Last Updated: January 23, 2019 at 6:57 AM
Votevets Action Fund v. Ertle
Case Information
Date Filed: November 11, 2018
State: Florida
Issue: Absentee Ballots
Courts that Heard this Case: U.S District Court of Northern District of Florida (Case 4:18-cv-00524)
Issue:
Whether vote-by-mail ballots should be counted if postmarked before Election Day but not received by the supervisor of elections by 7pm on Election Day
Status:
Complaint filed 11/12/18. Emergency motion for Restraining Order and Preliminary Injunction filed 11/12/18. Preliminary Injunction denied 11/16/18. Preliminary Injunction denied filed 11/19/18. Status report filed 12/14/18. Defendant subsituted from Detzner to Ertle filed 1/9/19. Plaintiffs VoteVets Action Fund, Democratic National Committee, and DSCC notice of voluntary dismissal filed 1/18/19. This case is dismissed without prejudice under Federal Rule of Civil Procedure filed 1/22/19.
District Court Documents
- Complaint
(11/12/18) - Emergency Motion for Temporary Restraining Order
(11/12/18) - Emergency Motion to Intervene
(11/12/18) - Attorney General's Motion to Intervene
(11/13/18) - Declaration of Kirk Nielsen in Support of Restraining Order
(11/13/18) - Declaration of Ion Sancho
(11/13/18) - Declaration of Maria Matthews
(11/13/18) - Response in Opposition of Temporary Restraining Order filed by NRSC
(11/15/18) - Response in Opposition of Temporary Restraining Order filed by Detzner
(11/15/18) - Response in Memorandum in Opposition to Temporary Restraining Order
(11/15/18) - Response in Opposition of Temporary Restraining Order filed by Attorney General
(11/15/18) - Response in Support of Emergency Motion for Temporary Restraining Order and Injunction
(11/15/18) - Order Denying Preliminary Injunctions
(11/16/18) - Supplemental Order Denying Preliminary Injunctions
(11/19/18) - Status Report
(12/14/18) - Order Substituting Party
(1/9/19) - Notice of Voluntary Dismissal
(1/18/19) - Order Closing File
(1/22/19) - Judgement
(1/22/19)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
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A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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