UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

KIRK NIELSEN, MORGAN 

OUTLAW, REVEL LUBIN, FELICIA 

BRUCE, BARBARA DEVANE, RAY 

DAVIS, DONESA JACKSON, 

ALIANZA FOR PROGRESS, INC., 

FLORIDA ALLIANCE FOR 

RETIRED AMERICANS, INC. and 

PRIORITIES USA, 

Plaintiffs,

v.

RON DESANTIS, in his official 

capacity as Florida Governor, et al.,

Defendants.

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

NOTICE OF FILING EXHIBITS IN SUPPORT OF PLAINTIFFS’ 

MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs Kirk Nielsen, Morgan Outlaw, Revel Lubin, Felicia Bruce, 

Barbara DeVane, Ray Davis, Donesa Jackson, Alianza for Progress, Inc., Florida 

Alliance for Retired Americans, Inc., and Priorities USA, hereby submit the 

following exhibits, copies of which are attached to this notice, in support of 

Plaintiffs’ forthcoming Motion for Preliminary Injunction and Incorporated 

Memorandum of Law:

1. Exhibit 1 is a true and correct copy of the expert report of Dr. Michael C. 

Herron of Dartmouth University, dated May 27, 2020. 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 1 of 13
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2. Exhibit 2 is a true and correct copy of the expert report of Dr. Robert Ball of 

the Medical University of South Carolina, dated May 27, 2020.

3. Exhibit 3 is the declaration of Kirk Nielsen, dated May 19, 2020. 

4. Exhibit 4 is the declaration of Morgan Outlaw, dated May 21, 2020. 

5. Exhibit 5 is the declaration of Donesa Jackson, dated May 19, 2020. 

6. Exhibit 6 is the declaration of Felicia Bruce, dated May 18, 2020. 

7. Exhibit 7 is the declaration of Ray Davis, dated May 19, 2020. 

8. Exhibit 8 is the declaration of Barbara DeVane, dated May 18, 2020

9. Exhibit 9 is the declaration of Caleb Liberman, dated May 14, 2020.

10. Exhibit 10 is the declaration of Gabrielle Biggs, dated May 19, 2020. 

11. Exhibit 11 is the declaration of Kathlyn Paez, dated May 15, 2020. 

12. Exhibit 12 is the declaration of Kathleen Werthman, dated May 20, 2020. 

13. Exhibit 13 is the declaration of George Steven Werthman, dated May 20, 

2020.

14. Exhibit 14 is the declaration of Reverend Jose Rodriguez-Sanjurjo, dated 

May 26, 2020.

15. Exhibit 15 is the declaration of Marcos Vilar, the Executive Director of 

Alianza for Progress, dated May 26, 2020. 

16. Exhibit 16 is the declaration of Guy Cecil, the Chairman of Priorities USA, 

dated May 25, 2020. 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 2 of 13
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17. Exhibit 17 is the declaration of William Sauers, President of the Florida 

Alliance for Retired Americans, dated May 18, 2020. 

18. Exhibit 18 is the declaration of Ion Sancho, former Supervisor of Elections 

for Leon County, dated May 27, 2020. 

19. Exhibit 19 is the declaration of Revel Lubin, dated May 27, 2020. 

20. Exhibit 20 is the declaration of Florida State Senator Gary Farmer, dated 

May 27, 2020. 

21. Exhibit 21 is a true and correct copy of the news release entitled, “Florida 

Department of Health Updates New COVID-19 Cases, Announces Fifteen 

Deaths Related to COVID-19.” The release was published by the Florida 

Department of Health on May 25, 2020, and is publicly available at: 

http://www.floridahealth.gov/newsroom/2020/05/052520-1427-

covid19.pr.html.

22. Exhibit 22 is a true and correct copy of the article entitled, “She had 

COVID-19 when she died and it was overlooked. Is Florida undercounting 

the dead?” The article was published by the Tampa Bay Times on May 13, 

2020, and is publicly available at: https://www.tampabay.com/news/health

/2020/05/13/she-had-covid-19-when-she-died-and-it-was-overlooked-isflorida-undercounting-the-dead/.

23. Exhibit 23 is a true and correct copy of an article entitled, “U.S. Virus Plan 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 3 of 13
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Anticipates 18-Month Pandemic and Widespread Shortages.” The article 

was published by the New York Times on March 17, 2020 and is publicly 

available at: https://www.nytimes.com/2020/03/17/us/politics/trumpcoronavirus-plan.html?referringSource=articleShare. 

24. Exhibit 24 is a true and correct copy of a report from scientists at the 

Imperial College COVID-19 Response Team. The report was published on 

March 16, 2020, and is publicly available at: 

https://www.imperial.ac.uk/media/ imperial-college/medicine/sph/ide/gidafellowships/Imperial-College-COVID19-NPI-modelling-16-03-2020.pdf. 

25. Exhibit 25 is a true and correct copy of the article entitled, “CDC director 

warns second wave of coronavirus is likely to be even more devastating.” 

The article was published by the Washington Post on April 21, 2020 and is 

publicly available at: https://www.washingtonpost.com/health/

2020/04/21/coronavirus-secondwave-cdcdirector/. 

26. Exhibit 26 is a true and correct copy of the article entitled, “Rural Florida 

county worries about reopening as coronavirus cases spike at nursing home.” 

The article was published by the Washington Post on May 14, 2020 and is 

publicly available at: https://www.washingtonpost.com/national/ruralflorida-county-worries-about-reopening-as-coronavirus-cases-spike-atnursing-home/2020/05/14/306c4cc4-938c-11ea-91d7-

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 4 of 13
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cf4423d47683_story.html.

27. Exhibit 27 is a true and correct copy of the April 7, 2020 letter from the 

President of the Florida Supervisors of Elections to Governor Ron DeSantis. 

The letter is publicly available at: https://www.myfloridaelections.com

/portals/fsase/Documents/Public%20Policy/FSE%20Recommendations%20

%20COVID-19.pdf.

28. Exhibit 28 is a true and correct copy of the article entitled, “Poll workers not 

showing up in Palm Beach County.” The article was published by the 

Associated Press on March 17, 2020, and is publicly available at: 

https://floridapolitics.com/archives/323817-poll-workers-not-showing-up-inpalm-beach-county. 

29. Exhibit 29 is a true and correct copy of the article entitled, “Two Broward 

poll workers, including one who handled voters’ driver licenses, test positive 

for coronavirus.” The article was published by The Sun Sentinel on March 

26, 2020, and is publicly available at: https://www.sunsentinel.com/coronavirus/fl-ne-broward-elections-poll-workers-coronavirus20200326-wmgy775dvjc5jis2oagxlpmule-story.html. 

30. Exhibit 30 is a true and correct copy of CDC guidance entitled, 

“Recommendations for Election Polling Locations.” The guidance was 

published by the Centers for Disease Control and Prevention on March 27, 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 5 of 13
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2020, and is publicly available at: https://www.cdc.gov/coronavirus/2019-

ncov/community/election-polling-locations.html.

31. Exhibit 31 is a true and correct copy of the article entitled, “Florida election 

supervisors make urgent plea for help to make 2020 voting safe.” The article 

was published by The Sun Sentinel on May 13, 2020, and is publicly 

available at: https://www.sun-sentinel.com/coronavirus/fl-ne-floridacoronavirus-elecion-preparations-democrats-desantis-20200513-

pnkqjqgamvhwdcmt 6sgl6sdv3e-story.html.

32. Exhibit 32 is a true and correct copy of the May 15, 2020 letter from 

Secretary of State Laurel Lee to the Election Assistance Commission 

requesting funds under the CARES Act. The letter is publicly available at: 

https://www.eac.gov/sites/default/files/paymentgrants/cares/FL_CARES_Di

sbursement_RequestLetter.pdf. 

33. Exhibit 33 is a true and correct copy of the article entitled “Central Florida 

supervisors of elections prepare for increase in mail-in ballots, sanitizing 

efforts.” The article was published by WFTV News on May 7, 2020, and is 

publicly available at https://www.wftv.com/news/local/central-floridasupervisors-elections-prepare-increase-mail-in-ballots-sanitizing-effortsupcoming-elections/N726RO7LKREGLONOYVRYQN33GA/.

34. Exhibit 34 is a true and correct copy of the article entitled, “Mail voting 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 6 of 13
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expected to ‘explode’ in Florida as coronavirus reshapes 2020 elections.” 

The article was published by the Miami Herald on April 22, 2020, and is 

publicly available at: https://www.miamiherald.com/news/politicsgovernment/article 242180901.html.

35. Exhibit 35 is a true and correct copy of a record obtained in a public records 

request from Escambia County, Florida.

36. Exhibit 36 is a true and correct copy of an excerpt of a record obtained in a 

public records request from Citrus County, Florida. 

37. Exhibit 37 is a true and correct copy of a record obtained in a public records 

request from Clay County, Florida.

38. Exhibit 38 is a true and correct copy of the article entitled, “Florida voters 

facing a long, long ballot in November.” The article was published by the 

Tampa Bay Times on October 10, 2012, and is publicly available at: 

https://www.tampabay.com/news/localgovernment/florida-voters-facing-along-long-ballot-in-november/1250664/. 

39. Exhibit 39 a true and correct copy of an excerpt from the report entitled, 

“Millennials and the Mail.” The report was published by the Office of the 

Inspector General of the United States Postal Service on July 30, 2018, and a 

full copy of the report is publicly available at: 

https://www.oversight.gov/sites/default/files/oig-reports/RARC-WP-18-

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 7 of 13
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011.pdf.

40. Exhibit 40 is a true and correct copy of a webpage from the online United 

States Postal Service store, last accessed on May 26, 2020, and which is 

publicly available at: https://store.usps.com/store/product/buy-stamps/letscelebrate-S_572504.

41. Exhibit 41 is a true and correct copy of the article entitled, “222,000 people 

filed jobless claims in Florida last week as total approaches 2 million.” The 

article was published by the Miami Herald on May 14, 2020, and is publicly 

available at: https://www.miamiherald.com/news/business/article2427

25431.html.

42. Exhibit 42 is a true and correct copy of the Florida Senate Bill Analysis and 

Fiscal Impact Statement of SB 7066. The Bill Analysis was published on 

April 22, 2019, and is publicly available at: 

https://www.flsenate.gov/Session

/Bill/2019/7066/Analyses/2019s07066.pre.rc.PDF. 

43. Exhibit 43 is a true and correct copy of the report entitled, “State and Local 

Election Mail: User’s Guide 2020.” The report was published by the United 

States Postal Service in January 2020 and is publicly available at: 

https://about.usps.com/publications/pub632.pdf.

44. Exhibit 44 is a true and correct copy of the Pinellas County Supervisor of 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 8 of 13
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Election’s website. The page was last accessed on May 26, 2020, and is 

publicly available at: https://www.votepinellas.com/Mail-Ballots/FAQsVoting-By-Mail. 

45. Exhibit 45 is a true and correct copy of a record obtained in a public records 

request from Collier County. 

46. Exhibit 46 is a true and correct copy of the homepage of the website of the 

Citrus County Supervisor of Elections Office, which was last accessed on 

May 26, 2020, and is publicly available at: https://www.votecitrus.com/.

47. Exhibit 47 is a true and correct copy of the St. Lucie County Supervisor of 

Election’s website. The page was last accessed on May 26, 2020 and is 

publicly available at: https://www.slcelections.com/VOTE-BYMAIL/Absentee-Request-Form-Lookup/Vote-By-Mail. 

48. Exhibit 48 is a true and correct copy of a communication obtained in a 

public records request from Miami Dade County, Florida. 

49. Exhibit 49 is a true and correct copy of a record obtained in a public records 

request from St. Lucie County, Florida. 

50. Exhibit 50 is a true and correct copy of the article entitled, “Coronavirus Is 

Threatening One of Government’s Steadiest Services: The Mail.” The article 

was published by the New York Times on April 9, 2020, and is publicly 

available at: https://www.nytimes.com/2020/04/09/us/politics/coronavirusCase 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 9 of 13
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is-threatening-one-of-governments-steadiest-services-the-mail.html. 

51. Exhibit 51 is a true and correct copy of the April 9, 2020 letter from 

Senators Ron Johnson and Tammy Baldwin to the Inspector General of the 

United States Postal Service. The letter is publicly available at: 

https://www.ronjohnson.senate.gov/public/_cache/files/9485956c-0c16-

4f38-9be0-f8d45e926aac/baldwin-johnson-letter-to-usps-ig-on-wisconsinabsentee-ballots.pdf.

52. Exhibit 52 is a true and correct copy of the April 23, 2020 Letter from Ohio 

Secretary of State Frank LaRose to Ohio’s congressional delegation. The 

letter is publicly available at: https://www.ohiosos.gov/globalassets/mediacenter/news/2020/2020-04-24.pdf.

53. Exhibit 53 is a true and correct copy of an excerpt from a presentation 

entitled, “Selected Topics and Recent Changes to Florida’s Election Code.” 

The presentation was given by the Florida Secretary of State’s Office in May 

2014 and a fully copy of the presentation is publicly available at: 

https://www.myfloridaelections.com/portals/fsase/documents/2014.FSASESummer.Selected-Law-Provisions.pdf.

54. Exhibit 54 is a true and correct copy of the U.S. Election Assistance 

Commission’s website which was last accessed on May 20, 2020, and is 

publicly available at: https://www.eac.gov/election-officials/guidance-useCase 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 10 of 13
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hava-funds-expenses-related-covid-19.

55. Exhibit 55 is a true and correct copy of the news release entitled, “U.S. 

Postal Service Reports Fiscal Year 2017 Results.” The release was published 

by the United States Postal Service on November 14, 2017, and is publicly 

available at: https://about.usps.com/news/nationalreleases/2017/pr17_069.htm.

56. Exhibit 56 is a true and correct copy of the press release entitled, 

“Postmaster General statement on U.S. Postal Service stimulus needs.” The 

release was published by the United States Postal Service on April 10, 2020, 

and is publicly available at: 

https://about.usps.com/newsroom/statements/041020-pmg-statement-onusps-stimulus-needs.htm. 

57. Exhibit 57 is a true and correct copy of the Findings of Fact, Conclusions of 

Law, and Order in Minnesota v. Thao, 62-CR-18-927 (Minn. Dist. Ct. Oct. 

23, 2018). 

58. Exhibit 58 is a true and correct copy of the Findings of Fact, Conclusions of 

Law, Memorandum, and Order Granting Plaintiffs’ Motion for a Preliminary 

Injunction in Driscoll et al. v. Stapleton, No. DV-20-408 (Mt. D. Ct. May 

22, 2020). 

59. Exhibit 59 is a true and correct copy of an excerpt from the April 7, 2020 

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 11 of 13
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Absentee Voting Report published by the Wisconsin Election Commission 

on May 15, 2020. A full copy of the report is publicly available at: 

https://elections.wi.gov/sites/elections.wi.gov/files/2020-

05/April%202020%20Absentee%20Voting%20Report.pdf. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 27, 2020 I electronically filed the 

foregoing with the Clerk of the Court by using the CM/ECF system, which will 

send a notice of electronic filing to all counsel of record. 

Dated: May 27, 2020 By: /s/ Frederick S. Wermuth

Frederick S. Wermuth

Florida Bar No.: 0184111

KING, BLACKWELL, ZEHNDER

& WERMUTH, P.A.

P.O. Box 1631

Orlando, FL 32802-1631

Telephone: (407) 422-2472

Facsimile: (407) 648-0161

fwermuth@kbzwlaw.com 

Marc E. Elias

John Devaney

Amanda R. Callais*

Zachary J. Newkirk*

Christina A. Ford

PERKINS COIE LLP

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

Washington, D.C. 20005-3960

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 12 of 13
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Telephone: (202) 654-6200

Facsimile: (202) 654-9959

melias@perkinscoie.com

jdevaney@perkinscoie.com

acallais@perkinscoie.com

christinaford@perkinscoie.com

Lilian Timmermann**

PERKINS COIE LLP

1900 Sixteenth Street, Suite 1400

Denver, CO 80202

Telephone: (303) 291-2300

Facsimile: (303) 291-2400

ltimmermann@perkinscoie.com

Counsel for the Plaintiffs

* Pro hac Vice motion pending

** Pro Hac Vice motion forthcoming

Case 4:20-cv-00236-RH-MJF Document 88 Filed 05/27/20 Page 13 of 13