Florida Democrats Seek to Block Part of New Elections Law
U.S. District Judge Kathleen Williams will consider a challenge by the Florida Democratic Party to part of a new elections law dealing with canvassing boards.
October 20, 2022 at 02:47 PM
4 minute read
A federal judge will hear arguments next week in a challenge by the Florida Democratic Party to part of a new elections law dealing with canvassing boards.
The Democratic Party and two Miami-Dade County attorneys filed a lawsuit Monday seeking to block a change that they say could prevent volunteers from sharing information from canvassing-board meetings.
The lawsuit contends that the change, part of a broader elections law that the Legislature passed in March, violates First Amendment and due-process rights and threatens criminal penalties that could inhibit monitoring of the activities of canvassing boards.
"Broadly prohibiting authorized observers from sharing their observations, including with the political parties or campaigns they are volunteering for, raises serious First Amendment concerns," said the lawsuit, filed in federal court in Miami.
U.S. District Judge Kathleen Williams has scheduled a hearing Monday to consider a request by the Democratic Party and attorneys Jane Moscowitz and JC Planas for a preliminary injunction. Moscowitz and Planas, a former state House member, attend canvassing board meetings and volunteer for the Democratic Party, according to the lawsuit.
The lawsuit names as defendants Secretary of State Cord Byrd and Attorney General Ashley Moody. Williams set a Thursday deadline for Byrd and Moody to file a brief.
The issue in the case deals, at least in part, with vote-by-mail ballots, which county canvassing boards can review before Election Day. Political parties, campaigns and organizations often send volunteers to canvassing-board meetings to watch how laws and procedures are being applied.
Many canvassing boards were scheduled to start meeting this week to review ballots in advance of the Nov. 8 election, according to a preliminary-injunction motion filed with the lawsuit.
The new elections law (SB 524) drew heavy debate during this year's legislative session because of issues such as the creation of a state Office of Election Crimes and Security to investigate allegations of wrongdoing. But the issue involving canvassing boards drew little public attention.
Election officials have long been barred from releasing results before polls close on Election Day. But the lawsuit centers on a change that said any elections official "or other person authorized to observe, review, or inspect ballot materials or observe canvassing who releases any information about votes cast for or against any candidate or ballot measure or any the results of any election" before polls close commits a third-degree felony.
The lawsuit contends that the change is vague and "chills core First Amendment activity" of observers who report back to political parties or other organizations about actions taken by canvassing boards.
"Political parties, campaigns and other organizations routinely send people — often volunteers — to county canvassing boards to observe the canvassing of elections," the lawsuit said. "These volunteers have traditionally reported back to their volunteer groups engaged in voter protection or election oversight, political parties, campaigns or organizations. These reports are integral to the prevention of wrongful voter disenfranchisement and to ensure that elections are run freely, fairly and in accordance with law."
As an example, the lawsuit said, "a campaign or party may have a legitimate interest in keeping track of the number of times a canvassing board determines that a ballot bearing some marking near the name of its candidate does or does not constitute a valid vote for that candidate or that candidate's opponents. Likewise, a campaign or party may have a legitimate interest in monitoring whether canvassing boards' applications of the voter intent standards are being applied in a fair and uniform manner, both within a single county and across different counties."
Jim Saunders reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMorgan & Morgan Sues Law Firm, Managing Partner for Violating Settlement Over Misleading Ads
3 minute readJudge Gives Green Light to Bal Harbour Developer in Legal Dispute
11th Circuit Rejects Private School's Religious Rights Claim When Stopped From Broadcasting Public Prayer
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250