UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

KIRK NIELSEN, et al.,

Plaintiffs,

CONSOLIDATED 

v. Case No.: 4:20-cv-00236-RH-MJF

RON DESANTIS, in his official

Capacity as Florida Governor, et al.,

Defendants.

__________________________________/

MARK F. NEGLEY’S MOTION TO CLARIFY

OR AMEND JULY 6, 2020 ORDER [418]

Defendant, MARK F. NEGLEY, Supervisor of Elections for DeSoto County, 

pursuant to Fed. R. Civ. P. 60, moves the Court to clarify or amend its Order 

Narrowing the § 203 Claim [ECF No. 418] granting summary judgment in favor of 

the Supervisors of Elections of Broward, Hardee, Hendry, Lee, Osceola, and Polk 

Counties on the following grounds:

1. On May 27, 2020, Defendant Supervisors of Elections for Broward, 

Charlotte, Clay, Collier, Duval, Indian River, Lake, Lee, Leon, Manatee, Marion, 

Martin, Monroe, Osceola, Pasco, Polk, and St. Lucie Counties filed their Motion for 

Partial Summary Judgment [ECF No. 78] as to Count V of the Williams/Dream 

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Defenders Plaintiffs’ Second Amended Complaint [ECF No. 44-1].1 Count V alleges 

a violation of Section 203 of the Voting Rights Act. 

2. Defendant Supervisors of Elections for Broward, Lee, Polk, and 

Osceola Counties filed Declarations attached to the Motion for Partial Summary 

Judgment [ECF No. 78] stating all registration and voting notices, forms, 

instructions, assistance or other materials or information relating to the electoral 

process, including ballots, are provided in Spanish as well as English. [ECF No. 78]. 

See Order Narrowing the § 203 Claim, ECF No. 418, pg. 3. 

3. On June 4, 2020, Six Supervisors of Elections filed a Notice of Joinder 

in the Motion for Partial Summary Judgment as to Count V of the Dream Defenders

Second Amended Complaint (ECF No. 181), including the Supervisors of Elections 

for both Hardee and Hendry Counties, which are covered under Section 203. 

4. The Supervisor of Elections for Hardee County and Hendry County 

filed declarations attesting their office provides election materials and information 

in both English and Spanish, as Section 203 requires. ECF No. 181 – Ex. A; ECF 

No. 181 – Ex. B.

5. On June 22, 2020, the Dream Defenders Plaintiffs filed a 

Memorandum of Law in Opposition to Motion for Summary Judgment [ECF No. 

 1 The Williams Plaintiffs later filed a Third Amended Complaint which did not alter the 203 

claims. [ECF No. 341-1].

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313], agreeing their Complaint did not assert a claim under Section 203 against the 

Florida counties not designated by the Census Bureau as covered under the statute. 

6. On July 3, 2020, before this Court’s July 6, 2020 Order, MARK F. 

NEGLEY, Supervisor of Elections for DeSoto County, filed a Notice of Joinder in 

the Motion for Partial Summary Judgment as to Count V of the Dream Defenders 

Complaint [ECF No. 377]. Attached to the Notice of Joinder was a sworn declaration 

attesting that DeSoto County provides election materials and information in Spanish 

as well as English, as Section 203 requires. ECF No. 377 – Ex. A. 

7. On July 6, the Court entered its Order Narrowing the § 203 Claim [ECF 

No. 418]. In its order, the Court granted summary judgment as to the Section 203 

claims for Broward, Hardee, Hendry, Lee, Osceola, and Polk Counties on the basis 

that the Supervisors of those respective counties had filed declarations showing they 

provided all materials identified in the more definite statement in Spanish as well as 

English. 

8. The Court allowed the § 203 claim to remain pending against DeSoto 

County, and noted in its Order that DeSoto County “did not file a declaration.” 

Order p. 3. Supervisor of Elections Mark F. Negley’s declaration was filed on July 

3, 2020. Rather than filing a separate summary judgment/trial brief by the July 3, 

2020 court deadline, the DeSoto County Supervisor of Elections elected to file a 

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joinder in the 17 Supervisors’ Motion for Partial Summary Judgment [ECF No. 78] 

which at the time, had not yet received a ruling. 

9. Fed. R. Civ. P. 60 allows for relief from orders under such 

circumstances, to wit: Subpart (a) allows for corrections by “mistake arising from 

oversight or omission”; Subpart (b)(1) allows relief from an order for reasons of 

“mistake, inadvertence, or excusable neglect”; and Subpart (b)(6) allows for relief 

for “any other reason that justifies relief.”

10. The DeSoto County Supervisor of Elections requests that the Court 

clarify or amend its Order Narrowing the § 203 Claim [ECF No. 418] to 

acknowledge Mark F. Negley’s filed declaration attesting DeSoto County provides 

election materials and information in Spanish as well as English as Section 203 

requires, and grant summary judgment as to the § 203 claim in favor of DeSoto 

County. 

11. The granting of this motion will serve the cause of judicial efficiency 

by eliminating an issue for argument at trial on July 20, 2020, while also providing 

consistency for the Court’s Order granting summary judgment as to the counties 

covered under § 203 who submitted declarations of compliance to the Court. 

Conference with Opposing Counsel

Counsel for the DeSoto Supervisor conferred with all attorneys including 

Stuart Naifeh, counsel for Williams’ plaintiffs. Mr. Naifeh advised that his clients 

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oppose the relief requested and would request the opportunity to respond to Mr. 

Negley’s joinder filing. Due to the short time frames in this case, the undersigned 

has elected to file this motion. 

/s/ Susan S. Erdelyi

Susan S. Erdelyi

Florida Bar No.: 0648965

E. Paul Cuffe

Florida Bar No.: 1018521

MARKS GRAY, P.A.

1200 Riverplace Blvd., Suite 800

Jacksonville, Florida 32207

Telephone: (904) 398-0900

Facsimile: (904) 399-8440

serdelyi@marksgray.com

asherman@marksgray.com 

pcuffe@marksgray.com

jmcduffie@marksgray.com

Attorneys for Defendants, Supervisors 

of Elections for Baker, Bay, Bradford,

Calhoun, Columbia, Desoto, Dixie, 

Franklin, Gadsden, Hamilton, Jackson,

Lafayette, Liberty, Nassau, Putnam, 

Santa Rosa, St. Johns, Sumter, Suwannee, 

Taylor, Union, Wakulla, Walton, and 

Washington Counties

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CERTIFICATE OF SERVICE

I CERTIFY that on this 8th day of July, 2020, a copy of the foregoing was 

served on all counsel of record through the Court’s CM/ECF Notice of Electronic 

Filing System. 

/s/ Susan S. Erdelyi

Susan S. Erdelyi

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 7.1(F) of the Local Rules of the Northern District of Florida, I 

certify that the foregoing Motion contains 1,021 words. 

/s/ Susan S. Erdelyi

Susan S. Erdelyi

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