Last Updated: December 5, 2017 at 11:40 AM
Florida Democratic Party v. Detzner
Case Information
Date Filed: October 3, 2016
State: Florida
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Northern District of Florida (Case 4:16-cv-00607)
Issue:
Whether Florida's enforcement of statutes (Fla. Stat. § 98.077, Fla. Stat. § 101.65, and Fla. Stat. § 101.68) requiring the signatures on vote-by-mail ballots (formerly "absentee" ballots) to match the signature shown on registration records and the subsequent rejection of defective ballots, without a means to cure the defect, violates the Equal Protection Clause of the Fourteenth Amendment.
Status:
Complaint filed 10/3/16. Emergency Motion for Preliminary Injunction filed 10/3/16. Defendant's Memorandum in Opposition and Motion to Dismiss filed 10/14/16. Plaintiffs' Reply filed 10/16/16. Order granting preliminary injunction filed 10/16/16. Answer filed 10/31/16. Ordering staying case until 5-5-17 filed 12/12/16. Status Report on Receipt of Settlement Funds and Closing of Case filed 8/17/17.
District Court Documents
- Plaintiffs' Emergency Motion for Preliminary Injunction
(filed 10/3/16) - Declaration of Mark Herron in Support of Plaintiffs' Emergency Motion for Preliminary Injunction
(filed 10/3/16) - Memorandum of Law in Support of Plaintiffs' Emergency Motion for Preliminary Injunction
(filed 10/3/16) - Complaint
(filed 10/3/16) - Defendant's Memorandum in Opposition to Plaintiffs' Emergency Motion
(filed 10/14/16) - Defendant's Motion to Dismiss
(filed 10/14/16) - Plaintiffs' Reply Memorandum
(filed 10/16/16) - Order Granting Preliminary Injunction
(filed 10/16/16) - Order Directing Parties to File Notice as to Closing File
(filed 10/25/16) - Joint Notice Regarding Further Action and Joint Motion for Extension of Time to Answer
(filed 10/28/16) - Plaintiffs' Notice to the Court Regarding Further Action and Motion for Status Conference
(filed 10/28/16) - Florida Secretary of State's Answer
(filed 10/31/16) - Order Staying Case Until 5-5-17
(filed 12/12/16) - Status Report Regarding Receipt of Settlement Funds and Closing of Case
(filed 8/17/17)


Commentary
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.
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