JACOBSON et al v. DETZNER
| NANCY CAROLA JACOBSON, TERENCE FLEMING, SUSAN BOTTCHER, PRIORITIES USA, DNC SERVICES CORPORATION / DEMOCRATIC NATIONAL COMMITTEE, DSCC, DCCC, DEMOCRATIC GOVERNORS ASSOCIATION and DEMOCRATIC LEGISLATIVE CAMPAIGN COMMITTEE |
| KENNETH DETZNER |
| NATIONAL REPUBLICAN SENATORIAL COMMITTEE and REPUBLICAN GOVERNORS ASSOCIATION |
| 4:2018cv00262 |
| May 24, 2018 |
| US District Court for the Northern District of Florida |
| Tallahassee Office |
| Alachua |
| MARK E WALKER |
| CHARLES A STAMPELOS |
| Voting |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
202
FINAL ORDER FOLLOWING BENCH TRIAL. The Clerk shall enter judgment stating: "This Court hereby DECLARES that the ballot order scheme described in section 101.151(3)(a), Florida Statutes, violates Plaintiffs' rights under the First and Fourteenth Amendments of the United States Constitution. This Court GRANTS Plaintiffs' request for a permanent injunction. Pursuant to the Secretary of State's responsibility for "general supervision and administration o f the elections laws," § 15.13, Fla. Stat. (2019), and her authority to "[o]btain and maintain uniformity in the interpretation and implementation of the elections laws," § 97.012(1), Fla. Stat. (2019), and pursuant to Federa l Rule of Civil Procedure 65(d)(2)(C), neither Defendant Lee, her successors in office, deputies, officers, employees, agents, nor any other person in active participation or concert with Defendant Lee shall enforce, nor permit enforcement of, the ba llot order scheme described in section 101.151(3)(a), Florida Statutes. Defendant Lee and her successors in office, as well as her deputies, officers, employees, agents, and any other person in active participation and concert with Defendant Lee shal l take all practicable measures within the scope of their official authority to ensure compliance with the terms of this Order. From the date of this Order forward, no ballot shall issue which is organized pursuant to the ballot order scheme descri bed in section 101.151(3)(a), Florida Statutes. No supervisor of elections of any Florida county, nor their successors in office, deputies, officers, employees, agents, nor designees, shall issue any ballot which is organized pursuant to the ballot o rder scheme described in section 101.151(3)(a), Florida Statutes." Within fourteen days after the issuance of this Order, Defendant Lee shall provide written guidance to the supervisors of elections of Florida's counties informing them t hat this Court has declared the ballot order scheme described in section 101.151(3)(a), Florida Statutes, unconstitutional. Once Defendant Lee has provided said written guidance to the supervisors of elections, Defendant Lee shall file a notice of compliance in this Court within twenty-one days after issuance of this order. Pursuant to this Court's authority to monitor the status of its injunction, when the State of Florida adopts a new permanent ballot order scheme to replace the ballot order scheme described in section 101.151(3)(a), Florida Statutes, Defendant Lee shall file a notice in this Court informing this Court that the State of Florida has done so, and shall append thereto a copy of the final text of the ballot order scheme adopted. The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/15/2019. (kjw) Notice of Compliance by Defendant Lee to be filed by 12/6/2019.
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