CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/16/2023 1

Early-Voting Locations in Volusia County 

NAACP v. Lowe (G. Kendall Sharp, M.D. Fla. 6:04-cv-1469) 

On October 7, 2004, African American voters filed a federal action 

complaining that the county’s only early-voting location was not 

convenient for African American voters on the county’s east side. 

On the following day, the plaintiffs filed a motion for a preliminary 

injunction and expedited discovery, and the district judge set a 

hearing on the motion for eleven days later. Before the hearing occurred, however, the county agreed to open additional early-voting 

locations, so the parties stipulated dismissal of the action. The judge 

ruled that no more than one location was legally required, but the 

opening of additional sites mooted the case. 

Subject: Absentee and early voting. Topics: Poll locations; early 

voting. 

The Volusia County branch of the NAACP and three Volusia County African American voters filed a federal complaint on October 7, 2004, in the 

Middle District of Florida’s Orlando courthouse against Volusia County’s 

supervisor of elections, complaining that the county had opened an earlyvoting site only on the county’s west side, which was too inconvenient for the 

Daytona Beach African American voters on the east side.1 On the following 

day, the plaintiffs filed a motion for a preliminary injunction and expedited 

consideration.2

 That day, Judge G. Kendall Sharp set a hearing on the motion 

for the morning of October 19.3

By October 12, Volusia County had agreed to open additional earlyvoting locations, including two in Daytona Beach,4

 so the parties stipulated 

dismissal of the action on October 15.5

 On October 19, Judge Sharp ruled 

that the county was only required to open a single early-voting site at the de1. Complaint, NAACP v. Lowe, No. 6:04-cv-1469 (M.D. Fla. Oct. 7, 2004), D.E. 1; see

Kevin P. Connolly, Suit Aims for Early-Voting Site in Daytona Beach, Orlando Sentinel, Oct. 

8, 2004, at B1; James Miller, Volusia Sued Over Vote Sites, Daytona News-J., Oct. 8, 2004, at 

1A. 

2. Motion, NAACP, No. 6:04-cv-1469 (M.D. Fla. Oct. 8, 2004), D.E. 2. 

3. Amended Notice, id. (Oct. 12, 2004), D.E. 4 (granting each side one hour); Notice, id.

(Oct. 8, 2004), D.E. 3 (granting each side thirty minutes); see James Miller, Judge Sets Hearing Date for Suit on Early Voting, Daytona News-J., Oct. 9, 2004, at 1C (noting that early 

voting was to begin on the day before the hearing). 

Judge Sharp died on March 24, 2022. Federal Judicial Center Biographical Directory of 

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

4. See Kevin P. Connolly, Volusia Changes Tune on Voting Sites, Orlando Sentinel, Oct. 

13, 2004, at B1; James Miller, 3 More Locations for Early Voting Set, Daytona News-J., Oct. 

13, 2004, at 1A; Volusia Will Add 3 Election Sites, Miami Herald, Oct. 14, 2004, at 8B; see also

James Miller, Early-Voting Option Explored, Daytona News-J., Oct. 12, 2004, at 1A (reporting on the county’s developing plans to open additional sites if the court ordered it to do so). 

5. Stipulation, NAACP, No. 6:04-cv-1469 (M.D. Fla. Oct. 15, 2004), D.E. 5; see NAACP 

Settles Early-Voting Site Dispute, Orlando Sentinel, Oct. 16, 2004, at B3; NAACP Settles Suit, 

Daytona News-J., Oct. 16, 2004, at 1C. 
Early-Voting Locations in Volusia County 

2 Federal Judicial Center 8/16/2023 

partment of elections’ main office, but that it was free to open additional 

sites, and its promise to open additional sites in Daytona Beach mooted the 

case.6

6. Order, NAACP, No. 6:04-cv-1469 (M.D. Fla. Oct. 19, 2004), D.E. 6.