UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

THE INDEPENDENT PARTY OF 

FLORIDA and THE PARTY FOR 

SOCIALISM AND LIBERATION,

Plaintiffs, CASE NO: 4:20-cv-00110-MW-CAS

v.

LAUREL M. LEE, Florida 

Secretary of State, in her official capacity,

Defendant.

_____________________________________/

SECRETARY’S SUPPLEMENTAL BRIEF ON STANDING

Defendant, Florida Secretary of State Laurel M. Lee, responds to this 

Court’s Order Requiring Supplemental Briefing (DE 21). This Court’s Order 

required supplemental briefing “that addresses the issue of whether, in light of 

Jacobson, [Plaintiffs] have standing” and “specifically address[es] the issue of 

whether their injury is traceable and redressable by Defendant [Secretary].” (DE 

21). 

Plaintiffs are minor political parties in Florida seeking access to its 2020 

General Election Ballot for president. Minor political parties can access Florida’s 

General Election Ballot and consequently have their presidential candidate’s names 

printed thereon by either: 1) affiliation with a national party; or, 2) by petitions 

signed by one percent (1%) of the state’s electors (132,781). See Fla. Stat. § 

Case 4:20-cv-00110-MW-MAF Document 29 Filed 05/21/20 Page 1 of 4
103.021(4)(a) (affiliation) and (b) (petition). Plaintiffs challenge each of these 

alternative ballot access methods. (DE 1, ¶¶ 28-31 (Count I) and ¶¶ 32-35 (Count 

II)). The Secretary is the head of the Department of State, which is specifically 

tasked by the challenged statutory provisions as minor parties’ qualifying officer 

for election to the Office of President and Vice President. Fla. Stat. § 103.021(4); 

Fla. Stat. § 20.10. 

As to the national affiliation method, a minor party that is so affiliated 

“fil[es] with the Department of State a certificate naming [its] candidates for 

President and Vice President and listing the required number of persons to serve as 

electors” by September 1 of the election year. Fla. Stat. § 103.021(4)(a). The 

“Department of State” then “shall order the names of the candidates [so] 

nominated” and “shall permit the ... persons to be certified as electors...” Id. 

As to the petition method, a minor party that is not affiliated with a national 

party submits petitions “signed by 1 percent of the registered electors of this state, 

as shown by” the Department’s compilation, to the respective supervisors of 

elections no later than July 15 of the election year. Fla. Stat. § 103.021(4)(b). The 

supervisors certify the number of signatories shown to be registered electors and 

then “shall forward the certificate to the Department of State, which shall 

determine whether or not the percentage ... has been met.” Id. If it has been met, 

Case 4:20-cv-00110-MW-MAF Document 29 Filed 05/21/20 Page 2 of 4
“the Department of State shall order the names of the candidates ... to be included 

on the ballot” and “shall permit the ... persons to be certified as electors...” Id. 

The Secretary is therefore the proper party to defend the constitutionality of 

these access methods from attack. This is unlike Jacobson where the voters 

dictated the ballot order in partisan races based on the proceeding gubernatorial 

election and the supervisors of elections had a duty wholly independent of the 

Secretary to comply with the relevant statute in printing their respective ballots, 

and the relief sought would have necessarily enjoined the supervisors of election 

(not parties to the case) from ordering ballots consistent with the statute. See 

Jacobson v. Lee, Case No. 19-14552, Slip Op. at 24-30 (11th Cir. Apr. 29, 2020).

Respectfully submitted,

/s/ Ashley E. Davis

BRADLEY R. MCVAY (FBN 79034)

General Counsel

brad.mcvay@dos.myflorida.com

ASHLEY E. DAVIS (FBN 48032)

Deputy General Counsel

ashley.davis@dos.myflorida.com

candice.edwards@dos.myflorida.com

COLLEEN E. O’BRIEN (FBN 76578)

Assistant General Counsel

colleen.obrien@dos.myflorida.com

FLORIDA DEPARTMENT OF STATE

R.A. Gray Building, Suite 100

500 South Bronough Street

Tallahassee, Florida 32399-0250

Phone: (850) 245-6536

Fax: (850) 245-6127

Counsel for Secretary of State

Case 4:20-cv-00110-MW-MAF Document 29 Filed 05/21/20 Page 3 of 4
CERTIFICATE OF COMPLIANCE

Pursuant to Local Rule 7.1(F), the undersigned certifies that this filing 

contains 567 words according to the word-processing system used to prepare it, 

excluding portions that do not count toward the limit. This filing also conforms to 

the format requirements of Local Rule 5.1(C).

/s/ Ashley E. Davis

ATTORNEY

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served 

to all counsel of record through the Court’s CM/ECF system on this 21st day of May 

2020.

/s/ Ashley E. Davis

ATTORNEY

Case 4:20-cv-00110-MW-MAF Document 29 Filed 05/21/20 Page 4 of 4