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RESOLUTION OF CLAIMS AND AFFIRMATION OF 

PRINCIPLES FOR NOVEMBER 2020 GENERAL ELECTION

WHEREAS, the Parties believe that a free and fair election remains vital to the wellbeing of our Republic;

WHEREAS, the Parties believe that the accessibility and integrity of an election are 

equally important;

WHEREAS, the Parties seek to avoid litigation whenever possible; 

WHEREAS, on June 17, 2020, Governor DeSantis issued Executive Order 20-149 

concerning the Primary and General Elections in 2020; 

WHEREAS, section 1 of Executive Order 20-149 suspends the application of section 

101.68(2)(a) of the Florida Statutes to the extent that provision prohibits the canvassing of voteby-mail ballots earlier than 7am on the 22nd day before the election;

WHEREAS, section 1 of Executive Order 20-149 has the effect of allowing the 

canvassing of vote-by-mail ballots upon the completion of logic and accuracy testing of 

tabulation machines and equipment under section 101.5612(2) of the Florida Statutes;

WHEREAS, section 2 of Chapter 2020-109 of the Laws of Florida amends section 

101.5612(2) of the Florida Statutes to allow for logic and accuracy testing 25 days prior to the 

commencement of early voting instead of 10 days prior the commencement of early voting;

WHEREAS, section 2 of Chapter 2020-109 became effective on June 27, 2020; and

WHEREAS, the Parties seek to supplement the work already being done by the 

Secretary of State and other election officials throughout the State.

NOW, THEREFORE, THE PARTIES agree as follows:

1. The Secretary of State (“Secretary”) shall hold at least one workshop with the 

State’s Supervisors of Elections (“Supervisors”) before the November 2020 General Election to:

a. Educate the Supervisors on the use of pre-paid postage for vote-by-mail ballots, 

encouraging them to work with the U.S. Postal Service on the use of first-class 

mail for the delivery and return of vote-by-mail ballots, and encouraging the 

Supervisors to use intelligent mail bar codes to track their vote-by-mail ballots;

b. Educate the Supervisors on the use of Coronavirus Aid, Relief, and Economic 

Security (“CARES”) Act funds for pre-paid postage and voter accessibility issues;

c. Educate the Supervisors on the use of CARES Act funds (and other available 

resources) to better comply with the Centers for Disease Control and Prevention’s 

(“CDC”) recommendations for election polling locations; 

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d. Educate the Supervisors on the acquisition and use of any new voter accessibility 

technologies approved or conditionally approved by the Secretary, organizing 

with the Supervisors and funding strategic tests of available accessibility 

technology for the August 18, 2020 Primary; 

e. Encourage the Supervisors to maximize the use of drop boxes for vote-by-mail 

ballots consistent with Florida law; 

f. Encourage the Supervisors to inform voters about the availability of drop boxes 

for vote-by-mail ballots; 

g. Encourage the Supervisors to use their websites and other platforms to make voteby-mail ballots request forms and ballots themselves available in Spanish; and

h. Encourage the Supervisors to use the maximum number of early voting days 

available to them so, under Executive Order 20-149, they can avail themselves of 

additional canvassing days and maximize the availability of mandatory drop 

boxes for vote-by-mail ballots. 

The workshop(s) conducted under paragraph 1 shall comply with the requirements of Rule 28-

102.001 of the Florida Administrative Code, i.e., the time and place of any workshop(s) shall be 

noticed.

2. The Secretary shall develop a one-page document for use by Supervisors in 

counties without pre-paid postage. Using CARES Act funding, or other resources available to 

them, the affected Supervisors can use the one-page document to inform voters that if the voters

cannot afford return postage for their ballots, then they can return the vote-by-mail ballot at drop 

boxes the Supervisor maintains or at the Supervisor’s Office. The one-page document shall also 

direct voters to call their Supervisor for additional return options. Consistent with U.S. Postal

Service Policy, the Secretary shall direct Supervisors to instruct voters who call seeking 

additional delivery options as follows: (a) If you cannot afford a stamp, then you can still place 

your vote-by-mail ballot in the mail for delivery because the U.S. Postal Service treats such 

ballots as first class mail. (b) If you do not feel confident that your vote-by-mail ballot will 

arrive at the Supervisor’s Office before 7pm on Election Day, then you can drop off your ballot 

at the Supervisor’s Office (or at an available drop box location).

3. Before the November 2020 General Election, the Secretary shall undertake a 

social media or other public relation campaign to inform voters of the three available options to 

vote in Florida: (1) vote-by-mail, (2) early in-person voting, and (3) in-person Election Day 

voting. The campaign shall include messaging on the Secretary’s website sharing best practices 

for voters to follow for vote-by-mail (e.g., mailing a ballot with sufficient time for it to reach the 

Supervisor) and in-person voting (e.g., following CDC recommendations). The campaign shall 

also highlight safeguards designed to protect the integrity of Florida elections. The Secretary 

shall undertake efforts to promote voting options to college-age voters, communities of color, 

and seniors (e.g., those in senior living facilities, nursing homes, and assisted living facilities) in 

the formats available to her (e.g., Zoom, social media, or in-person). The campaign shall be 

consistent with the State’s obligations under section 203 of the Voting Rights Act. 

4. Consistent with her obligations under the multistate partnership called Electronic 

Registration Information Center (“ERIC”), the Secretary commits to contacting eligible but unCase 4:20-cv-00236-RH-MJF Document 601-1 Filed 07/20/20 Page 2 of 5
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registered Floridians through the ERIC postcard. The Secretary’s outreach through the ERIC 

postcard shall invite these Floridians to register to vote and inform them of the available methods 

of voting in Florida. The postcards shall comply with the State’s obligations under section 203 

of the Voting Rights Act. 

5. The Secretary shall consider in good faith improvements to the State’s On-line 

Voter Registration System during the two available maintenance windows before the November 

2020 General Elections. These efforts shall remain mindful of the technological constraints on 

the system and the need to minimize any downtime for the system before the November 2020 

General Election. After the November 2020 General Election, but before December 31, 2021, 

the Secretary shall hold a workshop to solicit ideas and information intended to improve the 

system. The workshop(s) conducted under this paragraph shall comply with the requirements of 

Rule 28-102.001 of the Florida Administrative Code, i.e., the time and place of any workshop(s) 

shall be noticed.

6. Before the November 2020 General Election, the Secretary shall organize a 

tabletop exercise to discuss scenarios she believes merit discussion. The exercise shall include 

state and local elections officials, a representative from both major political parties, law 

enforcement partners, and other officials (such as emergency management personnel) whose 

input the Secretary believes would benefit the group. The goal of the exercise shall be to identify 

and then share best management practices with elections officials statewide. 

7. Within 3 days of the execution of this document, the Plaintiffs in Nielsen v. 

DeSantis, Case No. 4:20-cv-236-RH and Dream Defenders v. DeSantis, Case No. 1:20-cv-67-

RH shall dismiss their claims with prejudice with the exception of claim 14 in the Dream 

Defender Plaintiffs’ more definite statement (ECF No. 108, Case No. 1:20-cv-67-RH). The 

Dream Defender Plaintiffs shall dismiss claim 14 with prejudice as to the State-level Defendants 

within 3 days of the execution of this document; they shall dismiss claim 14 without prejudice 

within 3 days of the execution of this document as to the other Defendants. The Plaintiffs’ 

failure to take the actions required under this section 7 will serve to invalidate this agreement. 

8. All Parties are responsible for their own attorney’s fees and costs.

Dated: July 19, 2020

List of Signatories Follows

***

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For the Nielsen Plaintiffs 

/s/ John Devaney_______________

John Devaney 

PERKINS COIE LLP

700 Thirteenth St., N.W., Suite 800 

Washington, DC 20005-3960

(202) 654-6200 devaney@perkinscoie.com 

For the Dream Defenders Plaintiffs 

/s/ Stuart C. Naifeh________________

Stuart C. Naifeh 

DEMOS 

80 Broad St, 4th Floor 

New York, NY 10004 

(212) 485-6055 

snaifeh@demos.org 

For State Defendants

(Secretary of State, Attorney General,

and Members of Florida Election 

Canvassing Commission)

/s/ Bradley R. McVay__________

Bradley R. McVay (FBN 79034)

General Counsel, Florida Department of State

500 South Bronough Street,

Tallahassee, FL 32399

(850) 245-6536 

brad.mcvay@dos.myflorida.com

/s/ Jeffrey DeSousa______________

Jeffrey Paul DeSousa

Florida Bar No. 110951

Office of the Attorney General

The Capitol, PL-01

Tallahassee, Florida 32399

(850) 414-3300

Jeffrey.desousa@myfloridalegal.com

/s/ Mohammad O. Jazil__________

Mohammad O. Jazil (FBN 72556)

HOPPING GREEN AND SAMS, P.A.

119 South Monroe Street, Suite 300

Tallahassee, FL 32301

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(850) 222-7500

mjazil@hgslaw.com

For Republican Party Defendant Intervenors

s/ Benjamin J. Gibson__________

Benjamin J. Gibson

SHUTTS AND BOWEN, LLP

Fla. Bar No. 058661

215 South Monroe Street, Suite 804

Tallahassee, FL 32301

(850) 241-1717

bgibson@shutts.com

/s/ Jason Torchinsky

Jason Torchinsky

HOLTZMAN VOGEL JOSEFIAK TORCHINSKY, PLLC

2300 N. Street N.W., Suite 643A

Washington, D.C. 20037

(202) 737-8808

jtorchinsky@hvjt.law

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