supervisors Of Elections' Notice Of Joinder In Seventeen Supervisors Of Elections' Motion For Partial Summary Judgment pdf file (6/4/20)
  • Defendant Pinellas County Supervisor Of Elections Notice Of Joinder And Adoption Of The Motions To Dismiss The Operative Complaints In The Dream Defenders And Nielsen Cases pdf file (6/4/20)
  • Plaintiffs' Unopposed Motion To File Consolidated Response On June 15, 2020 To State-Level Defendants' And Intervenor's Motions To Dismiss pdf file (6/5/20)
  • Joint Stipulation By All Plaintiffs, Defendant DeSantis And Defendant Lee pdf file (6/5/20)
  • Republican Party Organizations Intervenor-Defendants' Notice Of Supplemental Authority In Support Of Motion To Dismiss pdf file (6/8/20)
  • Exhibit Texas Democratic Party v. Abbott pdf file (6/8/20)
  • Joint Motion To Dismiss Second Amended Complaint (Dkt. 47 ) And Memorandum Of Law In Support, By Defendants Craig Latimer And Hillsborough County Canvassing Board pdf file (6/8/20)
  • Order Dismissing Without Prejudice The Claims Against The Governor pdf file (6/10/20)
  • Order On The Required Response To The Florida Elections Canvassing Commissions Motion To Dismiss pdf file (6/10/20)
  • Three County Canvassing Boards Notice Of Joinder In Twenty-Eight Supervisors Of Elections Motion To Dismiss pdf file (6/10/20)
  • Order Denying As Moot The Motion To File A Reply Memorandum In Support Og Intervention pdf file (6/11/20)
  • Intervenors Motion For Preliminary Injunction pdf file (6/11/20)
  • Exhibit Declaration Of J. Kracht pdf file (6/11/20)
  • Exhibit Declaration Of Deborah Grub pdf file (6/11/20)
  • Exhibit Declaration Of Finney pdf file (6/11/20)
  • Exhibit Declaration Of Douglas Hall pdf file (6/11/20)
  • Exhibit Declaration Of Dolor Ginchereau pdf file (6/11/20)
  • Exhibit Declaration of McCoy pdf file (6/11/20)
  • 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. 


    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...