Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 1 of 29

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

ACACIA WILLIAMS, DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ
Plaintiffs,
v.
RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,
Defendants.

Case No. _________________

COMPLAINT FOR EMERGENCY INJUNCTIVE AND DECLARATORY RELIEF INTRODUCTION
1. The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (“PPP”) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. The President
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of the United States and the Governor of Florida have each declared a state of emergency. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Day—including those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. And yet the State of Florida (“the State”) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote.
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2. On Friday, March 13, 2020, President Donald Trump declared a national emergency to begin mobilizing the extraordinary measures necessary to address the rapidly expanding public health crisis related to the coronavirus.1
3. Also on March 13, 2020, Secretary of State Laurel M. Lee (“Secretary Lee”) released a joint statement with the chief election officials of Arizona, Illinois, and Ohio, confirming that the scheduled PPP election would proceed on Tuesday, March 17, 2020, despite the emergent circumstances.2
4. Since the State’s announcement on Friday, March 13, it has refused to make a reasonable effort to accommodate the needs of its voting eligible citizens that are quarantined and voters who need accommodations in order to cast a ballot in the PPP.
5. Under the circumstances, the State’s failure to extend vote-by-mail deadlines, adjust early voting dates, and expand mail ballot transmission options amounts to a denial of critical voter opportunities in violation of the First and Fourteenth Amendments, the Americans with Disabilities Act, and the
1 “Transcript: Trump’s Coronavirus News Conference,” New York Times (Mar. 13, 2020) (online at www.nytimes.com/2020/03/13/us/politics/trump-coronavirusnews-conference.html). 2 “Statement from Arizona, Florida, Illinois and Ohio Chief Elections Officials on the Status of the March 17th State Primaries,” Ohio Secretary of State (Mar. 13, 2020) (online at www.ohiosos.gov/media-center/press-releases/2020/2020-03-13/).
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Rehabilitation Act. Absent relief, hundreds of thousands of eligible Floridians will likely be prevented from participating in the PPP election.
6. In so doing, the State has ensured that eligible Floridians who would have otherwise voted during this period will be unable to participate in the PPP election. Plaintiffs therefore bring this action to vindicate the voting rights of eligible Floridians disenfranchised by the State’s refusal to take reasonable emergency election measures.
PARTIES Plaintiffs 7. Plaintiff DREAM DEFENDERS is a Florida nonprofit corporation with its principal office in Miami-Dade County, Florida. The organization was established in 2012 following the killing of teenager Trayvon Martin and is directed by Black and Brown Youth. Dream Defenders uses training and organizing of youth and students to confront structural inequality. The organization conducts civic engagement activities across the state of Florida including get out the vote efforts. The membership of Dream Defenders includes college students who have been displaced from their schools due to the coronavirus pandemic. The state’s failure to offer appropriate accommodations in the PPP in response to the pandemic is also thwarting the organization’s efforts to secure the participation of registered Floridians in the election.
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8. Plaintiff NEW FLORIDA MAJORITY, INC. (“NewFM”) is a Florida non-profit corporation and membership organization with its principal office in Miami-Dade County, Florida. Founded in 2009, NewFM is dedicated to organizing, educating, and mobilizing disempowered communities in Florida to win equity and fairness throughout the State. NewFM's central focus is to expand democracy by ensuring that every person eligible to vote, regardless of party affiliation, is able to exercise his or her fundamental and constitutionally protected right to vote. To achieve its goal, NewFM works with individual members and organizations across the state of Florida engaged in civic and democratic endeavors to assist underserved communities in voter registration, voter education and get out the vote efforts. The state of emergency caused by coronavirus thwarts the organization’s efforts to increase voter participation and impacts its members who are registered voters in the state of Florida.
9. Plaintiff ORGANIZE FLORIDA is a community-based, nonprofit member organization with its principal offices in Orange County, Florida. Its membership consists of low- and moderate-income people dedicated to the principles of social, racial, and economic justice and the promotion of an equal and fair Florida for all. Organize Florida’s members bring communities together to join in the fight for safe neighborhoods, healthy families, quality education, good jobs, justice, equality and a more representative democracy. Organize
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Florida’s major campaigns have included supporting children and families and increasing Latinx voter turnout. The organization is committed to exposing injustice and holding Florida’s leaders accountable. The emergency caused by the coronavirus outbreak and the state’s failure to take appropriate steps to accommodate impacted voters hinders the organization’s efforts to secure voter participation and impacts their members who are registered voters.
10. Plaintiff TERRIAYNA SPILLMAN is a full-time student in her first year at Bethune-Cookman University in Daytona Beach, Volusia County. Her family resides in Leesburg, Lake County. Ms. Spillman complied with a directive from Bethune-Cookman University not to return to campus until March 30, 2020 due to the coronavirus outbreak. Ms. Spillman is currently at her parents’ home in Leesburg, Lake County, and does not have reliable transportation back to Daytona Beach. The coronavirus and its displacement of students has disrupted Ms. Spillman’s plan to vote in person and she is presently unable to request a vote by mail ballot due to the expired deadline.
11. Plaintiff ACACIA WILLIAMS is a full-time student in her second year at the University of Florida in Gainesville, Alachua County, Florida. Her family resides in Sullivan County, New York. Ms. Williams has complied with a directive from the University of Florida to leave her dorm and not to return to campus until March 30, 2020, due to the coronavirus outbreak. Ms. Williams is
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currently at her parents’ home in Sullivan County, New York, and is unable to travel back to Gainesville, Florida. The coronavirus and its displacement of students has disrupted Ms. Williams’ plan to vote in person and she is presently unable to request a vote by mail ballot due to the expired deadline.
12. Plaintiff RAY WINTERS is an elderly voter in Miami Dade County who is unable to vote in Florida’s PPP on March 17, 2020, without severe risks to his health. Mr. Winters is seventy-eight years old and has heart problems and experiences seizures. Mr. Winters is at a higher risk of severe or even fatal outcomes if he contracts COVID-19. Before the emergency created by COVID19, Mr. Winters had planned to vote in person at his regular polling place, but now, the risk to his health of potentially being exposed to the virus is too great. He would vote if he could vote by mail.
13. Plaintiff KATHLEEN WINTERS is an elderly voter in Miami Dade County who is unable to vote in Florida’s PPP on March 17, 2020, without risking her own health and the health of her husband, Plaintiff Ray Winters. Ms. Winters is sixty-seven years old and she lives with her husband, Mr. Winters, who has heart problems and experiences seizures. Ms. Winters and her husband are at a higher risk of severe or even fatal outcomes if they contract COVID-19. Before the emergency created by COVID-19, Ms. Winters had planned to vote in person at her regular polling place, but now, the risk to her health and that of her husband
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of potentially being exposed to the virus is too great. She would vote if she could still request a vote-by-mail ballot.
14. Plaintiff, BIANCA MARIA BAEZ is a voter who just returned to the U.S. from an international trip and, in accordance with public health recommendations, is practicing social distancing and is unable to vote in Florida’s PPP on March 17, 2020, without risking her health and that of others in her community. Ms. Baez was planning to vote in-person however due to her recent travel and the risk of being asymptomatic while still having the virus presents an undue risk to herself and members of her community. Ms. Baez would vote by mail if she had the opportunity to do so, and would vote in person if she could do so consistent with the public health advice she is endeavoring to follow.
15. Defendants’ refusal to extend the voter registration deadline will frustrate organizational Plaintiffs’ respective missions by interfering with their members’ efforts to safely and confidently cast a ballot in the upcoming PPP. Individual Plaintiffs will each be unable to vote at their assigned polling places. Plaintiffs will either have to forego casting a ballot in the election or will have to leave their recommended quarantine and risk exposure to the coronavirus to travel back to their polling place to vote in person.
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Defendants 16. Defendant RON DESANTIS is sued in his official capacity as Governor of the State of Florida. Defendant DeSantis is a person within the meaning of 42 U.S.C. § 1983 and acts under color of state law. As Governor of Florida, Defendant DeSantis is the state’s chief executive officer and is responsible for the administration of all state laws, including those pertaining to elections. Defendant DeSantis is also a member of the Elections Canvassing Commission as established in Florida Statute § 102.111. 17. Defendant LAUREL M. LEE is sued in her official capacity as Florida Secretary of State. Defendant Lee is a person within the meaning of 42 U.S.C. § 1983 and acts under color of state law. Pursuant to Florida Statute § 97.012, the Secretary of State is the chief elections officer of the State and is responsible for the administration of state laws affecting voting. 18. Defendant ELECTIONS CANVASSING COMMISSION is sued as a state-created entity. Its membership consists of the Governor and two members of the Cabinet selected by the Governor, as set forth in Florida Statute § 102.111. Pursuant to Florida Statute § 101.698, the Elections Canvassing Commission is tasked with adopting emergency rules to facilitate absentee voting during emergency situations.
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JURISDICTION 19. Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1988 to redress the deprivation under color of state law of rights secured by the United States Constitution, and under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. 20. This Court has original jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1343 because the matters in controversy arise under the Constitution and laws of the United States, because Plaintiffs bring this action to redress the deprivation, under color of State law, of rights, privileges, and immunities secured by the Constitution of the United States and federal law, and because Plaintiffs bring this action to secure equitable relief under federal law providing for the protection of voting rights. 21. This Court has personal jurisdiction over Defendants, who are sued only in their official capacity as officers of the State of Florida. 22. Venue is proper in this Court under 28 U.S.C. § 1391(b) because Plaintiff Williams resides in Gainesville, Dream Defenders has members in Gainesville, and a substantial part of the events that gave rise to Plaintiffs’ claims occurred in this judicial district.
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STATEMENT OF FACTS 23. On December 1, 2019, the first confirmed COVID-19 patient began experiencing symptoms in China’s Hubei province.3 The novel coronavirus infection rapidly spread to other countries. By January 21, 2020 the Centers for Disease Control and Prevention (“CDC”) confirmed the first patient in the United States.4 It has led to at least 1,629 confirmed U.S. cases in 46 states and the District of Columbia.5 The number of actual cases is likely far higher because effective testing procedures have only slowly become widely available. Thus far, the outbreak has led to 41 deaths in the United States.6 24. COVID-19 creates a significantly higher risk of serious illness or death for individuals with underlying chronic health conditions, including heart disease, diabetes, and cancer.7 One study found that, among patients diagnosed

3 Fernando Duarte, “Who Is ‘Patient Zero’ in the Coronavirus Outbreak,” BBC (Feb.

23, 2020) (online at www.bbc.com/future/article/20200221-coronavirus-the-

harmful-hunt-for-covid-19s-patient-zero).

4 Elizabeth Cohen, “First US Case of Wuhan Coronavirus Confirmed by CDC,”

CNN (Jan. 21, 2020) (online at www.cnn.com/2020/01/21/health/wuhan-

coronavirus-first-us-case-cdc-bn/index.html).

5 “Coronavirus Disease 2019 (COVID-19) in the U.S.,” Centers for Disease Control

and Prevention (updated Mar. 13, 2020) (online at www.cdc.gov/coronavirus/2019-

ncov/cases-in-us.html).

6 “Coronavirus Disease 2019 (COVID-19) in the U.S.,” Centers for Disease Control

and Prevention (updated Mar. 13, 2020) (online at www.cdc.gov/coronavirus/2019-

ncov/cases-in-us.html).

7 Roni Caryn Rabin, Coronavirus Threatens Americans With Underlying

Conditions,

N.Y.

Times

(Mar.

14,

2020),

https://www.nytimes.com/2020/03/12/health/coronavirus-midlife-conditions.html.

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with COVID-19, individuals who had one chronic condition were 1.8 times more
likely than those without a chronic condition to have a “poor outcome,” such as requiring a ventilator or dying.8 That rate jumped to 2.6 times greater risk for individuals with two chronic conditions.9 The Centers for Disease Control agrees
that “people of any age with underlying health conditions, such as diabetes, lung disease, or heart disease, are at greater risk of severe illness from COVID-19.”10
25. On Friday, March 13, 2020, President Trump declared a national
emergency to begin mobilizing the extraordinary measures necessary to address the rapidly expanding public health crisis.11
26. The outbreak has reached Florida. As of Sunday, March 15, 2020, the Florida Department of Health has confirmed 136 cases among Floridians,12 and three Floridians have died.13 Florida Department of Education Commissioner
Richard Corcoran has urged school districts statewide to keep schools closed for
8 Id. 9 Id. 10 Know the facts about coronavirus disease 2019 (COVID-19) and help stop the spread of rumors, Centers for Disease Control (March 12, 2020), https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/share-facts.html. 11 “Transcript: Trump’s Coronavirus News Conference,” New York Times (Mar. 13, 2020) (online at www.nytimes.com/2020/03/13/us/politics/trump-coronavirusnews-conference.html). 12 “2019 Novel Coronavirus (COVID-19),” Florida Department of Health (updated Mar. 15, 2020) (online at www.floridahealth.gov/diseases-and-conditions/COVID19/). 13 Id.
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an additional week of spring break.14 Tens of thousands of Floridians who work for state agencies have been asked to work from home and to cancel travel for 30 days.15
27. On Friday, March 13, 2020, Secretary Lee released a joint statement with the chief election officials of Arizona, Illinois, and Ohio, confirming that the scheduled PPP election would proceed on Tuesday, March 17, 2020 despite the emergent circumstances.16
28. On Sunday, March 15, 2020, the CDC issued guidance advising against gatherings of 50 people or more for the next eight weeks and multiple states have begun ordering the closure of restaurants and other establishments.17

14 “Florida Department of Education Provides Recommendations for Spring Break,”

Florida Department of Education (Mar. 13, 2020) (online at

www.fldoe.org/newsroom/latest-news/florida-department-of-education-provides-

recommendations-for-spring-break.stml)

15 “Gov. DeSantis Orders 2,500 Coronavirus Test Kits, Asks for Limited Mass

Gatherings,”

News4Jax

(Mar.

12,

2020)

(www.news4jax.com/health/2020/03/12/gov-desantis-we-have-to-increase-our-

ability-to-test-for-coronavirus/).

16 “Statement from Arizona, Florida, Illinois and Ohio Chief Elections Officials on

the Status of the March 17th State Primaries,” Ohio Secretary of State (Mar. 13,

2020) (online at www.ohiosos.gov/media-center/press-releases/2020/2020-03-13/).

17 Emma Bowman, “CDC Recommends Against Gatherings Of 50 Or More; States

Close Bars and Restaurants,” NPR, Mar. 15, 2020,

https://www.npr.org/2020/03/15/816245252/cdc-recommends-suspending-

gatherings-of-50-or-more-people-for-the-next-8-weeks.

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29. Today, the President’s Office issued new guidance for the public to avoid all social groupings of 10 or more.18
30. In response to the COVID-19 outbreak, Florida Supervisors of
Elections (“SOEs”) have closed, moved or consolidated 112 polling places in 22
counties, including many at assisted living facilities whose residents are at more
acute risk than the general population. Numerous poll workers have also
withdrawn from participating in the election due to concerns about the pandemic.19
31. In addition to these administrative problems, a multitude of college
students across the State of Florida were abruptly directed to leave their dorms
and campuses, or to remain away after from campus after leaving for spring break, and to continue classes online.20 Many of these students returned to their parents’
homes and are scattered across the State of Florida, the country, and perhaps the
world.
18 Fifteen Days to Slow the Spread, White House (Mar. 16, 2020), https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirusguidance_8.5x11_315PM.pdf. 19 See, e.g., Anna Bryson, “Coronavirus Florida: Sarasota County Voting Locations Change as Poll Workers Quit,” Herald-Tribune (March 14, 2020) online at https://www.heraldtribune.com/news/20200314/coronavirus-florida-sarasotacounty-voting-locations-change-as-poll-workers-quit. 20 See, e.g., “Miami Dade, Broward Colleges to Cancel All Classes, Transition to Remote Learning,” NBC Miami (Mar. 12, 20202) (online at www.nbcmiami.com/news/local/miami-dade-college-closes-medical-campus-aftervisitor-tested-positive-for-covid-19/2204781/).
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32. Prior to the pandemic, these students believed they would be able to vote in person on or near campus and now they cannot. They were not prepared to vote by mail and have missed the deadline to request a mail ballot.
33. Plaintiff Terriayna Spillman is one such student. She is a full-time student in her first year at Bethune-Cookman University (B-CU), located in Daytona Beach, Volusia County. She is a pre-nursing major.
34. When school is in session—that is, for nine months out of the year— Plaintiff Spillman resides in Daytona Beach, on B-CU’s campus.
35. Spillman is registered to vote in Volusia County, and had planned to vote in person at her polling place in Daytona Beach in the Florida Presidential Preference Primary on Election Day, Tuesday, March 17, 2020.
36. B-CU’s spring break began on Monday, March 9, 2020. Spillman traveled to her parents’ home in Leesburg, Florida for spring break, with a plan to return to Daytona Beach on Thursday, March 12, 2020.
37. During spring break, B-CU directed students “not to return to Campus” until March 30 due to the coronavirus outbreak. In accordance with this directive, Spillman remains in Leesburg, Florida.
38. Due to the coronavirus outbreak and the safety measures implemented at B-CU, Plaintiff Spillman cannot execute her plan to vote in the Florida Presidential Preference Primary. Even if she were able to take the time to
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return to Daytona Beach on Election Day, she does not have a reliable means of getting there because her mother, who would drive her, has been ordered to continue reporting to work throughout the coronavirus outbreak.
39. Plaintiff Acacia Williams is a full-time student in her second year at the University of Florida (UF), located in Gainesville, Alachua County. She is a Spanish major. When school is in session—that is, for nine months of the year— Williams resides in Gainesville.
40. Williams is registered to vote in Alachua County, and had a plan to vote early in person in the Florida Presidential Preference Primary on Friday, March 13, 2020.
41. On or about Monday, March 9, 2020, and on Wednesday, March 11, 2020, UF leadership sent emails advising students that all classes would transition online and they were encouraged to leave campus due to the coronavirus outbreak.
42. Williams complied, traveling to Tampa on March 13, 2020, then to her parents’ home in Sullivan County, New York on March 14, 2020. Williams remains in New York.
43. Williams was unable to cast a ballot in early voting before leaving Gainesville. Due to the coronavirus outbreak and the safety measures implemented at UF, Williams cannot execute her plan to vote in the Florida Presidential Preference Primary.
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44. Plaintiffs Spillman and Williams are not the only Florida voters who have been affected by the outbreak and who, unless the relief Plaintiffs request is granted, will be unable to participate in the PPP on Tuesday.
45. Dream Defenders member Eva Robinson is a full-time student in her second year at the University of Florida (UF), located in Gainesville, Alachua County. She is an art major.
46. When school is in session, Robinson resides in Gainesville, on UF’s campus.
47. Robinson is registered to vote in Alachua County. Robinson had a plan to vote early in the Florida Presidential Preference Primary, before Election Day, Tuesday, March 17, 2020.
48. On or about Monday, March 9, 2020, and on Wednesday, March 11, 2020, UF leadership sent emails advising students that all classes would transition online and they were encouraged to leave campus due to the coronavirus outbreak. Robinson complied, traveling to her parents’ home near Jacksonville, North Carolina on Friday, March 13, 2020. As of today, Robinson remains in North Carolina.
49. Robinson was unable to cast a ballot in early voting before leaving Gainesville, and it is now too late for her to request a mail ballot.
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50. As a result of the state’s failure to provide any accommodation for the disruption caused by the coronavirus outbreak, Robinson and voters like her cannot execute their plans to vote in the Florida Presidential Preference Primary.
51. In addition to students displaced by emergency measures, Floridians across the state have had their voting plans disrupted as a result of the response to the COVID-19 emergency. Many Floridians, such as Plaintiff Baez, have entered quarantine or are engaging in social distancing to prevent contraction or spread of the virus. Others, such as Plaintiffs Ray and Kathleen Winters, are at elevated risk of serious health consequences should they become infected with COVID-19. These Floridians who planned to vote in person will be unable or unwilling to do so without putting themselves and others at risk.
52. Dream Defenders annually hosts a phone bank to reach voters around the State of Florida in advance of an election. As a result of the coronavirus, on March 13, 2020, Dream Defenders increased the number of calls that it normally makes to voters, out of concern that polling place changes and other obstacles may prevent them from voting.
53. During Dream Defenders’ calls with community members, the phone bankers have encountered multiple people that initially planned to vote in-person on Election Day but no longer intend to cast a ballot.
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54. Several people indicated during the phone bank that they do not plan to leave the house to vote because they are afraid of contracting the virus, and others indicated that they are exhibiting symptoms of being sick and want to be mindful of spreading their sickness to others.
55. Dream Defenders spoke with two individuals who, like Plaintiffs Spillman and Williams, are currently displaced because of the coronavirus from their assigned voting precinct. They will be unable to vote on Election Day because they cannot travel to their assigned polling place.
56. Dream Defenders’ phone bankers also encountered numerous people that are unsure of their polling place location for Election Day.
57. Neither the State of Florida nor Supervisors of Elections have issued information to guide people regarding polling place changes, and Dream Defenders has expended hours attempting to research polling place changes on Supervisors of Elections websites.
58. Florida statutes currently provide that in emergency situations when a voter is unable to leave their home, the SOEs may have a ballot delivered to that person or their immediate family member on Election Day.21
21 Fla. Stat. §101.62(4)(c)(5).
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59. Another Florida statute provides that “[i]f a national or local emergency or other situation arises which makes substantial compliance with the provisions of state or federal law relating to the methods of voting for overseas voters impossible or unreasonable…the Elections Canvassing Commission may adopt by emergency rules such special procedures or requirements necessary to facilitate absentee voting by those persons directly affected who are otherwise eligible to vote in the election.”22
CLAIMS FOR RELIEF COUNT ONE
Undue Burden on the Right to Vote in Violation of the Fourteenth Amendment
60. Plaintiffs reallege and incorporate by reference the allegations contained in each of the preceding paragraphs.
61. This Court has the authority to enter a declaratory judgment and to provide preliminary and permanent injunctive relief pursuant to Rules 57 and 65 of the Federal Rules of Civil Procedure and 28 U.S.C. §§ 2201 and 2202.
62. Under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, a court considering a challenge to a state election law “must weigh ‘the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to
22 Fla. Stat. §101.698.
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vindicate’ against ‘the precise interests put forward by the State as justifications for the burden imposed by its rule,’ taking into consideration ‘the extent to which those interests make it necessary to burden the plaintiff’s rights.’” Burdick v. Takushi, 504 U.S. 428, 434 (1992) (quoting Anderson v. Celebrezze, 460 U.S. 780, 789 (1983)).
63. Unless Plaintiffs are granted the relief requested, there is a strong likelihood that the right to vote of thousands of Floridians, including the Individual Plaintiffs and Organizational Plaintiffs’ members and constituents, will be severely burdened (if not eliminated entirely) in the 2020 presidential preference primary.
64. Because of the crisis created by COVID-19, many Floridians, including Plaintiffs Spillman, Baez, Williams, Ray Winters, and Kathleen Winters, are not able or willing to vote in person at the polls on Tuesday as they had planned and have now missed the March 7, 2020, deadline to request voteby-mail ballots.
65. These individuals now have no means of casting a ballot except by appearing in person at their Supervisor of Elections office to request an emergency vote-by-mail ballot or appearing and voting in person at their assigned polling place.
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66. For many of these voters, such as Plaintiffs Spillman and Williams, neither of these options are practicable because they are not presently in the counties where they are registered.
67. For others, such as Plaintiffs Ray and Kathleen Winters, appearing in person at either the Supervisor of Elections office or the polls would subject them to unreasonable health risks because their age or underlying health conditions make them particularly vulnerable to COVID-19.
68. For still other voters, including Plaintiff Baez, who just returned from overseas travel, appearing in person to request a ballot or vote risks subjecting others to potential infection and would be contrary to the advice of public health officials.
69. Moreover, even if it were still possible to request a vote-by-mail ballot, these individuals would have no practicable way of receiving and then returning their ballots, because Defendants’ rules permit delivery and return of vote-by-mail ballots only by mail for domestic non-military voters.
70. Organizational Plaintiffs Dream Defenders, New Florida Majority, and Organize Florida all have members who are similarly situated to these individual Plaintiffs.
71. Because the Defendants have failed and refused to extend the voteby-mail request and return deadlines or expand the means by which individuals
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may receive and return vote-by-mail ballots, Plaintiffs will be entirely deprived of the opportunity to vote in the presidential preference primary, in violation of their rights under the First and Fourteenth Amendments.
72. Under these circumstances, the State’s enforcement of the March 7 vote-by-mail request deadline and its refusal to allow the delivery of ballots by email or fax or accommodate voters who are particularly vulnerable to COVID-19 constitute an undue burden on the right to vote.
73. Defendants cannot provide any colorable justification for their refusal, in light of the COVID-19 crisis, to extend the vote-by-mail request and return deadlines or to expand the mechanisms for delivering vote-by-mail ballots.
COUNT TWO Failure to Provide Reasonable Accommodations in Violation of Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12131, et seq.) 74. Plaintiffs reallege and incorporate by reference the allegations contained in each of the preceding paragraphs. 75. Under Title II of the Americans with Disabilities Act, state and local governments must not impose requirements on participation in public services, programs, or activities, including voting, that screen out individuals with disabilities from fully and equally enjoying those programs and must make reasonable modifications in policies, practices, or procedures, including voting
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and election procedures, when the modifications are necessary to avoid discrimination on the basis of disability.
76. Individuals who suffer a significant medical vulnerability that places them at extremely high risk of serious bodily injury or death should they leave the confines of their homes—including Plaintiff Ray Winters whose heart condition puts him at significant risk of severe illness or death should he contract COVID19—have a disability within the meaning of the ADA.
77. Defendants’ failure and refusal to extend the deadlines and mechanisms for requesting and returning a vote-by-mail ballot constitute a failure to make a reasonable accommodation for those, such as Plaintiff Ray Winters, whose health and age limit their ability to have contact with others in this time of public health emergency created by COVID-19 and further constitutes a condition on access to the ballot box that has the effect of screening out such individuals from participating in the PPP, in violation of Title II of the Americans with Disabilities Act.
COUNT THREE Failure to Provide Reasonable Accommodations in Violation of
Section 504 of the Rehabilitation Act (29 U.S.C. § 794) 78. Plaintiffs reallege and incorporate by reference the allegations contained in each of the preceding paragraphs.
24

Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 25 of 29
79. Under Section 504 of the Rehabilitation Act, federally funded programs, including state and local programs related to elections and voting, must not discriminate against individuals with disabilities and must make reasonable accommodations to allow individuals with disabilities to access the federal funded program, activity, or service.
80. Voters such as Plaintiff Ray Winters, who suffer from health conditions that put them at significant risk of bodily injury or death should they leave the confines of their homes, have a disability within the meaning of the Rehabilitation Act.
81. Defendants’ failure and refusal to extend the deadlines and mechanisms for requesting and returning a vote-by-mail ballot constitute a failure to make a reasonable accommodation for those, such as Plaintiff Ray Winters, whose health and age limit their ability to have contact with others in this time of public health emergency created by COVID-19 and further constitutes a condition on access to the ballot box that has the effect of screening out such individuals from participating in the PPP, in violation of Section 504 of the Rehabilitation Act.
25

Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 26 of 29
REQUEST FOR RELIEF Wherefore, Plaintiffs respectfully request that this Court enter judgment: A. Preliminarily and permanently enjoining Defendants from enforcing the current deadlines and requirements for vote-by-mail ballots, and mandating safe and sanitary voting procedures for all voters who wish to participate in the Presidential Preference Primary on March 17, 2020. B. Ordering Defendants to extend the deadline for people to request a vote-by-mail ballot from 10 days before the election to March 24, 2020. C. Ordering Defendants to allow people to request that their ballot be sent to them via e-mail or fax as well as mail. D. Ordering Defendants to adjust the deadline for people to return their vote-by-mail ballot, counting them as long as they are postmarked by March 24, 2020, and are received by March 27, 2020, consistent with the accommodation already made for military and overseas voters. E. Ordering Defendants to allow people utilizing vote-by-mail to submit their ballots at a variety of drop boxes, including drop boxes at polling sites that are not their precincts. F. Ordering Defendants to allow a third-party individual to collect ballots from those utilizing vote-by-mail and drop off these ballots at the drop
26

Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 27 of 29
boxes mentioned above. There should not be a limit on the number of ballots that a person is able to collect and drop off through the extended balloting period.
G. Ordering Defendants to permit voters to vote curbside with a paper ballot.
H. Ordering Defendants to give poll workers discretion to permit voters from vulnerable populations (senior citizens, voters who are immunocompromised, etc.) to move to the front of the line of waiting voters.
I. Ordering Defendants to assign line-walkers to make sure voters are in their correct polling location, have required identification, and articulate any needs for assistance so that everyone may check in and move through the polling place efficiently.
J. Ordering Defendants to revise the layout of polling places to ensure that stations and individuals are six feet apart, while maintaining as paramount voter privacy when marking ballots.
K. Ordering Defendants to train and instruct poll workers to sanitize all appropriate surfaces within the polling place multiple times regularly throughout Election Day.
27

Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 28 of 29
L. Ordering Defendants to ensure that, beyond the recommendations above, SOEs are aware of and following the CDC’s recommendations for polling place health and safety during the COVID-19 outbreak.23
M. Ordering Defendants to instruct SOEs to contact all voters whose polling places have changed as a result of site relocations. Supervisors should also attempt to station a poll worker at each of the old voting sites to alert voters that the polling place has changed.
N. Ordering Defendants to instruct SOEs to update their county websites to specifically flag polling places that have changed as a result of site relocations.
O. Ordering Defendants to develop public service announcements and transmit them via print, radio, and social media to alert Floridians to the expanded opportunities to vote.
P. Awarding Plaintiffs their costs, expenses, and reasonable attorneys’ fees pursuant to, inter alia, 42 U.S.C. 1983 and other applicable laws; and
Q. Granting such other relief as the Court deems just and proper.
23 “Recommendations for Election Polling Locations,” Centers for Disease Control (Mar. 10, 2020) (www.cdc.gov/coronavirus/2019-ncov/community/electionpolling-locations.html).
28

Case 1:20-cv-00067-RH-GRJ Document 1 Filed 03/16/20 Page 29 of 29

Dated: March 16, 2020

Respectfully submitted,

By: /s/ Kira Romero-Craft Kira Romero-Craft

CHIRAAG BAINS* Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 (202) 864-2746 cbains@demos.org
STUART NAIFEH* KATHRYN C. SADASIVAN* MIRANDO GALINDO* EMERSON GORDON-MARVIN* Dēmos 80 Broad St, 4th Floor New York, NY 10004 (212) 485-6055 snaifeh@demos.org ksadasivan@demos.org mgalindo@demos.org egordonmarvin@demos.org

JUDITH A. BROWNE DIANIS* GILDA DANIELS* JESS UNGER* Advancement project national office 1220 L Street N.W., Suite 850 Washington, D.C. 20005 (202) 728-9557 jbrowne@advancementproject.org gdaniels@advancementproject.org junger@advancementproject.org
KIRA ROMERO-CRAFT (FL SBN 49927) LatinoJustice PRLDEF 523 West Colonial Drive Orlando, Florida 32804 (321) 418-6354 kromero@latinojustice.org
FRANCISCA FAJANA* JACKSON CHIN* LatinoJustice PRLDEF 475 Riverside Drive Suite 1901 New York, NY 10115 ffajana@latinojustice.org jchin@latinojustice.org

Attorneys for Plaintiffs
*Application for admission pro hac vice forthcoming

29

 
 U.S. District Court Northern District of Florida (Gainesville) CIVIL DOCKET FOR CASE #: 1:20-cv-00067-RH-GRJ

WILLIAMS et al v. DESANTIS et al Assigned to: JUDGE ROBERT L HINKLE Referred to: MAGISTRATE JUDGE GARY R JONES Demand: $0 Cause: 42:1983 Civil Rights Act

Date Filed: 03/16/2020 Date Terminated: 08/05/2020 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question

Plaintiff DREAM DEFENDERS

represented by CHIRAAG BAINS DEMOS - WASHINGTON DC 740 6TH STREET NW STE 2ND FLOOR WASHINGTON, DC 20001 202-864-2746 Email: cbains@demos.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANCISCA D FAJANA NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE 275 7TH AVENUE SUITE 1506 NEW YORK, NY 10001 212-633-6967 Email: FFajana@latinojustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY ANDREW MILLER ARNOLD & PORTER LLP - PALO ALTO CA 3000 EL CAMINO REAL FIVE PALO ALTO SQUARE SUITE 500 PALO ALTO, CA 94306-3807 650-319-4538 Email: jeffrey.miller@arnoldporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUNGHYUN BAEK ARNOLD & PORTER LLP WASHINGTON DC 601 MASSACHUSETTS NW WASHINGTON, DC 20001 202-942-5545 Fax: 202-942-5000 Email: junghyun.baek@arnoldporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN DEMOS - NEW YORK NY 80 BROAD STREET 4TH FLOOR NEW YORK, NY 10004 702-606-6049 Email: ksadasivan@demos.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO DEMOS - NEW YORK NY 80 BROAD STREET 4TH FLOOR NEW YORK, NY 10004 212-485-6240 Email: mgalindo@demos.org ATTORNEY TO BE NOTICED
JAVIER A ORTEGA ARNOLD & PORTER LLP - NEW YORK NY 250 WEST 55TH STREET NEW YORK, NY 10019 212-836-8182 Email: javier.ortega@arnoldporter.com ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON ADVANCEMENT PROJECT NATIONAL OFFICE WASHINGTON DC 1220 L STREET NW

SUITE 850 WASHINGTON, DC 20005 202-728-9557 Fax: 202-728-9558 Email: jlaipeterson@advancementproject.org ATTORNEY TO BE NOTICED
JEREMY KARPATKIN ARNOLD & PORTER LLP WASHINGTON DC 601 MASSACHUSETTS NW WASHINGTON, DC 20001 202-942-5545 Fax: 202-942-5000 Email: jeremy.karpatkin@arnoldporter.com ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN DEMOS - NEW YORK NY 80 BROAD STREET 4TH FLOOR NEW YORK, NY 10004 212-485-6064 Email: egordonmarvin@demos.org ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT ADVANCEMENT PROJECT NATIONAL OFFICE 1220 L STREET NW SUITE 850 WASHINGTON, DC 20005 202-728-9557 Email: sscott@advancementproject.org ATTORNEY TO BE NOTICED
STUART C NAIFEH DEMOS - NEW YORK NY 80 BROAD STREET 4TH FLOOR NEW YORK, NY 10004 212-485-6055 Email: snaifeh@demos.org

Plaintiff
NEW FLORIDA MAJORITY EDUCATION FUND

ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA ARNOLD & PORTER LLP WASHINGTON DC 601 MASSACHUSETTS NW WASHINGTON, DC 20001 202-942-5545 Fax: 202-942-5000 Email: william.omorogieva@arnoldporter.com ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT LATINO JUSTICE PRLDEF ORLANDO FL 523 WEST COLONIAL DRIVE ORLANDO, FL 32804 321-418-6354 Email: kromero@latinojustice.org ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY

Plaintiff ORGANIZE FLORIDA

ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO (See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO (See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED

Plaintiff TERRIAYNA SPILLMAN TERMINATED: 03/18/2020
Plaintiff RAY WINTERS TERMINATED: 04/24/2020

SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO

Plaintiff
KATHLEEN WINTERS TERMINATED: 04/24/2020

(See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO (See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
BIANCA MARIA BAEZ TERMINATED: 07/15/2020

SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANCISCA D FAJANA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY

Plaintiff ACACIA WILLIAMS

ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO (See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) ATTORNEY TO BE NOTICED
represented by CHIRAAG BAINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
KIRA ROMERO-CRAFT (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EMILY MIRANDA GALINDO (See above for address) ATTORNEY TO BE NOTICED
FRANCISCA D FAJANA (See above for address) ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
KATHRYN C SADASIVAN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED

ZEBRA COALITION
Plaintiff MURRAY HELLER

represented by JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
represented by JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff SHEILA YOUNG

JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
represented by JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY

Plaintiff CELCIO EDUARDO ROMERO

ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
represented by JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address)

Plaintiff
PAULINA HERNANDEZ MORALES

LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA (See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
represented by JEFFREY ANDREW MILLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JENNIFER Y LAI-PETERSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JUNGHYUN BAEK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM OMOROGIEVA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAVIER A ORTEGA

V. Intervenor Plaintiff JAMES K KRACHT TERMINATED: 08/06/2020
Intervenor Plaintiff DEBORAH C GRUBB TERMINATED: 08/06/2020
Intervenor Plaintiff DOUGLAS E HALL TERMINATED: 08/05/2020
Intervenor Plaintiff

(See above for address) ATTORNEY TO BE NOTICED
JEREMY KARPATKIN (See above for address) ATTORNEY TO BE NOTICED
SEAN EMERSON GORDONMARVIN (See above for address) ATTORNEY TO BE NOTICED
SHARION TRENELL SCOTT (See above for address) ATTORNEY TO BE NOTICED
STUART C NAIFEH (See above for address) ATTORNEY TO BE NOTICED
represented by MATTHEW WILSON DIETZ LAW OFFICES OF MATTHEW W DIETZ PL - MIAMI FL 2990 SW 35TH AVE MIAMI, FL 33133 305-669-2822 Fax: 305-442-4181 Email: mdietz@justdigit.org ATTORNEY TO BE NOTICED
represented by MATTHEW WILSON DIETZ (See above for address) ATTORNEY TO BE NOTICED
represented by MATTHEW WILSON DIETZ (See above for address) ATTORNEY TO BE NOTICED

CARL F MCCOY TERMINATED: 08/06/2020
Intervenor Plaintiff DOLOR GINCHEREAU TERMINATED: 08/06/2020
Intervenor Plaintiff FLORIDA COUNCIL OF THE BLIND TERMINATED: 08/06/2020

represented by MATTHEW WILSON DIETZ (See above for address) ATTORNEY TO BE NOTICED
represented by MATTHEW WILSON DIETZ (See above for address) ATTORNEY TO BE NOTICED
represented by MATTHEW WILSON DIETZ (See above for address) ATTORNEY TO BE NOTICED

V. Defendant RON DESANTIS IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF FLORIDA
Defendant LAUREL M LEE IN HER OFFICIAL CAPACITY AS FLORIDA SECRETARY OF STATE

represented by NICHOLAS ALLEN PRIMROSE EXECUTIVE OFFICE OF THE GOVERNOR 400 S MONROE STREET THE CAPITOL PL-05 TALLAHASSEE, FL 32399 850-717-9310 Fax: 850-488-9810 Email: nicholas.primrose@eog.myflorida.com ATTORNEY TO BE NOTICED
represented by ASHLEY E DAVIS FLORIDA DEPARTMENT OF STATE RA GRAY BUILDING 500 SOUTH BRONOUGH STREET SUITE 100 TALLAHASSEE, FL 32399 850-245-6531 Email: ashley.davis@dos.myflorida.com ATTORNEY TO BE NOTICED
BRADLEY ROBERT MCVAY FLORIDA DEPARTMENT OF STATE OFFICE OF GENERAL COUNSEL

Defendant
FLORIDA ELECTIONS CANVASSING COMMISSION

500 S BRONOUGH STREET TALLAHASSEE, FL 32399 352-219-5195 Email: brad.mcvay@dos.myflorida.com ATTORNEY TO BE NOTICED
GEORGE N MEROS , JR HOLLAND & KNIGHT LLP TALLAHASSEE FL 315 S CALHOUN STREET SUITE 600 TALLAHASSEE, FL 32301 850-425-7000 Email: gmeros@shutts.com ATTORNEY TO BE NOTICED
TARA R PRICE HOLLAND & KNIGHT LLP TALLAHASSEE FL 315 S CALHOUN STREET SUITE 600 TALLAHASSEE, FL 32301 Email: Tara.Price@hklaw.com ATTORNEY TO BE NOTICED
represented by ELIZABETH ANN TEEGEN ATTORNEY GENERAL - PL-01 TALLAHASSEE FL STATE OF FLORIDA PL 01 THE CAPITOL 400 S MONROE ST TALLAHASSEE, FL 32399 850-414-3808 Fax: 850-414-9650 Email: elizabeth.teegen@myfloridalegal.com ATTORNEY TO BE NOTICED
TIMOTHY LEEDS NEWHALL FLORIDA ATTORNEY GENERAL TALLAHASSEE FL PL-01 THE CAPITOL SUITE 310 32399-1050

Defendant KIM A BARTON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR ALACHUA COUNTY
Defendant NITA CRAWFORD IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR BAKER COUNTY Defendant MARK ANDERSEN IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR BAY COUNTY Defendant TERRY L VAUGHAN IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR BRADFORD COUNTY Defendant

TALLAHASSEE, FL 32399-1050 850-414-3300 Fax: 850-488-4872 Email: timothy.newhall@myfloridalegal.com ATTORNEY TO BE NOTICED
represented by CORBIN FREDERICK HANSON ALACHUA COUNTY ATTORNEYS OFFICE - GAINESVILLE FL 12 SE 1ST STREET 2nd Floor GAINESVILLE, FL 32601 352-374-5218 Email: cfhanson@alachuacounty.us ATTORNEY TO BE NOTICED
ROBERT CHARLES SWAIN ALACHUA COUNTY ATTORNEY'S OFFICE 12 SE FIRST ST PO BOX 2877 GAINESVILLE, FL 32602 352-374-5218 Email: bswain@alachuacounty.us ATTORNEY TO BE NOTICED

LORI SCOTT IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS BREVARD COUNTY
Defendant PETER ANTONACCI IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR BROWARD COUNTY
Defendant SHARON CHASON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR CALHOUN COUNTY Defendant PAUL A STAMOULIS IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR CHARLOTTE COUNTY Defendant SUSAN A GILL IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS CITRUS COUNTY
Defendant CHRIS H CHAMBLESS IN HIS OFFICIAL CAPACITY AS

represented by FRANK MICHAEL MARI BELL & ROPER PA - ORLANDO FL 2707 E JEFFERSON ST ORLANDO, FL 32803 407-897-5150 Fax: 407-897-3332 Email: fmari@bellroperlaw.com ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS GRAYROBINSON PA TALLAHASSEE FL 301 S BRONOUGH ST STE 600 TALLAHASSEE, FL 32301 850-577-9090 Fax: 850-577-3311 Email: andy.bardos@grayrobinson.com ATTORNEY TO BE NOTICED
represented by DALE A SCOTT BELL & ROPER PA - ORLANDO FL 2707 E JEFFERSON ST ORLANDO, FL 32803 407-897-5150 Fax: 407-897-3332 Email: dscott@bellroperlaw.com ATTORNEY TO BE NOTICED

SUPERVISIOR OF ELECTIONS FOR CLAY COUNTY
Defendant JENNIFER J EDWARDS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR COLLIER COUNTY
Defendant ELIZABETH P HORNE IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR COLUMBIA COUNTY
Defendant MARK F NEGLEY IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR DESOTO COUNTY
Defendant STARLET CANNON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR DIXIE COUNTY
Defendant MIKE HOGAN IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR DUVAL COUNTY
Defendant DAVID H STAFFORD IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR ESCAMBIA COUNTY
Defendant

represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by KIA M JOHNSON ESCAMBIA COUNTY ATTORNEYS OFFICE - PENSACOLA FL 221 PALAFOX PLACE SUITE 430 PENSACOLA, FL 32502 850-595-4970 Email: kmjohnson@myescambia.com ATTORNEY TO BE NOTICED

KAITI LENHART IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR FLAGLER COUNTY
Defendant HEATHER RILEY IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR FRANKLIN COUNTY
Defendant SHIRLEY G KNIGHT IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR GADSDEN COUNTY
Defendant CONNIE SANCHEZ IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR GILCHRIST COUNTY
Defendant ALETRIS FARNAM IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR GLADES COUNTY
Defendant JOHN HANLON IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR GULF COUNTY
Defendant LAURA HUTTO IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HAMILTON COUNTY
Defendant

represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED
represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED
represented by GERALDO FRANCIS OLIVO , III HENDERSON FRANKLIN STARNES ETC - FORT MYERS FL 1715 MONROE ST [33901] PO BOX 280 FORT MYERS, FL 33902 239-344-1168 Email: jerry.olivo@henlaw.com ATTORNEY TO BE NOTICED
represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED

DIANE SMITH IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS HARDEE COUNTY
Defendant BRENDA HOOTS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HENDRY COUNTY
Defendant SHIRLEY ANDERSON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HERNANDO COUNTY
Defendant PENNY OGG IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HIGHLANDS COUNTY
Defendant CRAIG LATIMER IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HILLSBOROUGH COUNTY
Defendant THERISA MEADOWS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR HOLMES COUNTY
Defendant LESLIE ROSSWAY SWAN IN HER OFFICIAL CAPACITY AS

represented by GERALDO FRANCIS OLIVO , III (See above for address) ATTORNEY TO BE NOTICED
represented by GERALDO FRANCIS OLIVO , III (See above for address) ATTORNEY TO BE NOTICED
represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED
represented by STEPHEN MARK TODD OFFICE OF THE COUNTY ATTORNEY HILLSBOROUGH COUNTY 601 E KENNEDY BLVD 27TH FLOOR TAMPA, FL 33602 813-272-5670 Fax: 813-272-5758 Email: todds@hillsboroughcounty.org ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED

SUPERVISIOR OF ELECTIONS FOR INDIAN RIVER COUNTY
Defendant
SYLVIA D STEPHENS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR JACKSON COUNTY
Defendant
MARTY BISHOP IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR JEFFERSON COUNTY
Defendant
TRAVIS HART IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LAFAYETTE COUNTY
Defendant
ALAN HAYS IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LAKE COUNTY
Defendant
TOMMY DOYLE IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LEE COUNTY
Defendant
MARK EARLEY IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LEON COUNTY
Defendant
TAMMY JONES IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LEVY COUNTY
Defendant

represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by GERALDO FRANCIS OLIVO , III (See above for address) ATTORNEY TO BE NOTICED

GINA MCDOWELL IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR LIBERTY COUNTY
Defendant
THOMAS R HARDEE IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR MADISON COUNTY
Defendant
MICHAEL BENNETT IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR MANATEE COUNTY
Defendant
WESLEY WILCOX IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR MARION COUNTY
Defendant
VICKI DAVIS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR MARTIN COUNTY
Defendant
CHRISTINA WHITE IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS MIAMI-DADE COUNTY
Defendant
JOYCE GRIFFIN IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS MONROE COUNTY
Defendant
VICKI P CANNON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR NASSAU COUNTY

represented by FRANK MICHAEL MARI (See above for address) ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED

Defendant PAUL A LUX IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR OKALOOSA COUNTY
Defendant DIANE HAGAN IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR OKEECHOBEE COUNTY Defendant BILL COWLES IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR ORANGE COUNTY
Defendant MARY JANE ARRINGTON IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR OSCEOLA COUNTY Defendant WENDY SARTORY LINK IN HER OFFICIAL CAPACITY AS

represented by ELIZABETH DESLOGE ELLIS NABORS GIBLIN & NICKERSON PA - TALLAHASSEE FL 1500 MAHAN DR STE 200 TALLAHASSEE, FL 32308 850-224-4070 Email: eellis@ngnlaw.com ATTORNEY TO BE NOTICED
GREGORY THOMAS STEWART NABORS GIBLIN & NICKERSON PA - TALLAHASSEE FL 1500 MAHAN DR STE 200 TALLAHASSEE, FL 32308 850-224-4070 Fax: 850-224-4073 Email: gstewart@ngn-tally.com ATTORNEY TO BE NOTICED
represented by GERALDO FRANCIS OLIVO , III (See above for address) ATTORNEY TO BE NOTICED
represented by NICHOLAS ARI SHANNIN SHANNIN LAW FIRM PA ORLANDO FL 214 EAST LUCERNE CIRCLE SUITE 200 ORLANDO, FL 32801 407-985-2222 Email: nshannin@shanninlaw.com ATTORNEY TO BE NOTICED

SUPERVISIOR OF ELECTIONS FOR PALM BEACH COUNTY
Defendant BRIAN E CORLEY IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR PASCO COUNTY
Defendant DEBORAH CLARK IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR PINELLAS COUNTY
Defendant LORI EDWARDS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR POLK COUNTY
Defendant CHARLES OVERTURF IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR PUTNAM COUNTY
Defendant TAPPIE A VILLANE IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR SANTA ROSA COUNTY
Defendant RON TURNER IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR SARASOTA COUNTY
Defendant

represented by ANDY V BARDOS (See above for address) ATTORNEY TO BE NOTICED
represented by ASHLEY N DONNELL PINELLAS COUNTY ATTORNEYS OFFICE 315 COURT STREET 6TH FLOOR CLEARWATER, FL 33756 727-464-3354 Email: adonnell@pinellascounty.org ATTORNEY TO BE NOTICED

CHRIS ANDERSON IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR SEMINOLE COUNTY
Defendant
VICKY OAKES IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR ST JOHNS COUNTY
Defendant
GERTRUDE WALKER IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR ST LUCIE COUNTY
Defendant
WILLIAM KEEN IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR SUMTER COUNTY
Defendant
GLENDA B WILLIAMS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR SUWANNEE COUNTY
Defendant
DANA SOUTHERLAND IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR TAYLOR COUNTY
Defendant
DEBORAH K OSBORNE IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR UNION COUNTY
Defendant
LISA LEWIS IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR VOLUSIA COUNTY

represented by FRANCIS JOSEPH CARROLL , Jr COUNTY OF VOLUSIA 123 WEST INDIANA AVENUE ROOM 301

Defendant HENRY WELLS IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR WAKULLA COUNTY
Defendant BOBBY BEASLEY IN HIS OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR WALTON COUNTY
Defendant CAROL F RUDD IN HER OFFICIAL CAPACITY AS SUPERVISIOR OF ELECTIONS FOR WASHINGTON COUNTY
Defendant CANVASSING BOARD OF ALACHUA COUNTY
Defendant CANVASSING BOARD OF BAKER COUNTY
Defendant CANVASSING BOARD OF BAY COUNTY
Defendant CANVASSING BOARD OF BRADFORD COUNTY
Defendant CANVASSING BOARD OF BREVARD COUNTY
Defendant

DELAND, FL 32720 386-736-5950 Fax: 386-736-5990 Email: fcarroll@volusia.org ATTORNEY TO BE NOTICED

CANVASSING BOARD OF BROWARD COUNTY
Defendant CANVASSING BOARD OF CALHOUN COUNTY
Defendant CANVASSING BOARD OF CHARLOTTE COUNTY
Defendant CANVASSING BOARD OF CITRUS COUNTY
Defendant CANVASSING BOARD OF CLAY COUNTY
Defendant CANVASSING BOARD OF COLLIER COUNTY
Defendant CANVASSING BOARD OF COLUMBIA COUNTY
Defendant CANVASSING BOARD OF DESOTO COUNTY
Defendant CANVASSING BOARD OF DIXIE COUNTY
Defendant CANVASSING BOARD OF DUVAL COUNTY
Defendant CANVASSING BOARD OF ESCAMBIA COUNTY
Defendant

represented by KIA M JOHNSON (See above for address) ATTORNEY TO BE NOTICED

CANVASSING BOARD OF FLAGLER COUNTY
Defendant CANVASSING BOARD OF FRANKLIN COUNTY
Defendant CANVASSING BOARD OF GADSDEN COUNTY
Defendant CANVASSING BOARD OF GILCHRIST COUNTY
Defendant CANVASSING BOARD OF GLADES COUNTY
Defendant CANVASSING BOARD OF GULF COUNTY
Defendant CANVASSING BOARD OF HAMILTON COUNTY
Defendant CANVASSING BOARD OF HARDEE COUNTY
Defendant CANVASSING BOARD OF HENDRY COUNTY
Defendant CANVASSING BOARD OF HERNANDO COUNTY
Defendant CANVASSING BOARD OF HIGHLANDS COUNTY
Defendant

CANVASSING BOARD OF HILLSBOROUGH COUNTY
Defendant CANVASSING BOARD OF HOLMES COUNTY Defendant CANVASSING BOARD OF INDIAN RIVER COUNTY
Defendant CANVASSING BOARD OF JACKSON COUNTY Defendant CANVASSING BOARD OF JEFFERSON COUNTY Defendant CANVASSING BOARD OF LAFAYETTE COUNTY Defendant CANVASSING BOARD OF LAKE COUNTY Defendant CANVASSING BOARD OF LEE COUNTY Defendant CANVASSING BOARD OF LEON COUNTY Defendant CANVASSING BOARD OF LEVY COUNTY

represented by STEPHEN MARK TODD (See above for address) ATTORNEY TO BE NOTICED
represented by DYLAN T REINGOLD INDIAN RIVER COUNTY COUNTY ATTORNEYS OFFICE 1801 27TH STREET BUILDING A VERO BEACH, FL 32960 772-226-1427 Email: dreingold@ircgov.com ATTORNEY TO BE NOTICED

Defendant CANVASSING BOARD OF LIBERTY COUNTY
Defendant CANVASSING BOARD OF MADISON COUNTY
Defendant CANVASSING BOARD OF MANATEE COUNTY
Defendant CANVASSING BOARD OF MARION COUNTY
Defendant CANVASSING BOARD OF MARTIN COUNTY
Defendant CANVASSING BOARD OF MIAMI-DADE COUNTY
Defendant CANVASSING BOARD OF MONROE COUNTY
Defendant CANVASSING BOARD OF NASSAU COUNTY
Defendant CANVASSING BOARD OF OKALOOSA COUNTY
Defendant CANVASSING BOARD OF OKEECHOBEE COUNTY
Defendant CANVASSING BOARD OF ORANGE COUNTY

represented by SCOTT ROBERT MCHENRY ORANGE COUNTY ATTORNEYS OFFICE - ORLANDO FL 201 S ROSALIND AVENUE 3RD FLOOR

Defendant CANVASSING BOARD OF OSCEOLA COUNTY Defendant CANVASSING BOARD OF PALM BEACH COUNTY Defendant CANVASSING BOARD OF PASCO COUNTY Defendant CANVASSING BOARD OF PINELLAS COUNTY
Defendant CANVASSING BOARD OF POLK COUNTY Defendant CANVASSING BOARD OF PUTNAM COUNTY Defendant CANVASSING BOARD OF SANTA ROSA COUNTY Defendant CANVASSING BOARD OF SARASOTA COUNTY Defendant

ORLANDO, FL 32801 720-380-5654 Email: scott.mchenry@ocfl.net ATTORNEY TO BE NOTICED
represented by JARED DOUGLAS KAHN PINELLAS COUNTY ATTORNEYS OFFICE 315 COURT STREET 6TH FLOOR CLEARWATER, FL 33756 813-786-4034 Email: jkahn@co.pinellas.fl.us ATTORNEY TO BE NOTICED

CANVASSING BOARD OF SEMINOLE COUNTY
Defendant CANVASSING BOARD OF ST JOHNS COUNTY
Defendant CANVASSING BOARD OF ST LUCIE COUNTY
Defendant CANVASSING BOARD OF SUMTER COUNTY
Defendant CANVASSING BOARD OF SUWANNEE COUNTY
Defendant CANVASSING BOARD OF TAYLOR COUNTY
Defendant CANVASSING BOARD OF UNION COUNTY
Defendant CANVASSING BOARD OF VOLUSIA COUNTY
Defendant CANVASSING BOARD OF WAKULLA COUNTY
Defendant CANVASSING BOARD OF WALTON COUNTY
Defendant CANVASSING BOARD OF WASHINGTON COUNTY

represented by FRANCIS JOSEPH CARROLL , Jr (See above for address) ATTORNEY TO BE NOTICED

Date Filed

# Docket Text

03/16/2020
03/16/2020 03/16/2020 03/16/2020
03/17/2020 03/17/2020 03/17/2020 03/17/2020 03/17/2020 03/17/2020

COMPLAINT against All Defendants ( Filing fee $ 400 receipt

1

number AFLNDC-4959842.), filed by Ray Winters, NEW

FLORIDA MAJORITY EDUCATION FUND, Kathleen Winters,

Dream Defenders, Baez Maria Bianca, Organize Florida, Acacia

Williams, Terriayna Spillman. (Attachments: # 1 Summons for

DeSantis, # 2 Summons for Lee, # 3 Summons for FL Elections

Canvassing Board) (ROMERO-CRAFT, KIRA) (Entered:

03/16/2020)

2 CIVIL COVER SHEET. (Attachments: # 1 Appendix Attorney list) (ROMERO-CRAFT, KIRA) (Entered: 03/16/2020)

3 Corporate Disclosure Statement/Certificate of Interested Persons by Baez Maria Bianca, Dream Defenders, NEW FLORIDA MAJORITY EDUCATION FUND, Organize Florida, Terriayna Spillman, Acacia Williams, Kathleen Winters, Ray Winters. (ROMERO-CRAFT, KIRA) (Entered: 03/16/2020)

Emergency MOTION for Temporary Restraining Order and

4

Preliminary Injunction by Baez Maria Bianca, Dream Defenders,

NEW FLORIDA MAJORITY EDUCATION FUND, Organize

Florida, Terriayna Spillman, Acacia Williams, Kathleen Winters,

Ray Winters. (Attachments: # 1 Exhibit Declaration of Acacia

Williams, # 2 Exhibit Declaration of Bianca M Baez, # 3 Exhibit

Declaration of Rachel Gilmer, # 4 Exhibit Declaration of Eva

Robinson, # 5 Exhibit Declaration of Kathleen Winters, # 6 Exhibit

Declaration of Ray Winters, # 7 Exhibit Declaration of Terriayna

Spillman) (ROMERO-CRAFT, KIRA) (Entered: 03/16/2020)

5 NOTICE of Appearance by ASHLEY E DAVIS on behalf of LAUREL M LEE (DAVIS, ASHLEY) (Entered: 03/17/2020)

6 NOTICE of Appearance by TARA R PRICE on behalf of LAUREL M LEE (PRICE, TARA) (Entered: 03/17/2020)

7 NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL M LEE (MCVAY, BRADLEY) (Entered: 03/17/2020)

8 NOTICE of Appearance by GEORGE N MEROS, JR on behalf of LAUREL M LEE (MEROS, GEORGE) (Entered: 03/17/2020)

9 NOTICE of Appearance by NICHOLAS ALLEN PRIMROSE on behalf of RON DESANTIS (PRIMROSE, NICHOLAS) (Entered: 03/17/2020)

10 NOTICE Corrected Summons of Ron DeSantis by Baez Maria Bianca, Dream Defenders, NEW FLORIDA MAJORITY EDUCATION FUND, Organize Florida, Terriayna Spillman,

03/17/2020 03/17/2020 03/17/2020 03/17/2020
03/17/2020 03/17/2020
03/17/2020 03/18/2020

Acacia Williams, Kathleen Winters, Ray Winters (ROMEROCRAFT, KIRA) (Entered: 03/17/2020)
11 Summons Issued as to RON DESANTIS, FLORIDA ELECTIONS CANVASSING COMMISSION, LAUREL M LEE. (kdm) (Entered: 03/17/2020)

12

ORDER denying 4 a motion for a temporary restraining order.

Signed by JUDGE ROBERT L HINKLE on 3/17/20.

(sms) (Entered: 03/17/2020)

13 MOTION to Appear Pro Hac Vice by Fajana, Francisca.( Filing fee $ 201 receipt number AFLNDC-4962550.) by ACACIA WILLIAMS. (Attachments: # 1 Certificate of Good Standing) (FAJANA, FRANCISCA) (Entered: 03/17/2020)

14 ORDER granting 13 Motion to Appear Pro Hac Vice (Appointed FRANCISCA D FAJANA for BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS). Signed by MAGISTRATE JUDGE GARY R JONES on 3/17/2020. (atm) (Entered: 03/17/2020)

15 MOTION to Appear Pro Hac Vice by Kathryn C. Sadasivan.( Filing fee $ 201 receipt number AFLNDC-4964747.) by NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS. (SADASIVAN, KATHRYN) (Entered: 03/17/2020)

Second MOTION for Temporary Restraining Order and

16

Preliminary Injunction by BIANCA MARIA BAEZ, DREAM

DEFENDERS, NEW FLORIDA MAJORITY EDUCATION

FUND, ORGANIZE FLORIDA, ACACIA WILLIAMS,

KATHLEEN WINTERS, RAY WINTERS. (Attachments:

# 1 Appendix Declaration of Cierra Medina, # 2 Appendix

Declaration of Jessica Alcocer, # 3 Appendix Declaration of Marina

Golan-Vilella, # 4 Appendix Declaration of Murray Heller,

# 5 Appendix Declaration of Rose Marie Barfield, # 6 Appendix

Declaration of Carolyn Thompson) (ROMERO-CRAFT, KIRA)

(Entered: 03/17/2020)

17 NOTICE of Voluntary Dismissal by TERRIAYNA SPILLMAN (ROMERO-CRAFT, KIRA) (Entered: 03/17/2020)

18 ORDER DENYING THE RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER, DENYING IN PART THE MOTION FOR A PRELIMINARY INJUNCTION, AND

03/18/2020 03/19/2020 03/31/2020

SETTING A SCHEDULE. The second motion for a temporary
restraining order, ECF No. 16 , is denied. The motion for a
preliminary injunction, ECF No. 4 , is denied with respect to the March 17 presidential primary and remains pending with respect to future elections. The deadline for the Federal Rule of Civil Procedure 26(f) attorney conference is April 6, 2020. The deadline to file the Rule 26(f) report is 4/13/2020. The deadline for the defendants to respond to the remaining part of the preliminary-
injunction motion, ECF No. 4 , is extended to 4/20/2020. Absent good cause set out in the 26(f) report, the discovery deadline will be 6/5/2020, and a consolidated hearing on the preliminaryinjunction motion will occur during the two-week period that begins on July 20, 2020. Based on the plaintiff Terriayna Spillman's notice of voluntary dismissal, ECF No. 17 , the complaint is deemed amended to delete her claims. Signed by JUDGE ROBERT L HINKLE on 3/18/20. (blb) (Entered: 03/18/2020)
19 ORDER granting 15 Motion to Appear Pro Hac Vice (Appointed KATHRYN C SADASIVAN for BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS). Signed by MAGISTRATE JUDGE GARY R JONES on 3/18/2020. (atm) (Entered: 03/18/2020)
20 NOTICE OF TELEPHONIC HEARING: Telephonic Preliminary Injunction Hearing set for 7/28/2020 10:00 AM before JUDGE ROBERT L HINKLE.
Call in number: 888-684-8852 Access code: 3243416# Security code: 1234#
s/ Cindy Markley Courtroom Deputy Clerk (ckm) (Entered: 03/19/2020)
21 MOTION to Appear Pro Hac Vice by Chiraag Bains.( Filing fee $ 201 receipt number AFLNDC-5021057.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS. (Attachments: # 1 Exhibit Certificate of Good Standing) (ROMERO-CRAFT, KIRA) (Entered: 03/31/2020)

04/01/2020 04/06/2020 04/07/2020 04/13/2020 04/14/2020
04/15/2020 04/15/2020 04/16/2020

22 ORDER granting 21 Motion to Appear Pro Hac Vice (Appointed CHIRAAG BAINS for BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS). Signed by MAGISTRATE JUDGE GARY R JONES on 4/1/2020. (atm) (Entered: 04/02/2020)

23 MOTION to Appear Pro Hac Vice by Stuart Naifeh.( Filing fee $ 201 receipt number AFLNDC-5039084.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS. (Attachments: # 1 Appendix Certificate of Good Standing Stuart Naifeh) (NAIFEH, STUART) (Entered: 04/06/2020)

24 ORDER granting 23 Motion to Appear Pro Hac Vice Stuart Naifeh. Signed by MAGISTRATE JUDGE GARY R JONES on 4/7/20. (bkp) (Entered: 04/07/2020)

REPORT of Rule 26(f) Planning Meeting. (NAIFEH, STUART)

25

(Entered: 04/13/2020)

26 SCHEDULING AND MEDIATION ORDER Re: 25 Report of Rule 26(f) Planning Meeting: (Discovery due by 6/5/2020. Dispositive Motions to be filed by 5/18/2020. Jury Trial set for 7/20/2020 08:15 AM in U.S. Courthouse Gainesville before JUDGE ROBERT L HINKLE.) Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 4/14/2020. (atm) (Entered: 04/14/2020)

27 WAIVER OF SERVICE Returned Executed by RAY WINTERS, NEW FLORIDA MAJORITY EDUCATION FUND, KATHLEEN WINTERS, DREAM DEFENDERS, BIANCA MARIA BAEZ, ORGANIZE FLORIDA, ACACIA WILLIAMS. FLORIDA ELECTIONS CANVASSING COMMISSION waiver sent on 4/8/2020, answer due 6/8/2020. (NAIFEH, STUART) (Entered: 04/15/2020)

28 WAIVER OF SERVICE Returned Executed by RAY WINTERS, NEW FLORIDA MAJORITY EDUCATION FUND, KATHLEEN WINTERS, DREAM DEFENDERS, BIANCA MARIA BAEZ, ORGANIZE FLORIDA, ACACIA WILLIAMS. RON DESANTIS waiver sent on 4/8/2020, answer due 6/8/2020. (NAIFEH, STUART) (Entered: 04/15/2020)

29 MOTION to Appear Pro Hac Vice by Sharion Scott.( Filing fee $ 201 receipt number AFLNDC-5093927.) by BIANCA MARIA

04/17/2020 04/20/2020 04/20/2020 04/20/2020 04/20/2020

BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS. (Attachments: # 1 Certificate of Good Standing) (SCOTT, SHARION) (Entered: 04/17/2020)
30 MOTION to Appear Pro Hac Vice by Miranda Galindo.( Filing fee $ 201 receipt number AFLNDC-5098528.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS. (Attachments: # 1 Exhibit Certificate of Good Standing Miranda Galindo) (GALINDO, EMILY) (Entered: 04/17/2020)
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 30 MOTION to Appear Pro Hac Vice by Miranda Galindo.( Filing fee $ 201 receipt number AFLNDC5098528.), 29 MOTION to Appear Pro Hac Vice by Sharion Scott.( Filing fee $ 201 receipt number AFLNDC-5093927.). Referred to GARY R JONES. (bkp) (Entered: 04/20/2020)
31 ORDER granting 29 Motion to Appear Pro Hac Vice (Appointed SHARION TRENELL SCOTT for BIANCA MARIA BAEZ,SHARION TRENELL SCOTT for DREAM DEFENDERS,SHARION TRENELL SCOTT for NEW FLORIDA MAJORITY EDUCATION FUND,SHARION TRENELL SCOTT for ORGANIZE FLORIDA,SHARION TRENELL SCOTT for ACACIA WILLIAMS,SHARION TRENELL SCOTT for KATHLEEN WINTERS,SHARION TRENELL SCOTT for RAY WINTERS) signed by MAGISTRATE JUDGE GARY R JONES on 4/20/20. (bkp) (Entered: 04/20/2020)
32 ORDER granting 30 Motion to Appear Pro Hac Vice (Appointed EMILY MIRANDA GALINDO for BIANCA MARIA BAEZ,EMILY MIRANDA GALINDO for DREAM DEFENDERS,EMILY MIRANDA GALINDO for NEW FLORIDA MAJORITY EDUCATION FUND,EMILY MIRANDA GALINDO for ORGANIZE FLORIDA,EMILY MIRANDA GALINDO for ACACIA WILLIAMS,EMILY MIRANDA GALINDO for KATHLEEN WINTERS,EMILY MIRANDA GALINDO for RAY WINTERS) signed by MAGISTRATE JUDGE GARY R JONES on 4/20/20. (bkp) (Entered: 04/20/2020)
33 NOTICE of Appearance by ELIZABETH ANN TEEGEN on behalf of FLORIDA ELECTIONS CANVASSING COMMISSION (TEEGEN, ELIZABETH) (Entered: 04/20/2020)

04/20/2020 04/20/2020
04/20/2020 04/21/2020 04/21/2020 04/23/2020
04/24/2020 04/24/2020
04/24/2020

34 NOTICE of Appearance by TIMOTHY LEEDS NEWHALL on behalf of FLORIDA ELECTIONS CANVASSING COMMISSION (NEWHALL, TIMOTHY) (Entered: 04/20/2020)

FIRST AMENDED COMPLAINT against All Defendants All

35

Defendants., filed by NEW FLORIDA MAJORITY EDUCATION

FUND, DREAM DEFENDERS, BIANCA MARIA BAEZ,

ORGANIZE FLORIDA, ACACIA WILLIAMS, Zebra Coalition,

Murray Heller, Sheila Young, Celcio Eduardo Romero, Paulina

Hernandez Morales. (NAIFEH, STUART) (Entered: 04/20/2020)

36 Corporate Disclosure Statement/Certificate of Interested Persons by Zebra Coalition. (NAIFEH, STUART) (Entered: 04/20/2020)

37 NOTICE of Voluntary Dismissal by RAY WINTERS (NAIFEH, STUART) (Entered: 04/21/2020)

38 NOTICE of Voluntary Dismissal by KATHLEEN WINTERS (NAIFEH, STUART) (Entered: 04/21/2020)

39 MOTION to Appear Pro Hac Vice by Gilda Daniels.( Filing fee $ 201 receipt number AFLNDC-5121254.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS, SHEILA YOUNG, ZEBRA COALITION. (Attachments: # 1 Exhibit Certificate of Good Standing) (SCOTT, SHARION) (Entered: 04/23/2020)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 39 MOTION to Appear Pro Hac Vice by Gilda Daniels.( Filing fee $ 201 receipt number AFLNDC-5121254.). Referred to GARY R JONES. (bkp) (Entered: 04/24/2020)

ORDER DISMISSING THE WINTERS CLAIMS. Notice of

40

Voluntary Dismissal 38 filed by KATHLEEN WINTERS

and 37 Notice of Voluntary Dismissal filed by RAY WINTERS are

dismissed without prejudice. I do not direct the entry of judgment

under Federal Rule of Civil Procedure 54(b). Signed by JUDGE

ROBERT L HINKLE on 4/24/2020. (atm) (Entered: 04/24/2020)

41 ORDER granting 39 Motion to Appear Pro Hac Vice by Gilda Daniels for BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, TERRIAYNA

05/04/2020
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SPILLMAN, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION. Signed by MAGISTRATE JUDGE GARY R JONES on 4/24/2020. (atm) (Entered: 04/24/2020)
42 AMENDED NOTICE OF HEARING: Preliminary Injunction Hearing and Jury Trial set for 7/20/2020 08:15 AM in U.S. Courthouse Gainesville before JUDGE ROBERT L HINKLE.

NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Cindy Markley at 850-521-3518 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ Cindy Markley Courtroom Deputy Clerk (ckm) (Entered: 05/04/2020)

43 WAIVER OF SERVICE Returned Executed by CELCIO EDUARDO ROMERO, DREAM DEFENDERS, MURRAY HELLER, NEW FLORIDA MAJORITY EDUCATION FUND, SHEILA YOUNG, BIANCA MARIA BAEZ, ORGANIZE FLORIDA, PAULINA HERNANDEZ MORALES, ACACIA WILLIAMS, ZEBRA COALITION. (NAIFEH, STUART) (Entered: 05/08/2020)

44 MOTION for Leave to File second amended complaint by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION. (Attachments: # 1 Appendix Proposed Amended Complaint, # 2 Appendix Proposed Order) (NAIFEH, STUART) (Entered: 05/08/2020)

SECOND AMENDED COMPLAINT against All Defendants, filed

47

by DREAM DEFENDERS, SHEILA YOUNG, PAULINA

HERNANDEZ MORALES, ACACIA WILLIAMS, BIANCA

MARIA BAEZ, CELCIO EDUARDO ROMERO, MURRAY

HELLER, NEW FLORIDA MAJORITY EDUCATION FUND,

ORGANIZE FLORIDA, ZEBRA COALITION. (atm) (Entered:

05/12/2020)

45 Emergency MOTION to Extend TimeModify Pretrial Schedule by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA,

05/11/2020 05/12/2020 05/12/2020
05/12/2020 05/12/2020

CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION. (NAIFEH, STUART) (Entered: 05/11/2020)
46 ORDER GRANTING LEAVE TO FILE THE SECOND AMENDED COMPLAINT. The plaintiffs' consented motion, ECF No. 44 , for leave to file the second amended complaint is granted. The second amended complaint, ECF No. [44-1], is deemed filed as of May 8, 2020. (Internal deadline for referral to judge if response not filed earlier: 5/22/2020). Signed by JUDGE ROBERT L HINKLE on 5/11/2020. (atm) (Entered: 05/12/2020)
48 ORDER FOR PRELIMINARY PRETRIAL CONFERENCE. By a separate notice, the clerk must set a telephonic preliminary Federal Rule of Civil Procedure 16 pretrial conference simultaneously in these two cases (1:20cv67-RH-GRJ and 4:20cv236-RH-MJF) for May 22, 2020. Signed by JUDGE ROBERT L HINKLE on 5/12/2020. (atm) (Entered: 05/12/2020)
49 ORDER EXTENDING DEADLINES. Emergency MOTION to Extend Time Modify Pretrial Schedule 45 is granted in part. The deadline is extended to May 26 for the plaintiffs' supplement to their preliminary-injunction motion, for summary-judgment motions, and for the plaintiffs' Federal Rule of Civil Procedure 26(a)(2) disclosures. The plaintiffs must identify their experts and provide possible deposition dates by May 18. The other parts of the emergency motion will be addressed at the preliminary Federal Rule of Civil Procedure 16 pretrial conference that will be scheduled in this and a related case. Signed by JUDGE ROBERT L HINKLE on 5/12/2020. (atm) Modified on 5/18/2020 to complete text (atm). (Entered: 05/12/2020)
50 NOTICE OF TELEPHONIC HEARING: Telephonic Preliminary Pretrial Conference set for 5/22/2020 09:00 AM before JUDGE ROBERT L HINKLE.
Call in number: 888-684-8852 Access code: 3243416# Security code: 1234#
s/ Cindy Markley Courtroom Deputy Clerk (ckm) (Entered: 05/12/2020)
51 MOTION to Appear Pro Hac Vice by Sean Emerson GordonMarvin.( Filing fee $ 201 receipt number AFLNDC-5207590.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA,

05/13/2020 05/13/2020 05/14/2020

CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION. (Attachments: # 1 Appendix Certificate of Good Standing Sean Emerson Gordon-Marvin) (GORDON-MARVIN, SEAN) (Entered: 05/12/2020)
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 51 MOTION to Appear Pro Hac Vice by Sean Emerson Gordon-Marvin.( Filing fee $ 201 receipt number AFLNDC5207590.). Referred to GARY R JONES. (bkp) (Entered: 05/13/2020)
52 ORDER granting 51 Motion to Appear Pro Hac Vice (Appointed SEAN EMERSON GORDON-MARVIN for BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION). Signed by MAGISTRATE JUDGE GARY R JONES on 5/13/2020. (atm) (Entered: 05/14/2020)
53 NOTICE of Summonses to be Issued by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG,
ZEBRA COALITION re 47 Amended Complaint, (Attachments: # 1 Exhibit Summons to Alachua County SOE, # 2 Exhibit Summons to Baker County SOE, # 3 Exhibit Summons to Bay County SOE, # 4 Exhibit Summons to Bradford County SOE, # 5 Exhibit Summons to Brevard County SOE, # 6 Exhibit Summons to Broward County SOE, # 7 Exhibit Summons to Calhoun County SOE, # 8 Exhibit Summons to Charlotte County SOE, # 9 Exhibit Summons to Citrus County SOE, # 10 Exhibit Summons to Clay County SOE, # 11 Exhibit Summons to Collier County SOE, # 12 Exhibit Summons to Columbia County SOE, # 13 Exhibit Summons to DeSoto County SOE, # 14 Exhibit Summons to Dixie County SOE, # 15 Exhibit Summons to Duval County SOE, # 16 Exhibit Summons to Escambia County SOE, # 17 Exhibit Summons to Flager County SOE, # 18 Exhibit Summons to Franklin County SOE, # 19 Exhibit Summons to Gadsden County SOE, # 20 Exhibit Summons to Gilchrist County SOE, # 21 Exhibit Summons to Glades County SOE, # 22 Exhibit Summons to Gulf County SOE, # 23 Exhibit Summons to Hamilton County SOE, # 24 Exhibit Summons to Hardee County SOE, # 25 Exhibit Summons to Hendry County SOE, # 26 Exhibit

Summons to Hernando County SOE, # 27 Exhibit Summons to Highlands County SOE, # 28 Exhibit Summons to Hillsborough County SOE, # 29 Exhibit Summons to Holmes County SOE, # 30 Exhibit Summons to Indian River County SOE, # 31 Exhibit Summons to Jackson County SOE, # 32 Exhibit Summons to Jefferson County SOE, # 33 Exhibit Summons to Lafayette County SOE, # 34 Exhibit Summons to Lake County SOE, # 35 Exhibit Summons to Lee County SOE, # 36 Exhibit Summons to Leon County SOE, # 37 Exhibit Summons to Levy County SOE, # 38 Exhibit Summons to Liberty County SOE, # 39 Exhibit Summons to Madison County SOE, # 40 Exhibit Summons to Manatee County SOE, # 41 Exhibit Summons to Marion County SOE, # 42 Exhibit Summons to Martin County SOE, # 43 Exhibit Summons to Miami-Dade County SOE, # 44 Exhibit Summons to Monroe County SOE, # 45 Exhibit Summons to Nassau County SOE, # 46 Exhibit Summons to Okaloosa County SOE, # 47 Exhibit Summons to Okeechobee County SOE, # 48 Exhibit Summons to Orange County SOE, # 49 Exhibit Summons to Osceola County SOE, # 50 Exhibit Summons to Palm Beach County SOE, # 51 Exhibit Summons to Pascoe County SOE, # 52 Exhibit Summons to Pinellas County SOE, # 53 Exhibit Summons to Polk County SOE, # 54 Exhibit Summons to Putnam County SOE, # 55 Exhibit Summons to Santa Rosa County SOE, # 56 Exhibit Summons to Sarasota County SOE, # 57 Exhibit Summons to Seminole County SOE, # 58 Exhibit Summons to St. Johns County SOE, # 59 Exhibit Summons to St. Lucie County SOE, # 60 Exhibit Summons to Sumter County SOE, # 61 Exhibit Summons to Suwannee County SOE, # 62 Exhibit Summons to Taylor County SOE, # 63 Exhibit Summons to Union County SOE, # 64 Exhibit Summons to Volusia County SOE, # 65 Exhibit Summons to Wakulla County SOE, # 66 Exhibit Summons to Walton County SOE, # 67 Exhibit Summons to Washington County SOE, # 68 Exhibit Summons to Alachua County Canvassing Board, # 69 Exhibit Summons to Baker County Canvassing Board, # 70 Exhibit Summons to Bay County Canvassing Board, # 71 Exhibit Summons to Bradford County Canvassing Board, # 72 Exhibit Summons to Brevard County Canvassing Board, # 73 Exhibit Summons to Broward County Canvassing Board, # 74 Exhibit Summons to Calhoun County Canvassing Board, # 75 Exhibit Summons to Charlotte County Canvassing Board, # 76 Exhibit Summons to Citrus County Canvassing Board, # 77 Exhibit Summons to Clay County Canvassing Board, # 78 Exhibit Summons to Collier County Canvassing Board, # 79 Exhibit Summons to Columbia County Canvassing Board, # 80 Exhibit Summons to DeSoto County Canvassing Board, # 81 Exhibit Summons to Dixie County Canvassing Board,

# 82 Exhibit Summons to Duval County Canvassing Board, # 83 Exhibit Summons to Escambia County Canvassing Board, # 84 Exhibit Summons to Flager County Canvassing Board, # 85 Exhibit Summons to Franklin County Canvassing Board, # 86 Exhibit Summons to Gadsden County Canvassing Board, # 87 Exhibit Summons to Gilchrist County Canvassing Board, # 88 Exhibit Summons to Glades County Canvassing Board, # 89 Exhibit Summons to Gulf County Canvassing Board, # 90 Exhibit Summons to Hamilton County Canvassing Board, # 91 Exhibit Summons to Hardee County Canvassing Board, # 92 Exhibit Summons to Hendry County Canvassing Board, # 93 Exhibit Summons to Hernando County Canvassing Board, # 94 Exhibit Summons to Highlands County Canvassing Board, # 95 Exhibit Summons to Hillsborough County Canvassing Board, # 96 Exhibit Summons to Holmes County Canvassing Board, # 97 Exhibit Summons to Indian River County Canvassing Board, # 98 Exhibit Summons to Jackson County Canvassing Board, # 99 Exhibit Summons to Jefferson County Canvassing Board, # 100 Exhibit Summons to Lafayette County Canvassing Board, # 101 Exhibit Summons to Lake County Canvassing Board, # 102 Exhibit Summons to Lee County Canvassing Board, # 103 Exhibit Summons to Leon County Canvassing Board, # 104 Exhibit Summons to Liberty County Canvassing Board, # 105 Exhibit Summons to Madison County Canvassing Board, # 106 Exhibit Summons to Manatee County Canvassing Board, # 107 Exhibit Summons to Marion County Canvassing Board, # 108 Exhibit Summons to Martin County Canvassing Board, # 109 Exhibit Summons to Miami-Dade County Canvassing Board, # 110 Exhibit Summons to Monroe County Canvassing Board, # 111 Exhibit Summons to Nassau County Canvassing Board, # 112 Exhibit Summons to Okaloosa County Canvassing Board, # 113 Exhibit Summons to Okeechobee County Canvassing Board, # 114 Exhibit Summons to Orange County Canvassing Board, # 115 Exhibit Summons to Osceola County Canvassing Board, # 116 Exhibit Summons to Palm Beach County Canvassing Board, # 117 Exhibit Summons to Pascoe County Canvassing Board, # 118 Exhibit Summons to Pinellas County Canvassing Board, # 119 Exhibit Summons to Polk County Canvassing Board, # 120 Exhibit Summons to Putnam County Canvassing Board, # 121 Exhibit Summons to Santa Rosa County Canvassing Board, # 122 Exhibit Summons to Sarasota County Canvassing Board, # 123 Exhibit Summons to Seminole County Canvassing Board, # 124 Exhibit Summons to St. Johns County Canvassing Board, # 125 Exhibit Summons to St. Lucie County Canvassing Board, # 126 Exhibit Summons to Sumter County Canvassing Board, # 127 Exhibit Summons to Suwannee County Canvassing Board,

05/15/2020
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# 128 Exhibit Summons to Taylor County Canvassing Board, # 129 Exhibit Summons to Union County Canvassing Board, # 130 Exhibit Summons to Volusia County Canvassing Board, # 131 Exhibit Summons to Wakulla County Canvassing Board, # 132 Exhibit Summons to Walton County Canvassing Board, # 133 Exhibit Summons to Washington County Canvassing Board) (NAIFEH, STUART) (Entered: 05/14/2020)
54 NOTICE of Summons to be Issued by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG,
ZEBRA COALITION re 47 Amended Complaint, (Attachments: # 1 Exhibit Summons to Levy County Canvassing Board) (NAIFEH, STUART) (Entered: 05/15/2020)
55 NOTICE of Appearance by KIA M. JOHNSON on behalf of DAVID H STAFFORD (JOHNSON, KIA) (Entered: 05/15/2020)
56 NOTICE of Appearance by KIA M. JOHNSON on behalf of CANVASSING BOARD OF ESCAMBIA COUNTY (JOHNSON, KIA) (Entered: 05/15/2020)
57 Summons Issued as to CANVASSING BOARD of St Johns County and (# 1 Canvassing Board of St. Lucie County, # 2 Canvassing Board of Sumter County, # 3 Canvassing Board of Taylor County, # 4 Canvassing Board of Union County, # 5 Canvassing Board of Volusia County, # 6 Canvassing Board of Wakulla County, # 7 Canvassing Board of Walton County, # 8 Canvassing Board of Washington County, # 9 Canvassing Board of Suwannee County) (tss) (Entered: 05/15/2020)
58 Summons Issued as to the SUPERVISORS OF ELECTIONS for ALACHUA COUNTY, BAKER COUNTY, BAY COUNTY, BRADFORD COUNTY, BREVARD COUNTY, BROWARD COUNTY, CALHOUN COUNTY, CHARLOTTE COUNTY, and CITRUS COUNTY. (Attachments: # 1 Baker 2, # 2 Bay 3, # 3 bradford 4, # 4 brevard 5, # 5 broward 6, # 6 calhoun 7, # 7 charlotte 8, # 8 Citrus 9) (bkp) Modified on 5/15/2020 (tss). (Entered: 05/15/2020)
59 Summons Issued as to the SUPERVISORS OF ELECTIONS OF CLAY COUNTY, COLLIER COUNTY, COLUMBIA COUNTY, DESOTO COUNTY, DIXIE COUNTY, DUVAL COUNTY, ESCAMBIA COUNTY, FLAGLER COUNTY, FRANKLIN COUNTY, GADSDEN COUNTY, GILCHRIST COUNTY, GLADES COUNTY, GULF COUNTY. (Attachments: # 1 Collier,

05/15/2020 05/15/2020
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# 2 Columbia, # 3 Desoto, # 4 Dixie, # 5 Duval, # 6 Escambia, # 7 FLager, # 8 Franklin, # 9 Gadsden, # 10 Gilchrist, # 11 Glades, # 12 Gulf) (bkp) Modified on 5/18/2020 (bkp). (Entered: 05/15/2020)
60 Summons Issued as to the SUPERVISORS OF ELECTIONS OF HAMILTON COUNTY, HARDEE COUNTY, HENDRY COUNTY, HERNANDO COUNTY, HIGHLANDS COUNTY, HILLSBOROUGH COUNTY, HOLMES COUNTY, INDIAN RIVER COUNTY, JACKSON COUNTY, JEFFERSON COUNTY. (Attachments: # 1 Hardee, # 2 Hendry, # 3 Hernando, # 4 Highlands, # 5 Hillsbourgh, # 6 Holmes, # 7 Indian River, # 8 Jackson, # 9 Jefferson) (bkp) Modified on 5/18/2020 (bkp). (Entered: 05/15/2020)
61 Summons Issued as to the SUPERVISORS OF ELECTIONS for LAFAYETTE COUNTY, LAKE COUNTY, LEE COUNTY, LEON COUNTY, LEVY COUNTY, LIBERTY COUNTY, MADISON COUNTY, MANATEE COUNTY, MARION COUNTY, MARTIN COUNTY, MIAMI-DADE COUNTY, MONROE COUNTY, and NASSAU COUNTY. (Attachments: # 1 Lake, # 2 Lee, # 3 Leon, # 4 Levy, # 5 Liberty, # 6 Madison, # 7 Manatee, # 8 Marion, # 9 Martin, # 10 Miami-Dade, # 11 Monroe, # 12 Nassau) (bkp) Modified on 5/15/2020 (tss). (Entered: 05/15/2020)
62 Summons Issued as to SUPERVISORS OF ELECTIONS for OKEECHOBEE COUNTY, ORANGE COUNTY, OSCEOLA COUNTY, PALM BEACH COUNTY, WALTON COUNTY (Attachments: # 1 Osceola, # 2 Okeechobee, # 3 Orange, # 4 Palm Beach) (bkp) Modified on 5/15/2020 (tss). (Entered: 05/15/2020)
63 Summons Issued as to CANVASSING BOARD of Orange County and ( (1) Canvassing Board of Osceola County, # 2 Canvassing Board of Palm Beach County, # 3 Canvassing Board of Pasco County, # 4 Canvassing Board of Pinellas County, # 5 Canvassing Board of Polk County, # 6 Canvassing Board of Putnam County, # 7 Canvassing Board of Santa Rosa County, # 8 Canvassing Board of Sarasota County, # 9 Canvassing Board of Seminole County) (tss) (Entered: 05/15/2020)
64 Summons Issued as to CHRIS ANDERSON, DEBORAH CLARK, BRIAN E CORLEY, LORI EDWARDS, WILLIAM KEEN, VICKY OAKES, CHARLES OVERTURF, RON TURNER, TAPPIE A VILLANE, GERTRUDE WALKER, GLENDA B WILLIAMS. (Attachments: # 1 sm pinellas soe, # 2 sm polk soe, # 3 sm putnam soe, # 4 sm santa rosa soe, # 5 sm sarasota soe,

05/15/2020 05/15/2020 05/15/2020
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# 6 sm seminole soe, # 7 sm st johns soe, # 8 sm st lucie soe, # 9 sm sumter soe, # 10 sm suwannee soe) (atm) (Entered: 05/15/2020)
65 Summons Issued as to BOBBY BEASLEY, LISA LEWIS, DEBORAH K OSBORNE, CAROL F RUDD, DANA SOUTHERLAND, HENRY WELLS. (Attachments: # 1 Union soe/Osborne, # 2 Volusia soe/Lewis, # 3 Wakulla soe/Wells, # 4 Walton soe/Beasley, # 5 Washington soe/Rudd) (atm) (Entered: 05/15/2020)
66 Summons Issued as to CANVASSING BOARD OF ALACHUA COUNTY, CANVASSING BOARD OF BAKER COUNTY, CANVASSING BOARD OF BAY COUNTY, CANVASSING BOARD OF BRADFORD COUNTY, CANVASSING BOARD OF BREVARD COUNTY, CANVASSING BOARD OF BROWARD COUNTY, CANVASSING BOARD OF CALHOUN COUNTY, CANVASSING BOARD OF CHARLOTTE COUNTY, CANVASSING BOARD OF CITRUS COUNTY, CANVASSING BOARD OF CLAY COUNTY. (Attachments: # 1 baker cb, # 2 bay cb, # 3 bradford cb, # 4 brevard cb, # 5 broward cb, # 6 calhoun cb, # 7 charlotte cb, # 8 citrus cb, # 9 clay cb) (atm) (Entered: 05/15/2020)
67 Summons Issued as to CANVASSING BOARD OF COLLIER COUNTY, CANVASSING BOARD OF COLUMBIA COUNTY, CANVASSING BOARD OF DESOTO COUNTY, CANVASSING BOARD OF DIXIE COUNTY, CANVASSING BOARD OF DUVAL COUNTY, CANVASSING BOARD OF ESCAMBIA COUNTY, CANVASSING BOARD OF FLAGLER COUNTY, CANVASSING BOARD OF FRANKLIN COUNTY, CANVASSING BOARD OF GADSDEN COUNTY, CANVASSING BOARD OF GILCHRIST COUNTY, CANVASSING BOARD OF GLADES COUNTY, CANVASSING BOARD OF GULF COUNTY. (Attachments: # 1 columbia cb, # 2 desoto cb, # 3 dixie cb, # 4 duval cb, # 5 escambia cb, # 6 flagler cb, # 7 franklin cb, # 8 gadsden cb, # 9 glades cb, # 10 gulf cb) (atm) (Entered: 05/15/2020)
68 Summons Issued as to CANVASSING BOARD OF HAMILTON COUNTY, CANVASSING BOARD OF HARDEE COUNTY, CANVASSING BOARD OF HENDRY COUNTY, CANVASSING BOARD OF HERNANDO COUNTY, CANVASSING BOARD OF HIGHLANDS COUNTY, CANVASSING BOARD OF HILLSBOROUGH COUNTY, CANVASSING BOARD OF HOLMES COUNTY, CANVASSING BOARD OF INDIAN RIVER COUNTY, CANVASSING BOARD OF JACKSON COUNTY, CANVASSING BOARD OF JEFFERSON COUNTY. (Attachments: # 1 hardee cb, # 2 hendry cb, # 3 hernando cb,

05/18/2020
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# 4 highlands cb, # 5 hillsborough cb, # 6 holmes cb, # 7 indian river cb, # 8 jackson cb, # 9 jefferson cb) (atm) (Entered: 05/15/2020)
69 Summons Issued as to the CANVASSING BOARDS OF LEE COUNTY, LEON COUNTY, LEVY COUNTY, LIBERTY COUNTY, MADISON COUNTY, MANATEE COUNTY, MARION COUNTY, MARTIN COUNTY, MIAMI-DADE COUNTY, MONROE COUNTY, NASSAU COUNTY, OKALOOSA COUNTY, and OKEECHOBEE COUNTY. (Attachments: # 1 Canvassing Board of Lee County, # 2 Canvassing Board of Leon County, # 3 Canvassing Board of Levy County, # 4 Canvassing Board of Liberty County, # 5 Canvassing Board of Madison County, # 6 Canvassing Board of Manatee County, # 7 Canvassing Board of Marion County, # 8 Canvassing Board of Martin County, # 9 Canvassing Board of Miami-Dade County, # 10 Canvassing Board of Monroe County, # 11 Canvassing Board of Nassau County, # 12 Canvassing Board of Okaloosa, # 13 Canvassing Board of Okeechobee County) (tss) (Entered: 05/18/2020)
70 NOTICE of Appearance by FRANK MICHAEL MARI on behalf of LORI SCOTT (MARI, FRANK) (Entered: 05/18/2020)
71 NOTICE of Corrected Summons to be Issued to Okaloosa County SOE by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG, ZEBRA COALITION re 47
Amended Complaint, (Attachments: # 1 Exhibit Corrected Summons To Okaloosa County SOE) (NAIFEH, STUART) (Entered: 05/18/2020)
72 Amended Summons Issued as to PAUL A LUX. (atm) (Entered: 05/19/2020)
73 Summons Issued as to CANVASSING BOARD OF ALACHUA COUNTY, CANVASSING BOARD OF GILCHRIST COUNTY, TRAVIS HART. (kdm) (Entered: 05/19/2020)
74 MOTION to Consolidate Cases by LAUREL M LEE. (PRICE, TARA) (Entered: 05/19/2020)
75 NOTICE of Appearance by FRANK MICHAEL MARI on behalf of PENNY OGG (MARI, FRANK) (Entered: 05/20/2020)

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76 WAIVER OF SERVICE Returned Executed by LORI SCOTT. LORI SCOTT waiver sent on 5/19/2020, answer due 7/20/2020. (MARI, FRANK) (Entered: 05/20/2020)
77 WAIVER OF SERVICE Returned Executed by PENNY OGG. PENNY OGG waiver sent on 5/19/2020, answer due 7/20/2020. (MARI, FRANK) (Entered: 05/20/2020)
78 MOTION for Protective Order and Objection by TAMMY JONES. (OLIVO, GERALDO) Modified on 7/8/2020 to terminate motion pursuant to #67 Order in lead case (ckm). (Entered: 05/20/2020)
79 MOTION for Protective Order and Objection by BRENDA HOOTS. (OLIVO, GERALDO) Modified on 7/8/2020 to terminate motion pursuant to #67 Order in lead case (ckm). (Entered: 05/20/2020)
80 MOTION for Protective Order and Objection by ALETRIS FARNAM. (OLIVO, GERALDO) Modified on 7/8/2020 to terminate motion pursuant to #67 Order in lead case (ckm). (Entered: 05/20/2020)
81 MOTION for Protective Order and Objection by DIANE HAGAN. (OLIVO, GERALDO) Modified on 7/8/2020 to terminate motion pursuant to #67 Order in lead case (ckm). (Entered: 05/20/2020)
82 MOTION for Protective Order and Objection by DIANE SMITH. (OLIVO, GERALDO) Modified on 7/8/2020 to terminate motion pursuant to #67 Order in lead case (ckm). (Entered: 05/20/2020)
83 WAIVER OF SERVICE Returned Executed by KIM A BARTON. KIM A BARTON waiver sent on 5/15/2020, answer due 7/14/2020. (SWAIN, ROBERT) (Entered: 05/20/2020)
84 NOTICE of Appearance by ANDY V BARDOS on behalf of PETER ANTONACCI, MICHAEL BENNETT, BRIAN E CORLEY, TOMMY DOYLE, JENNIFER J EDWARDS, JOYCE GRIFFIN, ALAN HAYS, LESLIE ROSSWAY SWAN, WESLEY WILCOX (BARDOS, ANDY) (Entered: 05/20/2020)
85 WAIVER OF SERVICE Returned Executed by CRAIG LATIMER. CRAIG LATIMER waiver sent on 5/21/2020, answer due 7/20/2020. (TODD, STEPHEN) (Entered: 05/21/2020)
86 WAIVER OF SERVICE Returned Executed by CANVASSING BOARD OF HILLSBOROUGH COUNTY. CANVASSING BOARD OF HILLSBOROUGH COUNTY waiver sent on 5/21/2020, answer due 7/20/2020. (TODD, STEPHEN) (Entered: 05/21/2020)

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87 WAIVER OF SERVICE Returned Executed by KAITI LENHART. KAITI LENHART waiver sent on 5/19/2020, answer due 7/20/2020. (MARI, FRANK) (Entered: 05/21/2020)
88 WAIVER OF SERVICE Returned Executed by SUSAN A GILL. SUSAN A GILL waiver sent on 5/19/2020, answer due 7/20/2020. (SCOTT, DALE) (Entered: 05/21/2020)
89 NOTICE of Appearance by DALE A SCOTT on behalf of SUSAN A GILL (SCOTT, DALE) (Entered: 05/21/2020)
90 NOTICE of Appearance by ROBERT CHARLES SWAIN on behalf of KIM A BARTON (SWAIN, ROBERT) (Entered: 05/21/2020)
91 NOTICE of Appearance by CORBIN FREDERICK HANSON on behalf of KIM A BARTON (HANSON, CORBIN) (Entered: 05/21/2020)
92 WAIVER OF SERVICE Returned Executed by MARTY BISHOP. MARTY BISHOP waiver sent on 5/19/2020, answer due 7/20/2020. (MARI, FRANK) (Entered: 05/21/2020)
93 NOTICE of Appearance by STEPHEN MARK TODD on behalf of CRAIG LATIMER (TODD, STEPHEN) (Entered: 05/21/2020)
94 NOTICE of Appearance by GREGORY THOMAS STEWART on behalf of PAUL A LUX (STEWART, GREGORY) (Entered: 05/21/2020)
95 NOTICE of Appearance by ELIZABETH DESLOGE ELLIS on behalf of PAUL A LUX (ELLIS, ELIZABETH) (Entered: 05/21/2020)
96 NOTICE of Appearance by NICHOLAS ARI SHANNIN on behalf of BILL COWLES (SHANNIN, NICHOLAS) (Entered: 05/21/2020)
97 NOTICE of Appearance by FRANCIS JOSEPH CARROLL, Jr on behalf of LISA LEWIS (CARROLL, FRANCIS) (Entered: 05/21/2020)
98 NOTICE of Appearance by FRANCIS JOSEPH CARROLL, Jr on behalf of CANVASSING BOARD OF VOLUSIA COUNTY (CARROLL, FRANCIS) (Entered: 05/21/2020)
99 NOTICE of Appearance by FRANK MICHAEL MARI on behalf of MARTY BISHOP, THOMAS R HARDEE, KAITI LENHART, CONNIE SANCHEZ (MARI, FRANK) (Entered: 05/21/2020)
100 NOTICE of Appearance by FRANK MICHAEL MARI on behalf of JOHN HANLON (MARI, FRANK) (Entered: 05/22/2020)

05/22/2020 05/22/2020 05/22/2020
05/22/2020
05/22/2020 05/22/2020 05/24/2020 05/26/2020

101 NOTICE of Appearance by ASHLEY N DONNELL on behalf of DEBORAH CLARK (DONNELL, ASHLEY) (Entered: 05/22/2020)

102 NOTICE of Appearance by SCOTT ROBERT MCHENRY on behalf of CANVASSING BOARD OF ORANGE COUNTY (MCHENRY, SCOTT) (Entered: 05/22/2020)

103 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Preliminary Pretrial Conference held on 5/22/2020. Courts hears argument of counsel on pending motions. Court conducts pretrial conference and addresses deadlines. Ruling by Court: Motions to Consolidate Cases are granted. The primary case will be 4:20cv236. Briefs on the Motion to Intervene are due by May 27. Plaintiffs are to file a short and succinct position of their claims against the Defendants. The Motions for Protective Order are denied as moot. Bench trial remains set for July 20. All deadlines and detailed rulings will be set out in an order to follow. (Court Reporter Megan Hague) (ckm) (Entered: 05/22/2020)

104 MOTION to Appear Pro Hac Vice by Javier Ortega.( Filing fee $ 201 receipt number AFLNDC-5252827.) by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, KATHLEEN WINTERS, RAY WINTERS, SHEILA YOUNG, ZEBRA COALITION. (Attachments: # 1 Exhibit Certificate of Good Standing) (ORTEGA, JAVIER) (Entered: 05/22/2020)

105 WAIVER OF SERVICE Returned Executed by JOHN HANLON. JOHN HANLON waiver sent on 5/19/2020, answer due 7/20/2020. (MARI, FRANK) (Entered: 05/22/2020)

106 NOTICE of Appearance by STEPHEN MARK TODD on behalf of CANVASSING BOARD OF HILLSBOROUGH COUNTY (TODD, STEPHEN) (Entered: 05/22/2020)

ORDER REQUIRING A MORE DEFINITE STATEMENT. Signed

107

by JUDGE ROBERT L HINKLE on 05/24/2020.(MKB) (Entered:

05/24/2020)

108 NOTICE More Definite Statement by BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, ACACIA WILLIAMS, SHEILA YOUNG,

05/26/2020
05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/27/2020 05/27/2020 05/27/2020
05/28/2020 05/29/2020

ZEBRA COALITION re 107 (Entered: 05/26/2020)

Order (NAIFEH, STUART)

109 ORDER CONSOLIDATING CASES AND SETTING THE SCHEDULE. The motions to consolidate, ECF No. 74 in Case No. 1:20cv67 and ECF No. 32 in Case No. 4:20cv236, are granted in part. These cases are consolidated for case- management purposes only and will be maintained on a common docket under Consolidated Case No. 4:20cv236. Signed by JUDGE ROBERT L HINKLE on 5/26/2020. (atm) (Entered: 05/26/2020)

110 WAIVER OF SERVICE Returned Executed by CANVASSING BOARD OF HILLSBOROUGH COUNTY. (TODD, STEPHEN) (Entered: 05/26/2020)

111 WAIVER OF SERVICE Returned Executed by CRAIG LATIMER. (TODD, STEPHEN) (Entered: 05/26/2020)

112 ORDER granting 104 Motion to Appear Pro Hac Vice Javier Ortega signed by MAGISTRATE JUDGE GARY R JONES on 5/26/20. (bkp) (Entered: 05/26/2020)

Cases associated: 1:20CV67 and 4:20CV236, Set CONSOLIDATED Flag per ORDER CONSOLIDATING CASES AND SETTING THE SCHEDULE 109 . Signed by JUDGE ROBERT L HINKLE on 5/26/20. (blb) (Entered: 05/26/2020)

113 WAIVER OF SERVICE Returned Executed by MIKE HOGAN. MIKE HOGAN waiver sent on 5/19/2020, answer due 7/20/2020. (FEISER, CRAIG) (Entered: 05/27/2020)

114 WAIVER OF SERVICE Returned Executed by CANVASSING BOARD OF DUVAL COUNTY. CANVASSING BOARD OF DUVAL COUNTY waiver sent on 5/19/2020, answer due 7/20/2020. (FEISER, CRAIG) (Entered: 05/27/2020)

115 MOTION to Dismiss by FLORIDA ELECTIONS CANVASSING COMMISSION. (Internal deadline for referral to judge if response not filed earlier: 6/10/2020). (TEEGEN, ELIZABETH) Modified on 7/8/2020 to terminate motion pursuant to #366 Order in lead case as instructed by chambers (ckm). (Entered: 05/27/2020)

116 NOTICE of Appearance by JARED DOUGLAS KAHN on behalf of CANVASSING BOARD OF PINELLAS COUNTY (KAHN, JARED) (Entered: 05/28/2020)

117 NOTICE of Appearance by DYLAN T REINGOLD on behalf of CANVASSING BOARD OF INDIAN RIVER COUNTY (REINGOLD, DYLAN) (Entered: 05/29/2020)

05/29/2020 06/01/2020 06/01/2020 06/02/2020 06/02/2020
06/03/2020 07/06/2020 07/07/2020 07/07/2020

118 First MOTION to Appear Pro Hac Vice by William Omorogieva.( Filing fee $ 201 receipt number AFLNDC-5280912.) by DREAM DEFENDERS. (Attachments: # 1 Supplement Certificate of Good Standing) (OMOROGIEVA, WILLIAM) (Entered: 05/29/2020)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 118 First MOTION to Appear Pro Hac Vice by William Omorogieva.( Filing fee $ 201 receipt number AFLNDC-5280912.). Referred to GARY R JONES. (bkp) (Entered: 06/01/2020)

119 NOTICE by CANVASSING BOARD OF VOLUSIA COUNTY, LISA LEWIS (CARROLL, FRANCIS) (Entered: 06/01/2020)

120 ORDER granting 118 Motion to Appear Pro Hac Vice. William Omovogieva is permitted to appear in this action as co-counsel for Plaintiffs and receive electronic filings in this case. Signed by MAGISTRATE JUDGE GARY R JONES on 6/2/2020. (atm) (Entered: 06/02/2020)

121 First MOTION to Intervene by JAMES K KRACHT, DEBORAH C GRUBB, DOUGLAS E HALL, CARL F MCCOY, DOLOR GINCHEREAU, FLORIDA COUNCIL OF THE BLIND. (Attachments: # 1 Exhibit A-Intervenors' Complaint, # 2 Exhibit BMotion for Preliminary Injunction) (DIETZ, MATTHEW) Modified on 7/8/2020 to terminate motion pursuant to #216 Order in lead case (ckm). (Entered: 06/02/2020)

122 NOTICE of Appearance by JEREMY KARPATKIN on behalf of BIANCA MARIA BAEZ, DREAM DEFENDERS, MURRAY HELLER, PAULINA HERNANDEZ MORALES, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA, CELCIO EDUARDO ROMERO, SHEILA YOUNG, ZEBRA COALITION (KARPATKIN, JEREMY) (Entered: 06/03/2020)

123 MOTION to Appear Pro Hac Vice by Jennifer Y. Lai-Peterson.( Filing fee $ 201 receipt number AFLNDC-5442392.) by all Plaintiffs. (Attachments: # 1 Certificate of Good Standing) (LAIPETERSON, JENNIFER) Modified on 7/7/2020 (bkp). (Entered: 07/06/2020)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 123 MOTION to Appear Pro Hac Vice by Jennifer Y. Lai-Peterson.( Filing fee $ 201 receipt number AFLNDC-5442392.). Referred to GARY R JONES. (bkp) (Entered: 07/07/2020)

ORDER granting 123 Motion to Appear Pro Hac Vice. (Appointed

124

JENNIFER Y LAI-PETERSON for DREAM DEFENDERS).

07/20/2020 125
07/24/2020 126
08/05/2020 127

Signed by MAGISTRATE JUDGE GARY R JONES on 7/7/2020. (kdm) (Entered: 07/07/2020)
ORDER DISMISSING THE NIELSEN AND WILLIAMS CLAIMS AND REFERRING THE GRUBB CLAIM FOR A SETTLEMENT CONFERENCE. (see ECF No. 609 in 4:20cv236RH-MJF) The Nielsen plaintiffs' motion to voluntarily dismiss, ECF No. 603 , is granted. The clerk must enter judgments in each of the consolidated actions that, as appropriate in the specific action, (a) dismiss all claims of the plaintiffs Acacia Williams and Bianca Maria Baez without prejudice, (b) dismiss all claims of the plaintiff Zebra Coalition for lack of jurisdiction, (c) dismiss all claims against the Florida Elections Canvassing Commission in its name for lack of jurisdiction, (d) dismiss, with prejudice as to the statelevel defendants and without prejudice as to the county-level defendants, the Williams plaintiffs' claim challenging the failure to provide an accessible method for virtually or manually impaired voters to cast a private and independent mail ballot, and (e) dismiss all other claims of the Nielsen and Williams plaintiffs with prejudice. The trial of the Grubb plaintiffs' claim is continued to 7/27/2020 10:00 AM, at 10:00 a.m. The motion for a settlement conference before a magistrate judge, ECF Nos. 597 and 598 , is granted. The Grubb plaintiffs' claim is referred to Magistrate Judge Martin A. Fitzpatrick for a settlement conference. The Grubb plaintiffs' motion, ECF No. 586 , for leave to file a supplemental trial brief is granted. The state defendants motion, ECF No. 587 , to supplement their exhibit list is granted. The Grubb plaintiffs' motion, ECF No. 594 , to amend their exhibit list, witness list, and deposition designations is granted. All other pending motions are denied as moot. Signed by JUDGE ROBERT L HINKLE on 7/20/2020. (atm) (Entered: 07/24/2020)
CLERK'S JUDGMENT re 125 Order. 90 Day Exhibit Return Deadline set for 10/22/2020 (atm) (Entered: 07/24/2020)
ORDER FOR DISMISSAL. The motion for voluntary dismissal, ECF No. 619 in 4:20cv236-RH-MJF, is granted. The clerk must enter judgment in Case No. 1:20cv67 stating, "This judgment is entered under Federal Rule of Civil Procedure 58 and resolves all remaining claims among all parties. It is adjudged that the claims of the intervening plaintiffs Deborah C. Grubb, Douglas E. Hall, Carl F. McCoy, James K. Kracht, Dolor Ginchereau, and the Florida Council of the Blind are dismissed with prejudice." The clerk must close both of the consolidated cases Cases No. 4:20cv236 and 1:20cv67. Signed by JUDGE ROBERT L HINKLE on 8/5/2020. (atm) (Entered: 08/06/2020)

08/06/2020

128 CLERK'S JUDGMENT re 127 (atm) (Entered: 08/06/2020)

ORDER FOR DISMISSAL

 
 Case 1:20-cv-00067-RH-GRJ Document 4 Filed 03/16/20 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

ACACIA WILLIAMS, DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ
Plaintiffs,
v.
RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,
Defendants.

Case No. 1:20-cv-67-RH- GRJ

PLAINTIFFS’ EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Pursuant to Federal Rule of Civil Procedure 65(a) and (b), and for the reasons set forth in the complaint and memorandum submitted herewith, Plaintiffs respectfully move the Court for a temporary restraining order and a preliminary injunction enjoining Defendants DeSantis, Lee, and the Florida Elections Canvassing Commission, to take whatever steps are necessary to implement the
1

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following measures on a statewide basis and to direct all County Supervisors of Elections (SOEs) to undertake the following emergency measures to ensure free, fair, and accessible voting for all Floridians impacted by the coronavirus pandemic:
(1) Extend deadlines for requesting and returning vote-by-mail ballots. a. Extend the deadline to request a vote-by-mail ballot from 10 days before the election to March 24, 2020. Although this deadline is after Election Day, it is before the date through which counties will be counting military and overseas voters’ ballots (March 27), and such an extension is necessary to make access to vote-by-mail under these emergency circumstances meaningful. b. Accept returned vote-by-mail ballots and count them as long as they are postmarked by March 24, 2020, or later and are received by March 27, 2020, the existing deadline for receipt of ballots cast by military and overseas voters.
(2) Expand vote-by-mail options. a. Waive the requirement that any individual complete an Election Day Vote-by-Mail Ballot Delivery Affidavit as a condition of obtaining a vote-by-mail ballot. The present state of emergency establishes every voter’s eligibility to obtain their vote-by-mail ballot on or after Election Day.
2

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b. Allow all voters to request that their ballot be sent to them via e-mail or fax, an option currently available only to military and overseas voters.
c. Provide drop-boxes for the return of vote-by-mail ballots at polling sites, and accept ballots returned via drop-boxes regardless of which precinct they are returned to.
d. Allow voters to designate other individuals to return their ballots in person, by mail, or via drop-boxes, and waive the current limit of two ballots per designee. Currently, designees may collect and return ballots only for two voters other than themselves and may only return them in person or by mail.
(3) Make polling locations healthy, safe, and accessible for all voters. a. Permit voters to vote curbside with a paper ballot.
(4) Communicate critical information to Florida voters. a. Require County Supervisors of Elections to contact all voters whose polling places have changed as a result of site relocations, to post such notices in prominent public areas, such as entrances and exits of the closed voting sites, and to station a poll worker at each of these sites to alert voters that the polling place has changed.
3

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b. Require County Supervisors of Elections update their county websites to specifically flag polling places that have changed as a result of site relocations.
c. Develop state-wide public service announcements to be transmitted via print, radio, and social media to alert Floridians to the expanded opportunities to vote.
As set forth in detail in the Plaintiffs’ Memorandum of Law in Support of this Motion for a Temporary Restraining Order and Preliminary Injunction and the accompanying Declarations of Acacia Williams, Terriayna Spillman, Eva Robinson, Ray Winters, Kathleen Winters, Bianca Maria Baez, and Rachel Gilmore on behalf of Dream Defenders, filed herewith, Plaintiffs have established that they are likely to succeed on the merits of their claims; that they will and other Florida voters will suffer irreparable harm if the Court does not issue the requested injunction; that the harm to Plaintiffs and voters outweighs any harm Defendants would suffer if the Court were to order the emergency preliminary relief sought by Plaintiffs; that the balance of hardships tips strongly in Plaintiffs’ favor; and that a temporary restraining order and preliminary injunction in this case advances the clear public interest. Accordingly, a Temporary Restraining Order should issue forthwith.
Plaintiffs respectfully request that this matter be set for telephonic oral argument on an expedited basis.
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Dated: March 16, 2020

Respectfully submitted, By: /s/ Kira Romero-Craft
Kira Romero-Craft

CHIRAAG BAINS* Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 (202) 864-2746 cbains@demos.org
STUART NAIFEH* KATHRYN C. SADASIVAN* MIRANDO GALINDO* EMERSON GORDON-MARVIN* Dēmos 80 Broad St, 4th Floor New York, NY 10004 (212) 485-6055 snaifeh@demos.org ksadasivan@demos.org mgalindo@demos.org egordonmarvin@demos.org

JUDITH A. BROWNE DIANIS* GILDA DANIELS* JESS UNGER* SHARION SCOTT* Advancement Project National Office 1220 L Street N.W., Suite 850 Washington, D.C. 20005 (202) 728-9557 jbrowne@advancementproject.org gdaniels@advancementproject.org junger@advancementproject.org sscott@advancementproject.org
KIRA ROMERO-CRAFT (FL SBN 49927) LatinoJustice PRLDEF 523 West Colonial Drive Orlando, Florida 32804 (321) 418-6354 kromero@latinojustice.org
FRANCISCA FAJANA* JACKSON CHIN* LatinoJustice PRLDEF 475 Riverside Drive, Suite 1901 New York, NY 10115 (212) 739-7572 ffajana@latinojustice.org jchin@latinojustice.org
Attorneys for Plaintiffs
*Application for admission pro hac vice forthcoming
5

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, ACACIA WILLIAMS, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ
Plaintiffs,
v.
RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,
Defendants.

Case No. 1:20-cv-67-RH- GRJ

PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
The United States is in the midst of an emergency that threatens not just our
individual health and well-being, but also the health of the most vulnerable members
of our families and communities. No American should be faced with the impossible
choice of having a voice at this critical moment in our democracy and putting 1

Case 1:20-cv-00067-RH-GRJ Document 4 Filed 03/16/20 Page 7 of 28

themself, their family, or their community at grave risk. No American should be

denied the ability to cast a ballot because polling places cannot cope with long lines

and confusion occasioned by the closure of polling sites and the failure to extend

vote-by-mail options. It is crucial that every eligible voter be able to access the ballot

in Florida’s presidential preference primary.

The State of Florida, in this time of emergency, has failed and refused to

extend the vote-by-mail request and return deadlines or to expand the means by

which individuals may receive and return vote-by-mail ballots. As a result, without

emergency relief ordered by this Court, Plaintiffs will be entirely deprived of the

opportunity to vote in the Presidential Preference Primary, in violation of their rights

under the First and Fourteenth Amendments to the United States Constitution.

I. The Parties

FACTUAL BACKGROUND

A. Plaintiffs

Individual Plaintiffs are Florida voters whose voting plans have been

disrupted by the COVID-19 outbreak and organizations whose members include

such individuals. These voters will therefore be unable to vote in the Presidential

Preference Primary (“PPP”) on Tuesday, March 17, 2020, if the relief sought in this

motion is not granted.

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Plaintiff Acacia Williams is a student at the University of Florida in Gainesville, Alachua County, Florida. Her family resides in Sullivan County, New York. Ms. Williams complied with a directive from the University of Florida to leave her dorm and not to return to campus until March 30, 2020, due to the coronavirus outbreak. Ms. Williams is currently at her parents’ home in Sullivan County, New York, and is unable to travel back to Florida. The coronavirus and its displacement of students has disrupted Ms. Williams’ plan to vote in person and she is presently unable to request a vote by mail ballot due to the expired deadline. She would vote if she could request a vote-by-mail ballot.
Plaintiff Terriayna Spillman is a student at Bethune-Cookman University in Daytona Beach, Volusia County. She complied with a directive from the university not to return to campus until March 30, 2020 due to the coronavirus outbreak. Ms. Spillman is currently at her parents’ home in Lake County and does not have reliable transportation back to Daytona Beach. The coronavirus has disrupted Ms. Spillman’s plan to vote in person and she is presently unable to request a vote by mail ballot due to the expired deadline. She would vote if she could request a vote-by-mail ballot.
Plaintiff Ray Winters is an elderly voter in Miami Dade County who is unable to vote in Florida’s PPP on March 17, 2020, without severe risks to his health. Mr. Winters is seventy-eight years old and has heart problems and experiences seizures.
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Mr. Winters had planned to vote in person at his regular polling place, but now, the risk to his health of potentially being exposed to the virus is too great. He would vote if he could request a vote-by-mail ballot.
Plaintiff Kathleen Winters is an elderly voter in Miami Dade County who is unable to vote in Florida’s PPP on March 17, 2020, without risking her own health and the health of her husband, Plaintiff Ray Winters. Ms. Winters is sixty-seven years old, and she and her husband are at a higher risk of severe or fatal outcomes from COVID-19. Before the emergency created by COVID-19, Ms. Winters had planned to vote in person at her regular polling place, but now, the risk to her health and that of her husband is too great to go to the ballot box. She would vote if she could request a vote-by-mail ballot.
Plaintiff Bianca Maria Baez is a voter who just returned to the U.S. from an international trip and, in accordance with public health recommendations, is practicing social distancing. She is unable to vote in Florida’s PPP on March 17, 2020, without risking her health and that of others in her community. Ms. Baez was planning to vote in-person however due to her recent travel and the risk of being asymptomatic while still having the virus presents an undue risk to herself and members of her community. Ms. Baez would vote-by-mail if she had the opportunity to do so.
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Organizational plaintiffs are non-profit organizations whose missions and or members interfered with or affected by Defendants’ refusal to extend the voter registration deadline.
Plaintiff New Florida Majority, Inc. (“NewFM”) is a Florida non-profit corporation and membership organization that works with individual members and organizations across the State of Florida engaged in civic and democratic endeavors to assist underserved communities in voter registration, voter education and get out the vote efforts. Defendants’ failure to extend vote-by-mail and other accommodations during the state of emergency caused by COVID-19 thwarts the organization’s efforts to increase voter participation and will prevent many of its members who are registered voters in the State of Florida from voting.
Plaintiff Dream Defenders is a Florida nonprofit corporation. Dream Defenders trains and organizes youth and students to confront structural inequality specifically through civic engagement activities across the State of Florida and get out the vote efforts. The membership of Dream Defenders includes college students who have been displaced from their schools due to the coronavirus pandemic. The State’s failure to offer appropriate accommodations in the PPP in response to the pandemic continues to thwart the organization’s efforts to secure the participation of registered Floridians in the election and will prevent many of its members who are registered voters in the State of Florida from voting.
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Plaintiff Organize Florida is a community-based, nonprofit member organization whose membership consists of low- and moderate-income people dedicated to the principles of social, racial, and economic justice and the promotion of an equal and fair Florida for all. Organize Florida’s major campaigns have included supporting children and families and increasing Latinx voter turnout. Defendants’ failure to extend vote-by-mail and other accommodations during the emergency caused by the coronavirus outbreak and the State’s failure to take appropriate steps to accommodate impacted voters hinders the organization’s efforts to secure voter participation and will prevent many of its members who are registered voters in the State of Florida from voting.
B. Defendants Defendants are Florida election officials, sued in their official capacity for their failure to take action necessary to prevent the unconstitutional deprivation of Plaintiffs right to vote. Defendant Ron DeSantis is sued in his official capacity as Governor of the State of Florida. As Governor of Florida, Defendant DeSantis is the State’s chief executive officer and is responsible for the administration of all state laws, including those pertaining to elections. Defendant DeSantis is also a member of the Elections Canvassing Commission as established in Florida Statute § 102.111.
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Defendant Laurel M. Lee is sued in her official capacity as Florida Secretary of State. Pursuant to Florida Statute § 97.012, the Secretary of State is the chief elections officer of the State and is responsible for the administration of state laws affecting voting.
Defendant Elections Canvassing Commission is sued as a state-created entity. Its membership consists of the Governor and two members of the Cabinet selected by the Governor, as set forth in Florida Statute § 102.111. Pursuant to Florida Statute § 101.698, the Elections Canvassing Commission is tasked with adopting emergency rules to facilitate absentee voting during emergency situations. II. The Coronavirus (COVID-19) Pandemic
On December 1, 2019, the first confirmed COVID-19 patient began experiencing symptoms in China’s Hubei province. Fernando Duarte, Who Is ‘Patient Zero’ in the Coronavirus Outbreak, BBC, Feb. 23, 2020, www.bbc.com/future/article/20200221-coronavirus-the-harmful-hunt-for-covid19s-patient-zero. The novel coronavirus infection rapidly spread to other countries. By January 21, the Centers for Disease Control and Prevention (CDC) confirmed the first patient in the United States. Elizabeth Cohen, First US Case of Wuhan Coronavirus Confirmed by CDC, CNN, Jan. 21, 2020, www.cnn.com/2020/01/21/health/wuhan-coronavirus-first-us-case-cdcbn/index.html. There are now at least 1,629 confirmed COVID-19 cases in 46 U.S.
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states and the District of Columbia. Coronavirus Disease 2019 (COVID-19) in the U.S., Ctrs. for Disease Control & Prevention (updated Mar. 13, 2020), www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html. The number of actual cases is likely far higher because effective testing procedures have only slowly become widely available. Thus far, the outbreak has led to 41 deaths in the United States. Coronavirus Disease 2019 (COVID-19) in the U.S., Ctrs. for Disease Control & Prevention, Mar. 13, 2020, www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html. On Friday, March 13, President Trump declared a national emergency to begin mobilizing the extraordinary measures necessary to address the rapidly expanding public health crisis. Transcript: Trump’s Coronavirus News Conference, N. Y. Times, Mar. 13, 2020, www.nytimes.com/2020/03/13/us/politics/trumpcoronavirus-news-conference.html.
The outbreak has reached Florida. As of today, the Florida Department of Health has confirmed 149 cases among Floridians, including four deaths. 2019 Novel Coronavirus (COVID-19), Fla. Dep’t of Health, Mar. 15, 2020, www.floridahealth.gov/diseases-and-conditions/COVID-19/. The true number may well be much higher. Florida Department of Education Commissioner Richard Corcoran has urged school districts statewide to keep schools closed for an additional week of spring break. Florida Department of Education Provides Recommendations for Spring Break, Fla. Dep’t of Ed., Mar. 13, 2020,
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www.fldoe.org/newsroom/latest-news/florida-department-of-education-providesrecommendations-for-spring-break.stml. Tens of thousands of Floridians who work for state agencies have been asked to work from home and to cancel travel for 30 days. Gov. DeSantis Orders 2,500 Coronavirus Test Kits, Asks for Limited Mass Gatherings, News4Jax, Mar. 12, 2020, www.news4jax.com/health/2020/03/12/govdesantis-we-have-to-increase-our-ability-to-test-for-coronavirus/. On Friday, March 13, Secretary Lee released a joint statement with the chief election officials of Arizona, Illinois, and Ohio, confirming that the scheduled presidential preference primary election would proceed on Tuesday, March 17, despite the emergent circumstances. Statement from Arizona, Florida, Illinois and Ohio Chief Elections Officials on the Status of the March 17th State Primaries, Ohio Sec’y of State, Mar. 13, 2020, www.ohiosos.gov/media-center/press-releases/2020/2020-03-13/. And just yesterday, the CDC recommended that for the next eight weeks, groups and individuals throughout the United States cancel or postpone in-person events that consist of 50 people or more. Interim Guidance for Coronavirus Disease 2019 (COVID-19), Ctrs. for Disease Control & Prevention, Mar. 15, 2020, www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html. Today, the President’s Office issued new guidance for the public to avoid all social groupings of 10 or more people. The President’s Coronavirus Guidelines for America, Mar. 16, 2020,
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https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirus-

guidance_8.5x11_315PM.pdf.

The ongoing COVID-19 emergency has disrupted the normal functioning of

this election.

SOEs have closed, moved or consolidated 112 polling places in 22 counties,

including many at assisted living facilities. The closure of polling places at assisted

living facilities not only affects residents of the facilities but also the non-residents

who vote at those locations. Numerous poll workers may withdraw from

participating in this election due to concerns about the pandemic and following the

CDC’s guidance regarding gatherings of 50 people or more. See, e.g., Anna Bryson,

Coronavirus Florida: Sarasota County Voting Locations Change as Poll Workers

Quit,

Herald-Tribune,

Mar.

14,

2020,

https://www.heraldtribune.com/news/20200314/coronavirus-florida-sarasota-

county-voting-locations-change-as-poll-workers-quit. With a lack of poll workers,

SOEs may close or consolidate yet more polling places. This will inevitably hinder

voters’ ability to access polling sites within reasonable distances of their homes and

will create confusion. Polling places that remain open with fewer poll workers may

experience longer lines with wait times for voters, increasing health risks. Where

SOEs utilize volunteers from other government departments to fill vacant poll

worker positions, the lack of time to fully train those volunteers in election law,

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rules, and procedures may result in the dissemination of inaccurate information to voters or to eligible voters being wrongfully turned away from the polls. Between people who can no longer risk going to the polls and those who will face barriers at the polls due to closures, confusion, and long lines, the extension of vote-by-mail deadlines and related accommodations are necessary to protect voting rights in Florida.
LEGAL STANDARD Plaintiffs seek a Temporary Restraining Order (“TRO”) and a Preliminary Injunction (“PI”) pursuant to Federal Rule of Civil Procedure 65 (a) and (b), to enjoin defendants to ensure that all eligible Florida electors whether they be mandatorily quarantined, self-quarantined, self-distancing, displaced by the pandemic or otherwise prevented from casting a regular ballot on election day by the novel corona virus, COVID-19, and who desire to vote in the primary preference primary election in Florida are able to cast a ballot that counts. To prevail on a motion for a TRO and PI, a movant must establish: (1) a substantial likelihood of success on the merits; (2) that the movant will suffer irreparable injury in the absence of the requested injunctive relief; (3) that the threatened harm outweighs the harm that the nonmovant would suffer if the injunctive relief is issued; and (4) that the injunctive relief would not be adverse to
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the public interest. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008) (setting out the standard for a preliminary injunction); Windsor v. United States, No. 09-13998, 2010 WL 1999138, at *4 (11th Cir. May 10, 2010) (noting that the standard for a temporary restraining order is identical to the standard for a preliminary injunction). “The purpose of a preliminary injunction is to prevent irreparable injury so as to preserve the court’s ability to render a meaningful decision on the merits.” United States v. Alabama, 791 F.2d 1450, 1459 (11th Cir. 1986) (affirming grant of a preliminary injunction).
ARGUMENT I. Plaintiffs Are Likely to Succeed on the Merits of Their Claims.
Plaintiffs are likely to succeed on the merits of their claim that Florida’s elections rules, without accommodations for extended vote-by-mail and other vital changes to ensure ballot access in the midst of the COVID-19 pandemic, places an undue burden on their right to vote by severely burdening and in some cases totally denying hundreds of thousands of eligible Florida citizens the opportunity to cast a ballot that counts in the 2020 presidential preference primary.
Voting forms “the beating heart of democracy.” League of Women Voters v. Detzner, 314 F. Supp. 3d 1205, 1215 (N.D. Fla. 2018). But “voting alone is not enough to keep democracy’s heart beating. . . [V]otes must then be counted.” Democratic Executive Comm. of Fla. V. Lee, 915 F.3d 1312, 1315 (11th Cir. 2019).
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In the Eleventh Circuit, a court must evaluate the constitutionality of an election law challenged under the First and Fourteenth Amendments by applying the Anderson-Burdick test. Anderson v. Celebrezze, 460 U.S. 780, 789 (1983); Burdick v. Takushi, 504 U.S. 428, 434 (1992). That test requires the court to weigh the character and magnitude of the asserted First and Fourteenth Amendment injury against the state’s proffered justifications for the burdens imposed by the rule, taking into consideration the extent to which those justifications require the burden to plaintiffs’ rights. See Anderson, 460 U.S. at 789; Burdick, 504 U.S. at 434.
A law that severely burdens the right to vote must be narrowly drawn to serve a compelling state interest. Burdick, 504 U.S. at 434; Democratic Executive Committee of Fla., 915 F.3d at 1318. Even for a law that “imposes only a slight burden on the right to vote, relevant and legitimate interests of sufficient weight still must justify that burden.” Democratic Executive Committee of Fla., 915 F.3d at 1318-19 (citing Common Cause/Ga. v. Billups, 554 F.3d 1340, 1352 (11th Cir. 2009)). The more a challenged law burdens the right to vote, the stricter the scrutiny to which the law is subjected. Democratic Executive Committee of Fla., 915 F.3d at 1319 (citing Stein v. Ala. Sec. of State, 774 F.3d 689, 694 (11th Cir. 2014) (stating that challenges to state election laws arising solely under the First Amendment are governed by Anderson v. Celebrezze)).
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In Florida Democratic Party v. Scott, this court explained, in the context of Hurricane Matthew forcing voters to evacuate the State, that there is no Florida statutory provision allowing for an extension of the voter registration deadline in the event of an emergency, and that without such a provision, Florida law “completely disenfranchises thousands of voters, and amounts to a severe burden on the right to vote.” 215 F. Supp. 3d. 1250, 1257 (N.D. Fla. 2016).
COVID-19 has placed a severe burden on the right to vote by disenfranchising thousands of voters. Despite Defendant DeSantis’s own declaration of a state of emergency on Friday, March 13th, the State has refused to make a reasonable effort to accommodate the needs of its voting eligible citizens that are quarantined and voters who need accommodations in order to cast a ballot in light of the global pandemic and its risks. Absent relief, hundreds of thousands of eligible Floridians will be prevented from participating in the presidential preference primary election. The burden this scheme places on thousands of Floridians right to vote greatly outweighs any proffered justifications the State could put forward, whether under a more stringent Anderson-Burdick analysis akin to strict scrutiny or under the intermediate standard. And as this court explained in Florida Democratic Party v. Scott, even assuming the State of Florida could point to a valid compelling interest, “it is nonsensical to argue that it is narrowly tailored to that interest” in a
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circumstance where the scheme totally denies eligible voters the opportunity to cast a ballot as a result of an un expected state emergency. 215 F. Supp. 3d at 1257.
Similarly, under the Anderson-Burdick standard, the State cannot argue that some limitation requires it to burden the constitutional rights of aspiring eligible voters in these circumstances. Nor would the State, given the declared state of emergency and the potential burden to the state health system, want all eligible registered voters to show up in person from around the United States, including asymptomatic individuals who are self-quarantining or practicing social distancing, to come to the polls to cast a ballot. Finally, even under rational basis review, it “is wholly irrational in this instance for Florida to refuse to extend the voter registration deadline when the State already allows the Governor to suspend or move the election date due to an unforeseen emergency.” Scott, 215 F. Supp. 3d at 1257 (citing § 101.733, Fla. Stat.)
Under these circumstances, the State’s enforcement of the March 7 vote-bymail request deadline and its refusal to allow the delivery of ballots by e-mail or fax or accommodate voters who are particularly vulnerable to COVID-19 constitute an undue burden on the right to vote. As a result, Plaintiffs are likely to succeed on the merits.
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II. In the Absence of a Restraining Order, Plaintiffs Will Suffer Irreparable Harm by Being Permanently Denied the Right to Vote in Florida’s 2020 Presidential Preference Primary Election.
It is plain that Plaintiffs will suffer irreparable injury if a temporary restraining order is not granted. The State has refused to extend vote-by-mail deadlines, adjust early voting dates, and expand mail ballot transmission options despite a pandemic that has forced many Floridians to leave the State, quarantine at home, or avoid public gatherings—all interrupting ordinary plans to vote in person on Election Day. Plaintiffs and voters across Florida now face an unenviable choice: brave the polls and subject themselves to risks the State itself has asked them not to take, or forfeit their right to vote. Unless they are granted the relief requested, there is a strong likelihood that the right to vote of thousands of Floridians, including the Individual Plaintiffs and Organizational Plaintiffs’ members and constituents, will be severely burdened or eliminated in the 2020 presidential preference primary.
Because of the crisis created by COVID-19, many Floridians who planned to vote in person on Election Day, including the individuals who have submitted the attached declarations, are not able or willing to vote in person at the polls on Tuesday as they had planned and have now missed the March 7, 2020, deadline to requested vote-by-mail ballots. Moreover, the President has instructed all persons to avoid gatherings of 10 persons or more, an instruction many voters would have to disregard to cast their ballots at the polls.
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These individuals now have no means of casting a ballot except by appearing in person at their Supervisor of Elections office to request an emergency vote-bymail ballot or appearing and voting in person at their assigned polling place.
For many of these voters—such as Ms. Robinson, who went to her parents’ home in North Carolina after the University of Florida asked students to leave campus, and Ms. Williams, who went to her parents’ home in New York under the same circumstances—neither of these options is practicable because they are not presently in the State. Ms. Spillman is now at her parents’ home in Lake County rather than in Volusia County, where she attends Bethune-Cookman University and where she is registered to vote, because the university directed students not to return. She lacks transportation to get back to Volusia County because her mother, who would have to drive her, has been ordered to continue to report to work.
In addition, the health risks of voting in person are prohibitive for many voters. Plaintiff Ray Winters is 78 years old, has heart problems, and experiences seizures. His wife, Plaintiff Kathleen Winters, is 67 years old and must take precautions to safeguard Mr. Winters’ health as well as her own. Both intended to vote in person on Election Day, but with the rapidly evolving news about coronavirus, are now unable to go into the polls without grave risk to their health. They avoid leaving their home and have even made arrangements to have their groceries and medication delivered. Meanwhile, Plaintiff Baez is unwilling to risk
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her health or that of others as she recently returned from international travel. Untold numbers of Floridians who are ill or have health conditions, who live with people who do, or who are simply committed to social distancing of the sort the country’s highest government officials have implored all to undertake will be barred from voting unless they can receive, execute, and return vote-by-mail ballots.
This is not a case where denial of relief would merely inconvenience Plaintiffs, declarants, and organizational plaintiffs’ members. Denial of relief would leave people to risk their health, and the health of the wider community, or to forfeit their fundamental right to vote and have a voice in their own democracy. III. The Harm to Plaintiffs Outweighs Any Burden to the State in
Accommodating the Situation Caused By the COVID-19 Pandemic. If Florida does not provide the requested relief, Plaintiffs and thousands of Florida voters will be stripped of their most fundamental freedom—the right to vote. Because any burden on Defendants certainly outweighs the public health and civic consequences of not taking prompt action, the balance of hardships favors Plaintiffs. As this Court said in another state emergency “[o]f course, the State of Florida has the ability to set its own deadlines and has an interest in maintaining those deadlines … [b]ut it would be nonsensical to prioritize those deadlines over the right to vote, especially given the circumstances here.” Scott, 215 F. Supp. 3d at 1258. In that case, this court was referring to Hurricane Matthew, which ravaged Florida and left many Florida residents evacuated outside of the state. Here, the COVID-19
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emergency is impacting not just the State of Florida, but the United States, and the numbers affected in Florida are expected to rise, perhaps dramatically. America’s chief public health department has issued guidance urging individuals and groups to cancel or postpone in-person events that consist of 50 people or more throughout the United States for the next eight weeks. State governments have required persons showing symptoms of COVID-19 not leave their homes for 14 days. The State of Florida has issued a state of emergency, as has the United States. The President’s Office just advised that people not gather in groups of ten or more. There is no question that under these extraordinary circumstances it is both prudent and necessary for the State to undertake swift action to ensure that the thousands of affected Florida residents do not have to choose between their health or the health of their loved ones and exercising a voice in our democracy.
Any burden the state might experience in having to extend the mail-ballot deadline or take the other actions Plaintiffs seek is limited. Even if government guidance on public gatherings changes, the extension that Plaintiffs request will be sufficient to allow voters to request and return ballots by mail or via the drop boxes Plaintiffs seek, providing a full opportunity to participate even for those with severe limitations on their activities.
It would be unreasonable to prioritize pre-COVID-19 deadlines over the right to vote in this extraordinary circumstance.
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IV. The Requested Relief Is in the Public Interest Because It Will Help Protect the Health and Safety of Florida Residents, Assist the State in Complying with CDC Guidance During the COVID-19 Pandemic, Help Prevent the Spread of a Novel and Deadly Virus, and Safeguard Eligible Florida Voters’ Fundamental Right to Vote. Defendants cannot provide any colorable justification for their refusal, in light
of the COVID-19 pandemic, to extend the vote-by-mail request and return deadlines or to expand the mechanisms for delivering vote-by-mail ballots. Plaintiffs’ requested relief is in the public interest because it will help protect the health and safety of Florida residents by preventing mass gatherings which could expose the elderly or infirm to the virus. The requested relief assists the State in complying with CDC guidance during the COVID-19 pandemic, helps prevent the spread of a novel, deadly virus from overwhelming the State of Florida’s health system, and safeguards eligible Florida voters’ fundamental right to vote. By every measure, the requested relief is in the public interest. These voters have already had their lives indefinitely turned upside down, and they should not have to risk their wellbeing and potentially their lives to cast a ballot. Ensuring that they can exercise their constitutional right to vote thus promotes the public interest.
CONCLUSION For the foregoing reasons, this Court should enter a Temporary Restraining Order awarding the requested relief.
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Dated: March 16, 2020

Respectfully submitted,
By: /s/ Kira Romero-Craft Kira Romero-Craft

CHIRAAG BAINS* Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 (202) 864-2746 cbains@demos.org
STUART NAIFEH* KATHRYN C. SADASIVAN* MIRANDO GALINDO* EMERSON GORDON-MARVIN* Dēmos 80 Broad St, 4th Floor New York, NY 10004 (212) 485-6055 snaifeh@demos.org ksadasivan@demos.org mgalindo@demos.org egordonmarvin@demos.org

JUDITH A. BROWNE DIANIS* GILDA DANIELS* JESS UNGER* SHARION SCOTT* Advancement Project National Office 1220 L Street N.W., Suite 850 Washington, D.C. 20005 (202) 728-9557 jbrowne@advancementproject.org gdaniels@advancementproject.org junger@advancementproject.org sscott@advancementproject.org
KIRA ROMERO-CRAFT (FL SBN 49927) LatinoJustice PRLDEF 523 West Colonial Drive Orlando, Florida 32804 (321) 418-6354 kromero@latinojustice.org
FRANCISCA FAJANA* JACKSON CHIN* LatinoJustice PRLDEF 475 Riverside Drive, Suite 1901 New York, NY 10115 (212) 739-7572 ffajana@latinojustice.org jchin@latinojustice.org
Attorneys for Plaintiffs
*Application for admission pro hac vice forthcoming

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CERTIFICATE OF WORD COUNT Pursuant to Northern District of Florida Local Rule 7.1(F), I certify that, according to the word count of the word processing system used to prepare this document, the foregoing memorandum contains 5,571 words.
/s/ Kira Romero-Craft Kira Romero-Craft
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 16, 2020, a true and correct copy of the
foregoing motion and memorandum has been furnished to the following parties via
electronic mail:
Nicholas Allen Primrose Executive Office of the Governor 400 S Monroe Street, # 209 Tallahassee, FL 32399-6536 (850) 717-9310 nicholas.primrose@eog.myflorida.com Attorney for the Governor
Brad McVay General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 (850) 245-6511 Brad.McVay@dos.myflorida.com Attorney for the Secretary of State
Amit Agarwal, Solicitor General Office of the Attorney General PL-01 The Capitol Tallahassee, FL 32399-1050 amit.agarwal@myfloridalegal.com Attorney for Defendant Elections Canvassing Commission
/s/Kira Romero-Craft Kira Romero-Craft
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DECLARATION OF ACACIA WILLIAMS
My name is Acacia Williams. I am over the age of 18 and fully competent to make this declaration. Under penalty of perjury, I state the following:
1. I am a full-time student in my second year at the University of Florida (UF). 2. I am a Spanish major. 3. I am African-American 4. As a UF student, I reside approximately nine months of the year in Gainesville, Alachua County,
Florida. 5. When school is not in session, I live in my parents’ home in Sullivan County, New York. 6. I am registered to vote in Alachua County. 7. I had a plan to vote in the 2020 presidential preference primary. 8. My plan to vote was to vote early in person at the early voting site on UF’s campus at the J.
Wayne Reitz Student Union on Friday, March 13, 2020. 9. On or about Monday, March 9, and on Wednesday, March 11, 2020, UF administrative
leadership sent emails advising students that UF would transition courses online due to the coronavirus outbreak. 10. The Wednesday, March 11, 2020 email also stated, “UF is encouraging all students to return to their homes and remain there until March 30.” 11. I complied with this directive. I packed my belongings and my family booked a flight back to New York. 12. I traveled to Tampa on Friday, March 13, 2020, to catch my flight to New York. 13. I flew from Tampa to New York on Saturday, March 14, 2020. I am currently staying at my parents’ home in Sullivan County, New York.

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14. I was unable to vote at the Reitz early voting location before being directed to leave UF.
15. The coronavirus outbreak, and its effects on normal activities at UF and displacement of students, has disrupted my plan to vote.
16. It is important to me to vote. I feel almost guilty at the thought that I wouldn’t be able to vote in this election. What if my ballot would have been the deciding vote?
Pursuant to Fla. Stat. § 92.525: Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.

/s/ Acacia Williams Signature
Date: March 16, 2020

Acacia Williams Printed Name

Case 1:20-cv-00067-RH-GRJ Document 4-2 Filed 03/16/20 Page 1 of 2

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DECLARATION OF RACHEL GILMER
My name is RACHEL GILMER. I am over the age of 18 and fully competent to make this declaration. Under penalty of perjury, I state the following:
1. I am a Co-Director of the non-profit organization Dream Defenders, which has its principal office in Miami, FL.
2. Dream Defenders conducts voter engagement work throughout the State of Florida. 3. The organization annually hosts a phone bank to reach voters in advance of the election. 4. We began this year’s phone bank for Florida’s Presidential Preference Primary on or about January
12, 2020. We initially hosted the phone bank 2-3 times each week. 5. As a result of the coronavirus, on March 13, 2020, we increased the number of calls that we
normally make to voters. 6. We have between 15 and 30 people that make calls each day. 7. During our calls, we educate voters on their polling locations, early voting hours, and requirements
for casting a ballot. 8. We have spoken with multiple people who initially planned to vote in-person on Election Day but
no longer intend to cast a ballot. 9. These individuals are afraid of the coronavirus and how voting in-person may contribute to the
virus spreading. 10. Several people indicated that they do not plan to leave the house to vote because they are afraid of
contracting the virus. 11. Others indicated that they are exhibiting symptoms of being sick and want to be mindful of
spreading their sickness to others. Therefore, they are self-quarantining and will sacrifice voting to protect others. 12. As we speak with these individuals, we are unsure how to advise them on voting while we are in a national state of emergency surrounding the coronavirus.
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13. The State of Florida has not issued any guidance that we can give to people on whether they should still leave their homes to vote, wear gloves, or take any other preventive measures when attempting to vote.
14. We have spoken with numerous individuals that are currently displaced from their voting precinct because of the coronavirus. They will be unable to vote on Election Day because they cannot travel to their assigned polling place.
15. We have also encountered numerous people that are unsure of their polling place location for Election Day.
16. We anticipate that counties such as Miami-Dade County, have multiple polling place closures or re-locations, but there is little or no information available to voters regarding polling place changes.
17. My organization has expended hours attempting to research polling place changes on Supervisors of Elections websites, but the State of Florida and Supervisors of Elections have not all provided easily accessible and consistent information to guide people regarding these changes.
18. We want to assist people in successfully voting in the Presidential Preference Primary, but with a lack of information from the State and fear over the coronavirus, we are concerned that many people who want to vote will be unable to cast a ballot on Election Day.
Pursuant to Fla. Stat. § 92.525: Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.

______________________________________ Signature
Date: March 15, 2020

_R_ac_h_el_G_il_m_er______________________________ Printed Name

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DECLARATION OF EVA ROBINSON
My name is Eva Robinson. I am over the age of 18 and fully competent to make this declaration. Under penalty of perjury, I state the following:
1. I am a full-time student in my second year at the University of Florida (UF). 2. I am an art major. 3. I am African-American 4. As a UF student, I reside approximately nine months of the year in Gainesville, Alachua County,
Florida. 5. When school is not in session, I live in my parents’ home near Jacksonville, North Carolina. 6. I am registered to vote in Alachua County. 7. I had a plan to vote in the 2020 presidential preference primary. 8. My plan to vote was to vote early in person at the early voting site on UF’s campus at the J.
Wayne Reitz Student Union. 9. On or about Tuesday, March 3, 2020, I visited the Reitz early voting location to vote. 10. I was turned away because the residential address in my pollbook entry needed to be updated; the
pollbook contained my first year dormitory address. 11. My current dormitory is across a street from my first year dormitory, but has a complex and
markedly different address. 12. I made a new plan to confirm and update my registration with my current address, and vote early
in person at the Reitz early voting location the following week. 13. On or about Monday, March 9, and on Wednesday, March 11, 2020, UF administrative
leadership sent emails advising students that UF would transition courses online due to the coronavirus outbreak. 14. The Wednesday, March 11, 2020 email also stated, “UF is encouraging all students to return to their homes and remain there until March 30.” 15. Despite deadline pressure on major academic requirements, I complied with this directive. 16. I packed my belongings and returned home to North Carolina on Friday, March 13, 2020.

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17. I was unable to return to the Reitz early voting location before being directed to leave UF. 18. The coronavirus outbreak, and its effects on normal activities at UF and displacement of students,
has disrupted my plan to vote. 19. It is important to me to vote. Without a vote, I don’t feel like I have a say in my future.
Pursuant to Fla. Stat. § 92.525: Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.

__/_s_/ _E_v_a__R__o_b_i_n_s_o_n_____________________
Signature
Date: March 16, 2020

___E_v_a__R__o_b_i_n_s_o_n_______________________
Printed Name

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Declaration of Kathleen Winters (pursuant to 28 U.S.C. $ 1746)
I, Kathleen Winters, declare the following based on my personal knowledge:
l. I am a named plaintiff in this lawsuit. I am an adult United States citizen, and I am a
resident of Miami-Dade County, Florida. I am eligible and registered to vote in MiamlDade County.
2. Before the COVID-I9 public health crisis I planned to go in person to my local
polling site to cast my ballot for Florida's Presidential Preference Primary Election, scheduled to take place on March 17,2020.
3. I still want to vote but am no longer willing to do so because of the COVID-l9 public
health crisis.
4. I am sixty-seven years old. My husband, Ray Winrers, is seventy-eight years old and
has cardiac problems and a seizure disorder.
5. I leamed through news reports on television, including MSNBC and local channels,
newspapers, including the New York Times and Miami Herald, that my age and my husband's age and his preexisting health conditions make us more vulnerable to serious, and maybe even lethal, health outcomes if we contract the COVID-I9 virus. Public officials, including Mayor of MiamiDade County Carlos A. Gimenez, Govemor Ronald Dion DeSantis, National lnstitute of Allergy and Infectious Diseases Director Althony S. Fauci, and U.S. Srugeon General Jerome M. Adams, made statements in these news reports that the elderly and persons with preexisting health conditions, such as my husband, should practice social distancing, including avoiding contact with crowds.
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6. Govemor DeSantis has recommended mass gatherings be cancelled, has suspended
most visits to nursing homes, and some counties have closed serfor centers. [n addition, the Centers for Disease Control and Prevention has recommended gatherings ofno more than 50 people for eight weeks.
7. Because COVID-l9 is a very contagious virus, I am practicing social distancing to
protect myself and my husband from contracting the COVID-l9 virus. It is especially
important for me to practice social distancing not only for my own safety because of
my age, but also to because of the possibility ofexposing my husband to the virus because he is elderly and has preexisting health conditions. For these reasons, we are
especially vulnerable to serious or even gra.ve health consequences if we contract the COVID-l9 virus. This means that for the time being I avoid leaving the house, and I
have made arrangements to have my groceries and me.dications delivered.
8. Because both my spouse and I are pa.rticularly susceptible to severe outcomes from
contracting COVID-l9, I am unwilling to risk leaving my house to cast my ballot at the polls in Florida's Presidential Preference Primary Election tomorrow.
9. If I could request a vote-by-mail ballot, I would vote in Florida's Presidential
Preference Primary Election. 10. I am worried that the need to practice social distancing due to the COVID-I9 public
health emergency will be a disaster for voting and that this election will not be representative ofpeople like me and my husband who cannot reasonably leave the
house to vote because they are elderly, have compromised immune systems, and/or live with persons with compromised immune systems.
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I l. I brought this lawsuit because I believe Floridians who are elderly and/or have
preexisting health conditions are entitled to vote in this election.
12. I declare under penalty ofpe{ury under the laws of the United States that the
foregoing is true and correct to the best of my knowledge.
RESPECTFULLY SUBMITTED Dated: Miami, Florida March16,2020

Case 1:20-cv-00067-RH-GRJ Document 4-6 Filed 03/16/20 Page 1 of 2
Declaration of Ray Winters (pursuant to 28 U.S.C. $ 1746) I, Ray Winters, declare the following based on my personal knowledge:
1. I am a named plaintiff in this lawsuit. I am an adult United States citizen, and I am a resident of Miami-Dade County, Florida I am eligible and registered to vote in Miami-Dade County. Before the COVID-l9 public health crisis I planned to go in person to my local polling site to cast my ballot for Florida's Presidential Preference Primary Election, which is scheduled to take place on March 17,2020.
J. I still want to vote but am no longer willing to do so because of the COVID-I9 public
health crisis.
4. I am seventy-eight years old and have cardiac problems and a seizure disorder. 5. I leamed through news reports on television, including MSNBC and local channels,
and through newspapers, including the New York Times and Miami Herald, that my age and preexisting health conditions make me more lulnerable to serious, and maybe even lethal, health outcomes if I contract the COVID-l9 virus. Public officials, including Mayor of Miami-Dade Comty Carlos A. Gimenez, Govemor Ronald Dion DeSantis, National Institute of Allergy and Infectious Diseases Director Anthony S. Fauci, and U.S. Surgeon General Jerome M. Adams, made statements in these news reports that the elderly and persons with preexisting health conditions, such as myself, should practice social distancing, including avoiding contact with crowds. 6. Govemor DeSantis has recommended mass gatherings be cancelled, has suspended most visits to nursing homes, and some counties have closed senior centers. In

Case 1:20-cv-00067-RH-GRJ Document 4-6 Filed 03/16/20 Page 2 of 2
addition, the Centers for Disease Control and Prevention has recommended gatherings ofno more than 50 people for eight weeks.
7. Because COVID- I 9 is a very contagious virus and I need to practice social distancing
to protect myself, I am presently not leaving my property. I have made arrangements to work remotely and I have my groceries and medication delivered.
8. I cannot vote in Florida's Presidential Preference Primary Election tomorrow
because, as someone who is elderly and wlnerable to serious or even grave health consequences if I contract the COVID-l9 virus, I cannot leave my house to cast my ballot at the polls.
9. If I could request a vote-by-mail ballot, I would vote in Florida's Presidential
Preference Primary Election by retuming the ballot through the mail or asking my wife to place it in an area drop box. 10. I brought this lawsuit because I believe Floridians who are elderly andlor have preexisting health condidons are entitled to vote in this election. 11. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge.
RESPECTFULLY SUBMITTED Dated: Miami, Florida March 16,2020
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DECLARATION OF TERRIAYNA SPILLMAN
My name is Terriayna Spillman. I am over the age of 18 and fully competent to make this declaration. Under penalty of perjury, I state the following:
1. I am a full-time student in my first year at Bethune-Cookman Univeristy (B-CU), located in Volusia County.
2. I am a pre-nursing major. 3. I am African-American. 4. As a student at B-CU, I reside approximately nine months of the year in Volusia County. 5. When school is not in session, I live at my parents’ home in Leesburg, Lake County, Florida. 6. I am registered to vote in Volusia County. 7. I had planned to vote in the 2020 presidential preference primary. 8. My plan to vote was to vote in person on Election Day, Tuesday, March 17, 2020. 9. B-CU’s spring break began on Monday, March 9, 2020. 10. I traveled home to Leesburg, Florida, for spring break, with a plan to return on Thursday, March
12, 2020. 11. During spring break, B-CU communicated to students about the impact of the coronavirus
outbreak, and began to ask students not to return to Daytona Beach following spring break. 12. On Thursday, March 12, and again on Sunday, March 15, 2020, B-CU wrote to students that “B-
CU Students who have departed for Spring Break are directed not to return to Campus for at least two weeks with a tentative return date of March 30, 2020.” 13. I complied with this directive and remained home in Leesburg, Florida. 14. I do not have a reliable means of return to Daytona Beach on Election Day, because my mother— who would drive me back—has been ordered to continue reporting to work through the coronavirus outbreak. 15. The coronavirus outbreak, and its effects on normal activities at B-CU and displacement of students, has disrupted my plan to vote. I do not know how I will be able to cast a ballot in this presidential preference primary.

Case 1:20-cv-00067-RH-GRJ Document 4-7 Filed 03/16/20 Page 2 of 2

16. I feel angry at the prospect of not being able to vote. This is my first presidential election and it feels like my voice is being stripped away from me.
Pursuant to Fla. Stat. § 92.525: Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.

______/s/Terriayna Spillman_ Signature
Date: March 16, 2020

_Terriayna Spillman______________________________ Printed Name

 
 Case 1:20-cv-00067-RH-GRJ Document 12 Filed 03/17/20 Page 1 of 3 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

ACACIA WILLIAMS, DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, TERRIAYNA SPILLMAN, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ

Plaintiffs,

v.

CASE NO. 1:20cv67-RH-GRJ

RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,

Defendants.

___________________________________________________/

ORDER DENYING A TEMPORARY RESTRAINING ORDER

The Florida presidential primary has been in progress through voting by mail and early in-person voting and is concluding with in-person voting today, Tuesday, March 17, 2020. At 9:29 p.m. on Monday, March 16, the plaintiffs filed this lawsuit seeking a fundamental alteration in the manner in which further voting will be conducted. At 11:16 p.m., the plaintiffs moved for a temporary restraining order
Case No. 1:20cv67-RH-GRJ

Case 1:20-cv-00067-RH-GRJ Document 12 Filed 03/17/20 Page 2 of 3 Page 2 of 3
or preliminary injunction. The defendants have entered appearances but, not surprisingly, have not yet responded to the complaint or motion.
The factual basis for the lawsuit and motion is substantial: the ongoing covid-19 national healthcare emergency. Going to the polls may risk infection of individual poll workers and voters and thus may advance the spread of the disease, increasing the already-substantial risk that the nation’s healthcare capacity will eventually be overrun. Responsible supervisors of elections can take steps to reduce but not eliminate the risk.
Some voters are at greater risk than others. And the steps that responsible individuals have already taken to reduce the risk of spreading the virus—for example, by leaving college campuses—will make it difficult or impossible for some to vote.
As a prerequisite to a temporary restraining order or preliminary injunction, a plaintiff must establish a substantial likelihood of success on the merits, that the plaintiff will suffer irreparable injury if the injunction does not issue, that the threatened injury outweighs whatever damage the proposed injunction may cause a defendant, and that the injunction will not be adverse to the public interest. See, e.g., Charles H. Wesley Educ. Found., Inc. v. Cox, 408 F.3d 1349, 1354 (11th Cir. 2005); Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000) (en banc).
Case No. 1:20cv67-RH-GRJ

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At this hour, with voting in progress, a temporary restraining order would be adverse to the public interest. At least until the polls close, and under all the circumstances, it will be in the public interest to allow the Governor, Secretary of State, and Supervisors of Elections to perform their respective roles. The national healthcare emergency is not a basis to cancel an election, and the plaintiffs do not assert it is.
This order makes no ruling on the merits. The order also makes no ruling on whether the plaintiffs’ claims will become moot when the polls close or will instead either support a claim for relief affecting this primary or be capable of repetition yet evading review. A separate order will be entered setting procedures going forward.
IT IS ORDERED: The motion for a temporary restraining order is denied. The motion for a preliminary injunction remains pending and will be addressed through further procedures after the polls close. SO ORDERED on March 17, 2020.
s/Robert L. Hinkle United States District Judge
Case No. 1:20cv67-RH-GRJ

 
 Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

ACACIA WILLIAMS, DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ
Plaintiffs,
v.
RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,
Defendants.

Case No. 1:20-cv-67-RH- GRJ

PLAINTIFFS’ RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER
In the Order denying Plaintiffs’ motion for a temporary restraining order, this court indicated that the impact of the coronavirus on today’s election may yet “support a claim for relief affecting this primary.” (ECF No. 12.) The evidence from around the state, as reflected in the attached declarations of Rose Marie Barfield, Murray Heller, Cierra Medina, Jessica Alcocer, Carolyn Thompson, and Marina
1

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 2 of 16
Golan-Vilella, demonstrates that the relief Plaintiffs seek in this litigation remains urgent and necessary to ensure the election reflects the will of all Floridians who want to participate. Accordingly, pursuant to Federal Rule of Civil Procedure 65(a) and (b), Plaintiffs respectfully renew their request that this Court issue a temporary restraining order and a preliminary injunction enjoining Defendants DeSantis, Lee, and the Florida Elections Canvassing Commission, to take whatever steps are necessary to permit Floridians unable to vote at the polls today to request and return a vote-by-mail ballot during the period immediately following today’s election. Specifically, with respect to vote-by-mail balloting,1 Plaintiffs request the same relief as they sought in the TRO filed on March 16, 2020 (ECF No. 4), as follows:
(1) Extend deadlines for requesting and returning vote-by-mail ballots. a. Extend the deadline to request a vote-by-mail ballot from 10 days before the election to March 24, 2020. Although this deadline is after Election Day, it is before the date through which counties will be counting military and overseas voters’ ballots (March 27), and such an extension is necessary to make access to vote-by-mail under these emergency circumstances meaningful.
1 Plaintiffs no longer seek curbside voting, which is applicable only in the context of election day polling procedures. For the same reason, Plaintiffs no longer seek public service announcements and other information about polling place changes.
2

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 3 of 16
b. Accept returned vote-by-mail ballots and count them as long as they are postmarked by March 24, 2020, or later and are received by March 27, 2020, the existing deadline for receipt of ballots cast by military and overseas voters.
(2) Expand vote-by-mail options. a. Waive the requirement that any individual complete an Election Day Vote-by-Mail Ballot Delivery Affidavit as a condition of obtaining a vote-by-mail ballot. The present state of emergency establishes every voter’s eligibility to obtain their vote-by-mail ballot on or after Election Day. b. Allow all voters to request that their ballot be sent to them via e-mail or fax, an option currently available only to military and overseas voters. c. Provide drop-boxes for the return of vote-by-mail ballots at polling sites, and accept ballots returned via drop-boxes regardless of which precinct or county they are returned to. d. Allow voters to designate other individuals to return their ballots in person, by mail, or via drop-boxes, and waive the current limit of two ballots per designee. Currently, designees may collect and return ballots only for two voters other than themselves and may only return them in person or by mail.
3

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(3) Communicate critical information to Florida voters.

a. Develop state-wide public service announcements to be transmitted via

print, radio, and social media to alert Floridians to the expanded

opportunities to vote.

This motion is based on Plaintiffs Complaint (ECF No. 1) and the declarations

of Rose Marie Barfield, Murray Heller, Cierra Medina, Jessica Alcocer, Carolyn

Thompson, and Marina Golan-Vilella, attached hereto. Plaintiffs also incorporate by

reference their Memorandum of Law in support of their Motion for a Temporary

Restraining Order and Preliminary Injunction dated March 16, 2020 (ECF No. 4),

and the declarations attached thereto.

Plaintiffs respectfully request that this matter be set for telephonic oral

argument on an expedited basis.

Dated: March 17, 2020

Respectfully submitted, By: /s/ Kira Romero-Craft
Kira Romero-Craft

CHIRAAG BAINS* Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 (202) 864-2746 cbains@demos.org
STUART NAIFEH* KATHRYN C. SADASIVAN* MIRANDO GALINDO*

JUDITH A. BROWNE DIANIS* GILDA DANIELS* JESS UNGER* SHARION SCOTT* Advancement Project National Office 1220 L Street N.W., Suite 850 Washington, D.C. 20005 (202) 728-9557 jbrowne@advancementproject.org gdaniels@advancementproject.org
4

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 5 of 16

EMERSON GORDON-MARVIN* Dēmos 80 Broad St, 4th Floor New York, NY 10004 (212) 485-6055 snaifeh@demos.org ksadasivan@demos.org mgalindo@demos.org egordonmarvin@demos.org

junger@advancementproject.org sscott@advancementproject.org
KIRA ROMERO-CRAFT (FL SBN 49927) LatinoJustice PRLDEF 523 West Colonial Drive Orlando, Florida 32804 (321) 418-6354 kromero@latinojustice.org
FRANCISCA FAJANA* JACKSON CHIN* LatinoJustice PRLDEF 475 Riverside Drive, Suite 1901 New York, NY 10115 (212) 739-7572 ffajana@latinojustice.org jchin@latinojustice.org
Attorneys for Plaintiffs
*Application for admission pro hac vice forthcoming

5

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 6 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

ACACIA WILLIAMS, DREAM DEFENDERS, NEW FLORIDA MAJORITY, ORGANIZE FLORIDA, RAY WINTERS, KATHLEEN WINTERS, and BIANCA MARIA BAEZ
Plaintiffs,
v.
RON DESANTIS, in his official capacity as Governor of the State of Florida, LAUREL M. LEE, in her official capacity as Florida Secretary of State, and FLORIDA ELECTIONS CANVASSING COMMISSION,
Defendants.

Case No. 1:20-cv-67-RH- GRJ

PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF RENEWED MOTION FOR A TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION The United States is facing a pubic health emergency created by the COVID19 virus, which has threated the health and well-being of millions of Americans, shuttered schools and businesses, and led public health officials to recommend that Americans remain at home and avoid public gatherings. But today, the State of
1

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Florida conducted its Presidential Preference Primary (“PPP”) without making any accommodation for those impacted by the current public health crisis. As a result, without emergency relief ordered by this Court, Plaintiffs will be entirely deprived of the opportunity to vote in the Presidential Preference Primary, in violation of their rights under the First and Fourteenth Amendments to the United States Constitution.
FACTUAL BACKGROUND Most of the facts relevant to this motion are set forth in Plaintiffs’ original Motion for a Temporary Restraining order and are incorporated here by reference. Below, Plaintiffs set forth new facts that have come to light today during the course of voting in an election in which no accommodations were made to address the impact of the coronavirus pandemic. I. The March 17, 2020, Presidential Preference Primary. As election day began, Supervisors of Elections around the state faced shortages of poll-workers after many withdrew or failed to show up at their assigned polling sites. E.g., “The Latest: DNC chair urges vote-by-mail in primary states,” Associated Press (Mar. 17, 2020) (noting that in Palm Beach County, 800 pollworkers had withdrawn as of Monday, March 16, 2020), available at https://wgem.com/2020/03/17/the-latest-florida-polls-open-in-presidentialprimary/. For example, in Okeechobee, Florida, one individual, a seventy-threeyear-old voter with chronic health conditions, withdrew from her planned work as a
2

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poll worker out of concern that being around other people in this time of coronavirus would put her health at too high a risk. Declaration of Rose Marie Barfield, ¶¶ 2-4.
The evidence so far is that turnout in today’s election will be low, despite record numbers of voters who voted early and by mail. Carolyn Thompson, a longtime voter protection advocate who visited multiple polling precincts in Broward County today, observed low voter turnout in at least six of these polling locations. Decl. of Carolyn Thompson, ¶¶ 3, 6-7. In previous PPP elections, Ms. Thompson observed “fifty to one hundred” people in line at these same sites. Id. ¶ 7. Today, there was a trickle of “only one or two voters” in the 30 minutes she spent observing each polling location. Id. ¶ 6. II. Existing Emergency Balloting Procedures Failed to Enable Many to
Floridians to Vote. Despite the difficulties experienced at polling places, Supervisors of Elections were making no exceptions to the rules for obtaining emergency vote-by-mail ballots that voters can complete at home and return by the close of polling. Under normal circumstances, such ballots are available on election day only to voters experiencing an emergency that keeps them from voting at their assigned polling places. The process is cumbersome, requiring the voter to complete an affidavit explaining the emergency as well as, often, a vote-by-mail ballot request form. If the voter wishes to send someone else to pick up the ballot, the voter and the designee must both sign a separate form making the designation. Although the entire nation is facing an
3

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emergency that has resulted in many people being advised to stay away from public gatherings, Defendants failed to authorize supervisors to relax these requirements in any way, and calls to several supervisors indicated most were continuing to strictly comply with these procedures. Declaration of Marina Golan-Vilella, ¶¶ 5-14. One county even imposed its own heightened requirements, demanding a doctor’s note corroborating the voter’s emergency, and that requirement remained in effect today. See Miami-Dade County Ordinances, § 12-14(b). In at least one case, a supervisor was not permitting any voters to obtain vote-by-mail ballots, even if they were willing and able to comply with the requirements. Golan-Vilella Decl. ¶ 5. In another case, apparent confusion over the requirements lead to an individual seeking to obtain a ballot for her grandmother having to make multiple tripsto the supervisor’s office, taking a total of four hours to obtain all of the required forms,. Declaration of Jessica Alcocer, ¶¶ 6-9. III. Defendants’ Failure to Expand Voting Opportunities Prevented Many
Floridians From Participating. In addition to the Plaintiffs and their members, whose obstacles to voting are set forth in Plaintiffs’ original Emergency Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 4), and the declarations attached there to, many other Florida voters were unable to vote due to Defendants’ failure to extend the vote-by-mail deadline or offer other accommodations. For example, Rose Marie Barfield, a seventy-three year old resident of Okeechobee County, with
4

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 10 of 16
diabetes and high blood pressure, wanted to vote early in person last Friday, March 13, 2020. However, due to the public news about the unsafety of COVD-19 contagion, she decided it would be too great a risk to her health to work the polls or go in for early voting. She also did not vote this Tuesday primary for the same reasons. She would have voted by mail if it had been possible. Declaration of Rose Marie Barfield.
Likewise, Murray Heller is an eighty-six year old voter who did not vote today because he is afraid to leave his home in Delray Beach, Florida, during the COVID19 public health crisis. Mr. Heller would have voted in person at his local polling station today if there were no public health emergency. He has found news reports of the spike in cases, and the higher risk of severe and even fatal outcomes for elderly persons who contract COVID-19 to be “pretty frightening.” Mr. Heller would vote in Florida’s Presidential Primary Election if he could request and submit a mail ballot. Declaration of Murray Heller.
Cierra Medina, a thirty-year-old resident of Broward County, and a pregnant mother with two toddlers to care for, stated that before the COVID-19 public health crisis, she planned to go in person to her local polling site to cast her ballot. Medina Decl. ¶ 2. As a result of the public health emergency caused by COVID-19 contagion, fearing for her health, and that of her unborn child and two toddlers who are at home with her because their school has been canceled, Ms. Medina did not
5

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vote in person today in Broward County. Medina Decl. ¶¶ 5-8. She would have voted by mail if that had been an option. Medina Decl. ¶¶ 9-10.
The stories of Plaintiffs, their members, and these other voters is typical of the experience of voters throughout the State.2
LEGAL STANDARD Plaintiffs seek a Temporary Restraining Order (“TRO”) and a Preliminary Injunction (“PI”) pursuant to Federal Rule of Civil Procedure 65 (a) and (b), to enjoin defendants to ensure that all eligible Florida electors whether they be mandatorily quarantined, self-quarantined, self-distancing, displaced by the pandemic or otherwise prevented from casting a regular ballot on election day by the novel corona virus, COVID-19, and who desire to vote in the primary preference primary election in Florida are able to cast a ballot that counts. To prevail on a motion for a TRO and PI, a movant must establish: (1) a substantial likelihood of success on the merits; (2) that the movant will suffer irreparable injury in the absence of the requested injunctive relief; (3) that the threatened harm outweighs the harm that the nonmovant would suffer if the
2 See, e.g., WESH2, “Complete 2020 Florida presidential primary election results” (Mar. 17, 2020) (“Jonathan Castoire, a Broward County telecommunications engineer, said it was too dangerous for him to vote, because he has multiple sclerosis and his voting station is in a senior center. Castoire said he tried calling elections officials for help, but got nowhere, leaving him feeling like he has been given ‘an ultimatum’ to choose between his health and his right to vote.”)
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injunctive relief is issued; and (4) that the injunctive relief would not be adverse to the public interest. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008) (setting out the standard for a preliminary injunction); Windsor v. United States, No. 09-13998, 2010 WL 1999138, at *4 (11th Cir. May 10, 2010) (noting that the standard for a temporary restraining order is identical to the standard for a preliminary injunction). “The purpose of a preliminary injunction is to prevent irreparable injury so as to preserve the court’s ability to render a meaningful decision on the merits.” United States v. Alabama, 791 F.2d 1450, 1459 (11th Cir. 1986) (affirming grant of a preliminary injunction).
ARGUMENT As laid out in more detail in Plaintiffs’ original Motion for an Emergency Temporary Restraining Order and Preliminary Injunction, and as briefly reiterated below, Plaintiffs are entitled to a temporary restraining order mandating the additional voting opportunities sought in this motion. Plaintiffs are likely to prevail on the merits as Florida’s statutory scheme has totally denied many voters the opportunity to cast a ballot in the PPP and put others in the untenable position of choosing between their own or their family’s health and well-being and exercising their fundamental right to vote. The Plaintiffs and the other Floridians who have submitted declarations in support of this motion could not and did not predict the COVID-19 pandemic.
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Neither did the poll workers who did not show up today or polling sites that ultimately closed in accordance with federal guidance against gatherings of more 10 people. Now, with the election over and the deadline to apply for and cast a vote-bymail ballot long past, these voters will be wholly deprived of their right to vote without intervention by this court. Under this court’s precedent, as well as the precedent of other courts in the Eleventh Circuit in analogous situations, this severe burden on the right to vote cannot be countenanced under our constitutional system. See Georgia Coalition for the Peoples’ Agenda v. Deal, 214 F.Supp.3d 1344 (S.D. Ga. 2016) (granting emergency preliminary injunction extending voter registration deadline for one week where state officials’ failure to extend deadline, despite mandatory evacuations imposed due to hurricane, violated plaintiffs First and Fourteenth Amendments); Florida Democratic Party v. Scott, 215 F. Supp. 3d. 1250, 1257 (N.D. Fla. 2016) (finding that Florida’s statutory voter registration deadline, which permitted no change in the deadline in the event of emergency, “completely disenfranchises thousands of voters, and amounts to a severe burden on the right to vote.”).
The total denial of a meaningful opportunity to cast a ballot in the PPP constitutes irreparable injury that cannot be remedied absent action by this Court— action that the Court can and has exercised in past states of emergency. As this Court said in another emergency impacting an election “[o]f course, the State of Florida
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has the ability to set its own deadlines and has an interest in maintaining those deadlines . . . [b]ut it would be nonsensical to prioritize those deadlines over the right to vote, especially given the circumstances here.” 215 F. Supp. 3d at 1258.
With the end of in-person voting in today’s PPP, any burden on the State in extending the vote-by-mail deadlines and relaxing the other vote-by-mail requirements will be slight, especially compared to the total deprivation of the right to vote faced by Plaintiffs, their members, and thousands of other Floridians. Thus, the balance of the equities favors issuing the TRO and Preliminary Injunction plaintiffs seek.
Finally, a TRO and Preliminary Injunction are in the public interest. In general, “the public has a strong interest in exercising the fundamental political right to vote. That interest is best served by favoring enfranchisement and ensuring that qualified voters’ exercise of their right to vote is successful.” Obama for Am. v. Husted, 697 F.3d 423, 436-437 (6th Cir. 2012) (citing Purcell v. Gonzalez, 549 U.S. 1 (2006)) (internal citations and quotations omitted). “The public interest therefore favors permitting as many qualified voters to vote as possible.” Obama for Am., 697 F.3d at 437. With the polls closed, there is now no countervailing public interest in allowing elections officials to conduct Election Day business while “voting is in progress,” as this Court noted in denying the initial motion this morning. Order Denying a Temporary Restraining Order at 3 (ECF No. 12). A TRO allowing the
9

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modest extension to the vote-by-mail deadline that Plaintiffs seek will allow as many

qualified Floridians to vote as possible and will advance the public interest.

CONCLUSION

For the foregoing reasons, this Court should enter a Temporary Restraining

Order awarding the requested relief.

Dated: March 17, 2020

Respectfully submitted,
By: /s/ Kira Romero-Craft Kira Romero-Craft

CHIRAAG BAINS* Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 (202) 864-2746 cbains@demos.org
STUART NAIFEH* KATHRYN C. SADASIVAN* MIRANDO GALINDO* EMERSON GORDON-MARVIN* Dēmos 80 Broad St, 4th Floor New York, NY 10004 (212) 485-6055 snaifeh@demos.org ksadasivan@demos.org mgalindo@demos.org egordonmarvin@demos.org

JUDITH A. BROWNE DIANIS* GILDA DANIELS* JESS UNGER* SHARION SCOTT* Advancement Project National Office 1220 L Street N.W., Suite 850 Washington, D.C. 20005 (202) 728-9557 jbrowne@advancementproject.org gdaniels@advancementproject.org junger@advancementproject.org sscott@advancementproject.org
KIRA ROMERO-CRAFT (FL SBN 49927) LatinoJustice PRLDEF 523 West Colonial Drive Orlando, Florida 32804 (321) 418-6354 kromero@latinojustice.org

FRANCISCA FAJANA* JACKSON CHIN* LatinoJustice PRLDEF 475 Riverside Drive, Suite 1901
10

Case 1:20-cv-00067-RH-GRJ Document 16 Filed 03/17/20 Page 16 of 16
New York, NY 10115 (212) 739-7572 ffajana@latinojustice.org jchin@latinojustice.org Attorneys for Plaintiffs *Application for admission pro hac vice forthcoming CERTIFICATE OF WORD COUNT Pursuant to Northern District of Florida Local Rule 7.1(F), I certify that, according to the word count of the word processing system used to prepare this document, the foregoing memorandum contains 2,872 words.
/s/ Kira Romero-Craft Kira Romero-Craft
11

 
 Case 1:20-cv-00067-RH-GRJ Document 18 Filed 03/18/20 Page 1 of 4 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

ACACIA WILLIAMS et al.,

Plaintiffs,

v.

CASE NO. 1:20cv67-RH-GRJ

RON DESANTIS et al.,

Defendants.

___________________________________________________/

ORDER DENYING THE RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER, DENYING IN PART THE MOTION FOR A PRELIMINARY INJUNCTION, AND SETTING A SCHEDULE

The plaintiffs moved for a temporary restraining order or preliminary injunction. The order of March 17 denied a temporary restraining order and left pending the motion for a preliminary injunction. The plaintiffs have filed a second motion for temporary restraining order.
As set out in the March 17 order, a temporary restraining order or preliminary injunction cannot be entered when it would be adverse to the public interest. On the specific facts of this case, it would be adverse to the public interest to enter a temporary restraining order or preliminary injunction blocking the

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Secretary of State and Supervisors of Elections from processing the results of the March 17 presidential primary in accordance with the governing Florida statutes. This order denies the second motion for a temporary restraining order and denies the motion for a preliminary injunction except to the extent that it applies to future elections. The order sets the schedule for further proceedings.
IT IS ORDERED: 1. The second motion for a temporary restraining order, ECF No. 16, is denied. 2. The motion for a preliminary injunction, ECF No. 4, is denied with respect to the March 17 presidential primary and remains pending with respect to future elections. 3. The deadline for the Federal Rule of Civil Procedure 26(f) attorney conference is April 6, 2020. At the conference, the attorneys must address the schedule for the remaining part of the preliminary-injunction motion, whether a hearing on that motion should be consolidated with the trial on the merits under Rule 65(a)(2), and the matters set out in Rules 16(b)(3)(A), 16(b)(3)(B), 16(c)(2), 26(f)(2), and 26(f)(3). Discovery may begin after the attorney conference or, if both sides agree, earlier.
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4. All conferences, proceedings, and discovery should be conducted electronically or remotely, when possible, to comply with best practices during the national healthcare emergency.
5. The deadline to file the Rule 26(f) report is April 13. The report must address the schedule for the remaining part of the preliminary-injunction motion, whether a hearing on the motion should be consolidated with the trial on the merits, and the matters set out in Rules 16(b)(3)(A), 26(f)(2), and 26(f)(3). The report may address any other scheduling or case-management issue.
6. Unless a change is agreed to by all parties and set out in the Rule 26(f) report, or a change is ordered by the court, these are the deadlines for Rule 26 disclosures:
(1) for 26(a)(1) disclosures, 14 days after the 26(f) attorney conference; (2) for 26(a)(2) disclosures, the deadlines set out in Rule 26(a)(2)(D); (3) for 26(a)(3) disclosures, the deadline set in an order for pretrial
conference to be entered later or, if no such order is entered, the deadline set out in Rule 26(a)(3)(B). 7. The deadline for the defendants to respond to the remaining part of the preliminary-injunction motion, ECF No. 4, is extended to April 20, 2020. 8. Absent good cause set out in the 26(f) report, the discovery deadline will be June 5, 2020, and a consolidated hearing on the preliminary-injunction motion
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will occur during the two-week period that begins on July 20, 2020. These dates will be moved earlier if all parties so request. The parties should not request a delay of these dates except for good cause. The national healthcare emergency is good cause only in the unlikely event that proceedings cannot be conducted in a manner consistent with best practices.
9. Based on the plaintiff Terriayna Spillman’s notice of voluntary dismissal, ECF No. 17, the complaint is deemed amended to delete her claims. See Perry v. Schumacher Grp. Of La., 891 F.3d 954 (11th Cir. 2018).
SO ORDERED on March 18, 2020. s/Robert L. Hinkle United States District Judge
Case No. 1:20cv67-RH-GRJ