IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

AUGUSTA SANDINO CHRISTIAN

NAMPHY, DREAM DEFENDERS,

NEW FLORIDA MAJORITY,

ORGANIZE FLORIDA, and

FLORIDA IMMIGRANT

COALITION,

Plaintiffs,

v. Case No.: 4:20cv485-MW/MAF

RON DESANTIS, in his official

Capacity as Governor of the State 

of Florida, and LAUREL M. LEE,

in her official capacity as Florida

Secretary of State,

Defendants.

_________________________/

ORDER DENYING IN PART MOTION 

FOR TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION

Plaintiffs have filed their Motion for Temporary Restraining Order and 

Preliminary Injunction. ECF No. 3. Plaintiffs allege that for a few hours on October 

5, 2020, Florida’s online voter registration system crashed. This crash effectively 

prevented potential unregistered voters from submitting their voter registration 

applications prior to the midnight deadline. Plaintiffs assert that around noon on 

October 6, 2020, Defendants extended the voter registration deadline until 7:00 p.m., 

October 6, 2020. Plaintiffs seek a temporary restraining order and preliminary 

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injunction1 enjoining Defendants from enforcing the October 5, 2020 voter 

registration deadline set forth in section 97.055, Florida Statutes, and the extended 

October 6, 2020, 7:00 p.m., voter registration deadline set forth in the Secretary’s 

Directive 2020-02. Plaintiffs ask this Court to enjoin Defendants to accept voter 

registration applications submitted via the Florida online voter registration system 

by 11:59 p.m. on the second day after issuance of a temporary restraining order. 

Under Rule of Civil Procedure 65(b)(1)(A), a court may issue a temporary 

restraining order only if “specific facts in an affidavit or a verified complaint clearly 

show that immediate and irreparable injury, loss or damage will result to the movant 

before the adverse party can be heard in opposition.” For a plaintiff to be entitled to 

a temporary restraining order, it must show “(1) a substantial likelihood of success 

on the merits; (2) that irreparable injury will be suffered if the relief is not granted; 

(3) that the threatened injury outweighs the harm the relief would inflict on the 

[defendants]; and (4) that entry of the relief would serve the public interest.” Schiavo 

ex rel. Schindler v. Schiavo, 403 F. 3d 1223, 1225-26 (11th Cir. 2005). While all of 

these elements must be established, none is controlling. 

Here, Plaintiffs have failed to show that an immediate and irreparable injury 

will result before Defendants can be heard in opposition. Florida has already 

1 By separate order, ECF No. 4, this Court has set an emergency telephone conference 

regarding Plaintiffs’ request for preliminary injunction.

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extended, albeit for a short time, the voter registration deadline to 7:00 p.m. on 

October 6, 2020. This deadline could be further extended again after notice and an 

opportunity to be heard if further relief is warranted. Accordingly, Plaintiffs’ Motion 

for Temporary Restraining Order and Preliminary Injunction, ECF No. 3, is 

DENIED in part as to the request for a temporary restraining order and taken 

under advisement as to the request for preliminary injunction. 

SO ORDERED on October 6, 2020.

s/ MARK E. WALKER

Chief United States District Judge

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