CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/19/2023 1

A Consent Decree on Overseas Voting 

in Federal Elections Trumps State Law 

Harris v. Florida Elections Canvassing Commission 

(4:00-cv-453) and Medina v. Florida Election Canvassing 

Commission (4:00-cv-459) (Maurice M. Paul, N.D. Fla.) 

Two removed cases challenged the validity of absentee ballots received from overseas voters after the date of a presidential election. 

Although one complaint had been amended before removal to omit 

federal claims, the district judge found that a well-pleaded complaint 

would have included federal issues. The judge found that a consent 

decree in previous federal litigation nullified the state’s requirement 

that overseas ballots be received by election day in federal elections. 

The court of appeals affirmed this decision. 

Subject: Absentee and early voting. Topics: Absentee ballots; 

enforcing orders; removal; matters for state courts; case assignment; 

recusal. 

[T]he overseas absentee votes received after November 7th resulted in a net 

gain to Bush/Cheney of 739 votes. Additionally, the parties agreed that the 

certified difference between the two candidates in the state as a whole was 

537 votes, in favor of Bush/Cheney. Thus, if all the overseas absentee votes 

received after November 7th were excluded, the result would be that 

Gore/Lieberman would have an advantage over Bush/Cheney of 202 votes 

(not considering, of course, the outcomes of the myriad other [lawsuits] 

pending around the state and federal systems).1

Florida’s governor removed to the Northern District of Florida on December 4, 2000, a November 30 action filed in Leon County’s state court to contest 

the counting of absentee ballots cast by overseas voters and received after 7:00 

p.m. on the day of the November 7 presidential election.2

The court assigned the case to Judge William Stafford, who recused himself, so the court reassigned the case to Judge Maurice M. Paul.3

 Judge Paul 

ordered briefing by 9:00 a.m. on December 5 on whether removal was proper 

in light of an amended complaint filed in state court an hour or so before the 

case was removed.4

 The amended complaint alleged violations of state law 

1. Harris v. Fla. Elections Canvassing Comm’n, 122 F. Supp. 2d 1317, 1320 (N.D. Fla. 

2000). 

2. Notice of Removal, Harris v. Fla. Elections Canvassing Comm’n, No. 4:00-cv-453 (N.D. 

Fla. Dec. 4, 2000), D.E. 1 (noting filing at 1:41 a.m.); Harris, 122 F. Supp. 2d at 1318; see Shana 

Gruskin, Absentee Ballot Lawsuits Pile Up, Ft. Lauderdale Sun-Sentinel, Dec. 1, 2000, at 17A. 

3. Order, Harris, No. 4:00-cv-453 (N.D. Fla. Dec. 4, 2000), D.E. 3. 

Judge Paul died on December 29, 2016. Federal Judicial Center Biographical Directory of 

Article III Federal Judges, www.fjc.gov/history/judges. 

4. Order, Harris, No. 4:00-cv-453 (N.D. Fla. Dec. 4, 2000), D.E. 4 (noting that an amended 

complaint was filed in state court at 7:48 a.m., the notice of removal was filed in state court at 

9:33 a.m., and the notice of removal was filed in federal court at 10:41 a.m.); Harris, 122 F. 

Supp. 2d at 1319. 
A Consent Decree on Overseas Voting in Federal Elections Trumps State Law 

2 Federal Judicial Center 8/19/2023 

only.5 Also on December 5, the governor filed the required notice that all other 

defendants—state and county election officials and the Republican nominees—consented to removal.6

 Judge Paul forgave the tardy filing of this notice.7

Following a December 6 hearing,8

 Judge Paul decided that removal was 

proper because “the plaintiffs in this case have artfully pled their case to avoid 

the obviously federal character of the issues they claim.”9

 Anticipating the arrival of a related removed case, Judge Paul scheduled a second hearing for December 7.10 Indeed, on December 6, state election officials removed a second 

and similar Leon County action.11

On December 9, Judge Paul determined that a consent decree arising from 

litigation in the 1980s protected overseas voters’ federal rights to participate in 

federal elections by overriding Florida’s election statutes on when overseas absentee ballots had to be received.12 Judge Paul denied a motion by an Alabama 

lawyer to file an amicus curiae brief.13

The court of appeals affirmed Judge Paul’s ruling on December 11,14 and 

the Supreme Court denied the plaintiffs a writ of certiorari on January 5, 

2001.15

5. Harris, 122 F. Supp. 2d at 1318. 

6. Docket Sheet, Harris, No. 4:00-cv-453 (N.D. Fla. Dec. 4, 2000) (D.E. 9). 

7. Harris, 122 F. Supp. 2d at 1318–19 n.1; see John Sevigny, Gore Banking on Twin Trials, 

Tallahassee Democrat, Dec. 6, 2000, at A1. 

8. Minutes, Harris, No. 4:00-cv-453 (N.D. Fla. Dec. 7, 2000), D.E. 28 [hereinafter Harris

Minutes]. 

9. Harris, 122 F. Supp. 2d at 1319 n.2; see Harris v. Fla. Elections Comm’n, 235 F.3d 578, 

579 (11th Cir. 2000) (“the state defendants were being sued to stop them from complying with 

. . . the order of a federal court”); see also Karla Schuster, Ballot Suit Moves to Federal Court, 

Ft. Lauderdale Sun-Sentinel, Dec. 7, 2000, at 2A. 

10. Harris, 122 F. Supp. 2d at 1319; Transcript, Harris, No. 4:00-cv-453 (N.D. Fla. Dec. 7, 

2000, filed Dec. 11, 2000), D.E. 10; Harris Minutes, supra note 8; see Linda Kleindienst & Karla 

Schuster, Bush, Gore Teams Put Through Paces, Ft. Lauderdale Sun-Sentinel, Dec. 8, 2000, at 

1A. 

11. Notice of Removal, Medina v. Fla. Election Canvassing Comm’n, No. 4:00-cv-459 

(N.D. Fla. Dec. 6, 2000), D.E. 1. 

12. Harris, 122 F. Supp. 2d at 1321–25. See generally Robert Timothy Reagan, Overseas 

Voting: The Uniformed and Overseas Citizens Absentee Voting Act (Federal Judicial Center 

2016). 

13. Harris Minutes, supra note 8; see Amicus Motion, Harris, No. 4:00-cv-453 (N.D. Fla. 

Dec. 5, 2000), D.E. 13. 

14. Harris, 235 F.3d 578. 

15. Harris v. Fla. Elections Canvassing Comm’n, 531 U.S. 1062 (2001).