CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/23/2023 1

Clarifying a Voter-Registration Deadline 

Extension Because of a Hurricane 

Florida Democratic Party v. Detzner (4:18-cv-463) 

and New Florida Majority Education Fund v. Detzner 

(4:18-cv-466) (Robert L. Hinkle, N.D. Fla.) 

A secretary of state extended a voter-registration deadline to accommodate closed offices because of a hurricane on the last day of registration. A federal judge declined to extend the deadline further, but 

he did issue an order stating that the secretary’s extension must mean 

until the first day that all offices in a county were open following the 

deadline day if any of the county’s offices were closed for even part 

of the deadline day. 

Subject: Registration procedures. Topics: Registration 

procedures; case assignment. 

A political party filed a federal complaint in the Northern District of Florida 

on October 9, 2018, Florida’s voter-registration deadline for the 2018 general 

election, seeking more of an extension of the deadline than Florida’s secretary 

of state had provided to accommodate an approaching hurricane.1 On the next 

day, three organizations filed a federal complaint in the same district seeking 

similar relief.2 The organizations notified the court that their case was related 

to the political party’s case.3 Judge Mark E. Walker reassigned the second case 

to Judge Robert L. Hinkle, who had been assigned the first case.4

On the day before the deadline, noting that “thirty-five Florida counties 

are currently under a declared state of emergency due to the approach of Hurricane Michael,” the secretary authorized any elections office closed on October 9 “to accept paper voter registration applications for the 2018 General 

Election on the next day that his or her office is reopened. This will ensure that 

each Supervisor of Elections Office has the same amount of days to register 

voters at their offices.”5

With their complaints, the plaintiffs in both cases filed motions for temporary restraining orders.6

1. Complaint, Fla. Democratic Party v. Detzner, No. 4:18-cv-463 (N.D. Fla. Oct. 9, 2018), 

D.E. 1 [hereinafter Fla. Democratic Party Complaint]. 

2. Complaint, New Fla. Majority Educ. Fund v. Detzner, No. 4:18-cv-466 (N.D. Fla. Oct. 

10, 2018), D.E. 1. 

3. Notice of Related Case, id. (Oct. 10, 2018), D.E. 2. 

4. Reassignment Order, id. (Oct. 11, 2018), D.E. 6. 

5. Fla. Sec’y of State Directive 2018-03 (Oct. 8, 2018), www.flgov.com/wp-content/ 

uploads/2018/10/Directive-2018-03.pdf; see Fla. Democratic Party Complaint, supra note 1, 

at 9–10. 

6. Motion, New Fla. Majority Educ. Fund, No. 4:18-cv-466 (N.D. Fla. Oct. 10, 2018), D.E. 

3; Motion, Fla. Democratic Party, No. 4:18-cv-463 (N.D. Fla. Oct. 9, 2018), D.E. 3; see

Amended Motion, New Fla. Majority Educ. Fund, No. 4:18-cv-466 (N.D. Fla. Oct. 11, 2018), 

D.E. 4 (“Hurricane Michael made landfall in Florida the afternoon of October 10, 2018. It is 

reported that the entire Panhandle in Florida was affected.”). 
Clarifying a Voter-Registration Deadline Extension Because of a Hurricane 

2 Federal Judicial Center 8/23/2023 

On October 10, Judge Hinkle determined that the political party was not 

entitled to immediate relief “so long as the directive is properly understood.”7

First, what the directive “authorizes” must be understood by local election officials as a requirement.8

 Second, if any office in a county is closed for even 

part of the day on October 9, then registration applications must be accepted 

until the first day that all offices in the county are open for all regular hours of 

business.9 “If . . . a supervisor fails to heed the Secretary’s directive as properly 

understood, the Party of course may renew its motion for a temporary restraining order.”10

On October 16, Judge Hinkle consolidated the cases11 and applied the reasoning of his order in the first case to the second case.12

The cases were dismissed voluntarily in December.13

7. Injunction Order at 3, Fla. Democratic Party, No. 4:18-cv-463 (N.D. Fla. Oct. 10, 2018), 

D.E. 10 [hereinafter Fla. Democratic Party Injunction Order]; see Jim Saunders, Federal Judge 

Rules Against Extending Voter Registration, Ft. Lauderdale Sun-Sentinel, Oct. 12, 2018, at B1. 

8. Fla. Democratic Party Injunction Order, supra note 7, at 3. 

9. Id. at 3–4. 

10. Id. at 4. 

11. Order, Fla. Democratic Party, No. 4:18-cv-463 (N.D. Fla. Oct. 16, 2018), D.E. 12. 

12. Order, New Fla. Majority Educ. Fund v. Detzner, No. 4:18-cv-466 (N.D. Fla. Oct. 16, 

2018), D.E. 12. 

13. Dismissal Order, id. (Dec. 12, 2018), D.E. 19; Dismissal Order, Fla. Democratic Party, 

No. 4:18-cv-463 (N.D. Fla. Dec. 12, 2018), D.E. 18.