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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.

_____________________________________/

DECLARATION OF MARIA MATTHEWS

I, Maria Matthews, according to 28 U.S.C. § 1746, hereby state:

1. My name is Maria Matthews. I am over 18 years of age, am competent 

to testify, and declare the following facts based on my own personal knowledge. 

2. I have served as the Director of the Division of Elections of the Florida 

Secretary of State for over 7 years. As Director, my role includes providing

statewide coordination, supervision, and direction of elections in Florida. Before 

serving as Division Director, I was an Assistant General Counsel for 8 years, 

providing advice and guidance to the Division of Elections. 

3. The State of Florida has an important interest in requiring minor 

parties to show a significant modicum of support, either statewide or nationally, 

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before placing the presidential (and vice presidential) candidates of those parties on 

our ballot. 

4. The provisions at issue provide alternative and reasonable methods of 

access for minor parties with a significant modicum of support to place their 

presidential candidates on the ballot, while simultaneously furthering the State’s 

interests. In each presidential election since 2000, many minor parties have 

accessed the State’s presidential ballot, in addition to major parties, and nonpartisan and write-in candidates. 

5. In my experience as Director of the Division of Elections, it is not 

uncommon for people to equate “independent” with no party affiliation. Voters

too, when registering to vote or updating their registration, often write 

“independent” as their party affiliation when they actually intend to not be 

affiliated with any party. These voters only notice they have been registered as 

members of the “Independent Party of Florida” when they get their voter 

information card, if they notice at all. 

6. Supervisors of Election experience this same sentiment from voters, 

as discussed during an August 6, 2019, Rule 1S-2.040 rule development workshop 

on the voter registration form. 

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7. Based on this, I think it’s reasonable to conclude that some number of 

the Independent Party of Florida’s registered voters did not actually intend to 

become registered members of the Independent Party of Florida.

8. The State has a strong interest in an orderly and successful conduct of 

elections. Part of that is ensuring that there is finality and certainty in the electoral 

process. The State’s stated interest above encompasses minimizing voter 

confusion that arises from when one or more minor party candidates are 

preliminarily placed on the ballot, only to be removed based on subsequent appeal, 

from the ballot during critical voting period, particularly when voting has begun 

which can start as early as 45 days before an election. Depending on the timing of 

the removal of a candidate or candidates’ names, voters will and have called and 

emailed the Department and Supervisors of Elections’ office with concerns and 

frustration. They want to know why a candidate’s name still appears on the ballot 

if removed, whether they got the wrong or a flawed ballot, and/or or whether they 

will have another opportunity to vote even they have already cast a vote for a 

candidate who is now “removed” from the ballot.

9. Furthermore, the State’s stated interest encompasses ensuring the 

integrity and accuracy of the ballot preparation and process at the local level. The 

Supervisors of Election diligently and methodically create and test the ballot layout 

before printing. However, each new or unexpected change increases the risk of 

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error in layout and therefore accuracy. Re-doing the ballot takes time and careful 

consideration from officials who are already challenged with fulfilling a complex 

panoply of election administrative duties within very prescribed timeframes.

10. In the last qualifying period (for U.S. Representative, judicial, state 

attorney, and public defender candidates ending on April 24, 2020), see sections 

99.061 and 105.031, Florida Statutes, 32 candidates qualified by the petition 

method. 

I say nothing further. 

On May _____ 2020, pursuant to 28 U.S.C. § 1746, I declare under penalty 

of perjury the foregoing is true and correct: 

/s/

Maria Matthews 

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