Jacobson

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Last Updated: September 14, 2020 at 8:49 PM

Jacobson v. Lee

Case Information

Date Filed: May 24, 2018
State: Florida
Issue: Ballot Design
Current Court: US Court Of Appeals for the Eleventh Circuit (Case 19-14552)

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:

Opinion Issued by Court 4/29/20. Petition for Rehearing En Banc (With Panel Rehearing) Filed by Appellees 5/20/20.

U.S. District Court Documents

Complaint Against All Defendats

(5/24/18)

Summons For Defendant

(5/24/18)

Notice Of Constitutional Question

(5/24/18)

Motion To Dismiss For Failure To State A Claim By Kenneth Detzner

(6/19/18)

Motion To Intervene By National Republican Senatorial Committee, Republican Governors Association

(6/21/18)

Exhibit Attachment A

(//)

Motion For Preliminary Injunction By Plaintiffs

(6/29/18)

Memorandum In Support re Motion For Preliminary Injunction Filed By Plaintiffs

(6/29/18)

Affidavit (Expert Report Of Dr. Jon A. Krosnick) re Memorandum In Support Of Motion, Motion For Preliminary Injunction By Plaintiffs

(6/29/18)

Declaration Of Ion Sancho re Memorandum In Support Of Motion, Motion For Preliminary Injunction By Plaintiffs

(6/29/18)

Response In Opposition re Motion To Intervene Filed By Plaintiffs

(6/29/18)

Order Granting Republican Party Organizations Motion To Intervene

(7/1/18)

Motion To Dismiss For Failure To State A Claim By National Republican Senatorial Committee, Republican Governors Association

(7/3/18)

Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Plaintiffs

(7/3/18)

Response In Opposition re Motion For Preliminary Injunction Filed By National Republican Senatorial Committee, Republican Governors Association

(7/13/18)

Exhibit A Barber Affidavit

(7/13/18)

Exhibit B Klick Affidavit

(7/13/18)

Exhibit C Mortham Affidavit

(7/13/18)

Exhibit D Gessler Affidavit

(7/13/18)

Exhibit E Barnett Affidavit

(7/13/18)

Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Plaintiffs

(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

(7/13/18)

Exhibit Declaration Of Matthews

(7/13/18)

Exhibit Declaration Of Lux

(7/13/18)

Reply In Support Of Motion To Dismiss Filed By National Republican Senatorial Committee, Republican Governors Association

(7/20/18)

Reply In Support Of Motion To Dismiss Filed By Kenneth Detzner

(7/20/18)

Reply In Support Of Motion For Preliminary Injunction Filed By Plaintiffs

(7/20/18)

Second Expert Report Of Dr. Jon A. Krosnick re Reply To Response To Motion By Plaintiffs

(7/20/18)

Declaration Of Frederick S. Wermuth In Support Of Reply In Support Of Motion For Preliminary Injunction By Plaintiffs

(7/20/18)

(7/20/18)

(7/20/18)

(7/20/18)

Supplemental Declaration Of Ion Sancho re Reply To Response To Motion By Plaintiffs

(7/20/18)

Declaration Of Mark Earley By Kenneth Detzner

(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

(7/23/18)

Exhibit A Barber Report

(7/23/18)

Exhibit B Klick Report

(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

(7/23/18)

Exhibit Barber Report

(7/23/18)

Exhibit Klick Report

(7/23/18)

Exhibit Sancho Deposition

(7/23/18)

Order Denying Plaintiffs' Motion For Preliminary Injunction

(7/24/18)

Order Denying Defendant's And Defendant-Intervenors' Motions To Dismiss

(7/24/18)

Notice Of Filing Of Official Transcript Of Proceedings Held On 7/24/2018, Before Judge Mark E. Walker

(7/27/18)

Answer To Complaint, Florida Secretary Of State's Answer & Affirmative Defenses By Kenneth Detzner

(8/7/18)

Answer To Complaint, By National Republican Senatorial Committee, Republican Governors Association

(8/7/20)

Notice Of Filing Exhibits To Plaintiffs' Motion For Summary Judgment By Plaintiffs

(4/8/19)

Ex. 1, Expert Report Of Dr. John A. Krosnick

(4/8/19)

Ex. 2, Deposition Transcript Of Michael J. Barber, PhD.

(4/8/19)

Ex. 3, Deposition Transcript Of Johnathan Klick, J.D. PhD.

(4/8/19)

Ex. 4, Deposition Transcript Of Michael A. Barnett

(4/8/19)

Ex. 5, Expert Report Of Jonathan Klick, J.D., PhD.

(4/8/19)

Ex. 6, Deposition Transcript Of Christina White

(4/8/19)

Ex. 7, Deposition Transcript Of Maria Matthews

(4/8/19)

Ex. 8, Deposition Transcript Of Mark Earley

(4/8/19)

Ex. 9, Deposition Transcript Of Paul Lux

(4/8/19)

Ex. 10, Defendant Secretary's Responses To Plaintiffs' First Interrogatories

(4/8/19)

Ex. 11, Defendant-Intervenors' Responses To Plaintiffs' First Interrogatories

(4/8/19)

Ex. 12, Deposition Transcript Of Election Systems & Software

(4/8/19)

Ex. 13, Deposition Transcript Of Dominion Voting Systems

(4/8/19)

Ex. 14, Deposition Transcript Of Jessica Burns

(4/8/19)

Ex. 15, Defendant-Intervenors' Amended Response To Plaintiffs' Interrogatory 2

(4/8/19)

Motion For Summary Judgment And Memorandum Of Law In Support Of Summary Judgment By Laurel M Lee

(4/8/19)

Motion For Summary Judgment And Incorporated Memorandum Of Law By Plaintiffs

(4/8/19)

Motion For Summary Judgment By National Republican Senatorial Committee, Republican Governors Association

(4/8/19)

Response To Motion re Motion For Summary Judgment And Incorporated Memorandum Of Law Filed By Laurel M Lee

(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

(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

(4/29/19)

Secretary's Reply In Support Of Her Motion For Summary Judgment Filed By Laurel M Lee

(5/7/19)

Intervenors-Defendants' Reply In Support OF Their Motion For Summary Judgment Filed By National Republican Senatorial Committee, Republican Governors Association

(5/7/19)

Plaintiffs' Reply In Support Of Motion For Summary Judgment Filed By Plaintiffs

(5/7/19)

Reply To Response To Motion re Motion For Summary Judgment And Memorandum Of Law In Support Of Summary Judgment

(5/8/19)

Order Denying Motions For Summary Judgment

(5/13/19)

Notice Of Filing Courtesy Copy Of Exhibits By National Republican Senatorial Committee, Republican Governors Association re Pretrial Conference - Interim

(7/5/19)

Notice Of Supplemental Authority

(7/10/19)

(7/10/19)

Secretary's Proposed Post-Trial Order Entering Final Judgment For Defendant By Laurel M Lee

(7/31/19)

Proposed Opinion And Order By National Republican Senatorial Committee, Republican Governors Association

(7/31/19)

Final Order Following Bench Trial

(11/15/19)

Notice Of Appeal

(11/15/19)

Secretary's Motion For Stay Pending Appeal And Incorporated Meorandum Of Law By Laurel M Lee

(11/18/19)

Notice Of Appeak As To Order

(11/20/19)

Response In Support re Motion To Stay Pending Appeal

(11/21/19)

Response In Opposition re Motion To Stay Pending Appeal

(11/21/19)

Order Denying Motion For Stay

(11/26/20)

Order Of USCA-19-14552-J As To Notice Of Appeal

(12/20/19)

Secretary's Motion For Stay Pending Decision From Eleventh Circuit

(3/27/20)

Response In Support re Motion To Stay Pending Decision From Eleventh Circuit Filed By National Republican Senatorial Committee, Republican Governors Association

(4/31/20)

Response In Opposition re Motion To Stay Pending Decision From Eleventh Circuit Filed By Plaintiffs

(3/31/20)

Order Granting In Part And Denying In Part. Defendant's Motion For Stay

(4/3/20)

USCA Judgment #19-14552-JJ As To 210 Notice Of Appeal, Filed By Parties

(4/29/20)

U.S. Court of Appeals for The Eleventh Circuit Documents

Civil Appeal Docketed

(11/18/19)

Time Sensitive Motion To Stay Pending Appeal Filed By Florida Secretary Of State. Motion Is Opposed

(12/6/19)

Transcript Information Form Submitted By Attorney Mohammad O. Jazil For Appellant Florida Secretary Of State

(12/11/19)

Transcript Information Form Filed By Attorney Mohammad O. Jazil For Appellant Florida Secretary Of State

(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

(12/13/19)

Response To Motion To Stay Pending Appeal Filed By Appellant Florida Secretary Of State Filed By Plaintiffs

(12/16/19)

Order: Defendant-Appellants Time-Sensitive Motion For Stay Pending Appeal Is Denied

(12/20/19)

Appellant's Brief Filed By National Republican Senatorial Committee And Republican Governors Association

(1/7/20)

Appellant's Brief Filed By Florida Secretary Of State

(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

(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

(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

(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

(1/29/20)

Response To Supplemental Authority Filed By Appellants National Republican Senatorial Committee And Republican Governors Association

(1/30/20)

Reply Brief Filed By Appellants National Republican Senatorial Committee And Republican Governors Association

(2/4/20)

Reply Brief filed By Appellant Florida Secretary Of State

(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

(4/28/20)

Opinion Issued By Court As To Appellants Florida Secretary Of State, National Republican Senatorial Committee And Republican Governors Association

(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

(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

(6/17/20)

(7/6/20)

(9/3/20)

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...

Major Pending Cases

more litigation...

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