1

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.

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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.4It 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-theharmful-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/wuhancoronavirus-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,

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and three Floridians have died.13 Florida Department of Education Commissioner 

Richard Corcoran has urged school districts statewide to keep schools closed for 

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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-providesrecommendations-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-ourability-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-suspendinggatherings-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).
20

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.
21

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.
22

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 
23

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 
24

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. 
25

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.
26

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 
27

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.
28

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).
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