Case: League of Women Voters of Florida v. Browning

4:11-cv-00628 | U.S. District Court for the Northern District of Florida

Filed Date: Dec. 15, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 15, 2011, the League of Women Voters of Florida, Florida Public Interest Research Group Education Fund, and Rock the Vote brought this lawsuit in the District Court for the Northern District of Florida. They sued relevant Florida officials to prevent the enforcement of a Florida Statutes § 97.0575, as amended in 2011, and an implementing rule, Florida Administrative Code Rule 1S-2.042, which they claimed unconstitutionally and unlawfully burdens their efforts to encourage civil enga…

On December 15, 2011, the League of Women Voters of Florida, Florida Public Interest Research Group Education Fund, and Rock the Vote brought this lawsuit in the District Court for the Northern District of Florida. They sued relevant Florida officials to prevent the enforcement of a Florida Statutes § 97.0575, as amended in 2011, and an implementing rule, Florida Administrative Code Rule 1S-2.042, which they claimed unconstitutionally and unlawfully burdens their efforts to encourage civil engagement and democratic participation by assisting Florida citizens in registering to vote and exercising their fundamental right to vote. The plaintiffs had all conducted and wish to continue to conduct voter-registration drives in Florida. The statute and rule regulate organizations that conduct voter-registration drives.

Through their attorneys the Brennan Center for Justice at NYU School of Law, the plaintiffs alleged that the statutes violate the National Voter Registration Act of 1993, and their First and Fourteenth Amendment rights to freedom of speech and freedom of association. In their first amended complaint, the plaintiffs also alleged a violation of Section 2 of the Voting Rights Act.

On May 31, 2012, U.S. District Court Judge Robert Hinkle granted a preliminary injunction against enforcement of the statute. Judge Hinkle explained:

"Under the First and Fourteenth Amendments, an election-code provision of this kind must serve a legitimate purpose that is sufficient to warrant the burden it imposes on the right to vote. And under the National Voting Rights Act, an organization has a federal right to conduct a voter-registration drive, collect voter-registration applications, and mail in the applications to a state voter-registration office. But § 97.0575 and Rule 1S-2.042 severely restrict an organization's ability to do this. The statute and rule impose a harsh and impractical 48-hour deadline for an organization to deliver applications to a voterregistration office and effectively prohibit an organization from mailing applications in. And the statute and rule impose burdensome record-keeping and reporting requirements that serve little if any purpose, thus rendering them unconstitutional even to the extent they do not violate the NVRA."

The defendants filed an appeal to this order on July 2, 2012, but after the parties jointly moved for permanent injunction, the appeal was dismissed with prejudice. On August 30, 2012, Judge Hinkle granted the joint motion for permanent injunction, which enjoined the named Florida officials from taking any step to demand compliance with or enforce certain provisions of the statute in question. This case is closed.

Summary Authors

Margo Schlanger (5/31/2012)

Saeeda Joseph-Charles (12/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8380898/parties/league-of-women-voters-of-florida-v-browning/


Judge(s)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Atkins, Robert A. (New York)

Berse, Farrah Robyn (New York)

Coffey, Kendall Brindley (Florida)

Davis, Ashley E. (Florida)

Dietert, Zachary Alan (District of Columbia)

Ebenstein, Julie A. (Florida)

Kasdan, Diana (New York)

Marshall, Randall C (Florida)

Marziani, Mimi Murray Digby (Texas)

Judge(s)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Atkins, Robert A. (New York)

Berse, Farrah Robyn (New York)

Coffey, Kendall Brindley (Florida)

Davis, Ashley E. (Florida)

Dietert, Zachary Alan (District of Columbia)

Ebenstein, Julie A. (Florida)

Kasdan, Diana (New York)

Marshall, Randall C (Florida)

Marziani, Mimi Murray Digby (Texas)

Oh, Alex Young K. (District of Columbia)

Parent, Abigail Emily (Florida)

Rowland, Lee B. (New York)

Taylor, William J. Jr. (New York)

Weiser, Wendy R. (New York)

Attorneys(s) for Defendant

Nordby, Daniel E. (Florida)

Winship, Blaine H (Florida)

Other Attorney(s)

Rodriguez, Raquel Aurora (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 31, 2012 Docket
1

Complaint for Declaratory and Injunctive Relief

Dec. 15, 2011 Complaint
5

First Amended Complaint for Declaratory and Injunctive Relief

League of Women Voters v. Browning

Dec. 16, 2011 Complaint
8

Motion for Preliminary Injunction

Dec. 19, 2011 Pleading / Motion / Brief
58

Preliminary Injunction

863 F.Supp.2d 1155

May 31, 2012 Order/Opinion
79

Order Denying Leave to Intervene

League of Women Voters of Florida v. Detzner

283 F.R.D. 687

Aug. 6, 2012 Order/Opinion
83

Permanent Injunction and Order for Entry of Judgment

League of Women Voters of Florida v. Detzner

2012 WL 12810507

Aug. 30, 2012 Order/Opinion
84

Judgment

League of Women Voters of Florida v. Detzner

Aug. 31, 2012 Order/Opinion

Resources

Title Description External URL

League of Women Voters of Florida v. Browning

Brennan Center for Justice

On December 15, 2011, the League of Women Voters of Florida, Rock the Vote, and the Florida Public Interest Research Group Education Fund (“PIRG”) filed suit in federal court in Tallahassee challengi… Dec. 15, 2011 https://www.brennancenter.org/our-work/court-cases/league-women-voters-florida-v-browning-0

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8380898/league-of-women-voters-of-florida-v-browning/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 1129-2091415.), filed by LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE, FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND. (Attachments: # 1 Exhibit Summons Browning, # 2 Exhibit Summons Bondi, # 3 Exhibit Summons Salas) (COFFEY, KENDALL) (Entered: 12/15/2011)

1 Exhibit Summons Browning

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2 Exhibit Summons Bondi

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3 Exhibit Summons Salas

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Dec. 15, 2011 RECAP
2

CIVIL COVER SHEET. (COFFEY, KENDALL) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
3

Summons Issued as to PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (Attachments: # 1 Summons, # 2 Summons) (pll) (Entered: 12/16/2011)

1 Summons

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2 Summons

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Dec. 15, 2011 PACER
4

NOTICE of Appearance by RANDALL C MARSHALL on behalf of All Plaintiffs (MARSHALL, RANDALL) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
5

FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE, FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND. (Attachments: # 1 Exhibit Amended Summons Browning, # 2 Exhibit Amended Summons Bondi, # 3 Exhibit Amended Summons Salas) (COFFEY, KENDALL) (Entered: 12/16/2011)

1 Exhibit Amended Summons Browning

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2 Exhibit Amended Summons Bondi

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3 Exhibit Amended Summons Salas

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Dec. 16, 2011 RECAP
6

NOTICE of Appearance by JULIE A EBENSTEIN on behalf of All Plaintiffs (EBENSTEIN, JULIE) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
7

Summons Issued as to PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (Attachments: # 1 Summons, # 2 Summons) (pll) (Entered: 12/19/2011)

1 Summons

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2 Summons

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Dec. 19, 2011 PACER
8

MOTION for Preliminary Injunction by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Attachments: # 1 Text of Proposed Order) (COFFEY, KENDALL) (Entered: 12/19/2011)

1 Text of Proposed Order

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Dec. 19, 2011 PACER
9

MOTION for Leave to File Excess Pages by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Attachments: # 1 Exhibit Proposed Memorandum of Law, # 2 Text of Proposed Order) (COFFEY, KENDALL) (Entered: 12/19/2011)

1 Exhibit Proposed Memorandum of Law

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2 Text of Proposed Order

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Dec. 19, 2011 PACER
10

AFFIDAVIT re 8 MOTION for Preliminary Injunction Affidavit of Ben Wilcox by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
11

AFFIDAVIT re 8 MOTION for Preliminary Injunction Affidavit of Heather Smith by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
12

AFFIDAVIT re 8 MOTION for Preliminary Injunction Affidavit of Brad Ashwell by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
13

AFFIDAVIT re 8 MOTION for Preliminary Injunction Affidavit of Deirdre Mcnab by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
14

AFFIDAVIT re 8 MOTION for Preliminary Injunction Affidavit of Pamela Goodman by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
15

AMENDED DOCUMENT by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. Amendment to 14 Affidavit Corrected Certificate of Service. (COFFEY, KENDALL) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
16

DOCKET ANNOTATION BY COURT: Re 9 MOTION for Leave to File Excess Pages, 8 MOTION for Preliminary Injunction. **All proposed orders should be emailed to Judge Robert L. Hinkle: flnd_hinkle@flnd.uscourts.gov. This email address is not to be used for any correspondence other than proposed orders. Please note that proposed orders must be emailed as an attachment in a word processing format ONLY (no.pdf files for proposed orders please). (pll) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
17

ORDER INCREASING THE PAGE LIMIT FOR PRELIMINARY INJUNCTION MEMORANDA. Granting 9 Motion for Leave to File Excess Pages. Signed by JUDGE ROBERT L HINKLE on 12/20/11. (pll) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
18

ORDER SETTING RULE 26(f) DEADLINES AND DIRECTING THE CLERK TO SET A SCHEDULING CONFERENCE. ( Rule 26 Meeting Report due by 1/19/2012.) The clerk must set a scheduling conference for the first available date on or after January 26, 2012. Signed by JUDGE ROBERT L HINKLE on 12/20/11. (pll) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
19

NOTICE of Appearance by DANIEL ELDEN NORDBY on behalf of KURT S BROWNING, GISELA SALAS (NORDBY, DANIEL) (Entered: 12/22/2011)

Dec. 22, 2011 PACER
20

NOTICE of Appearance by ASHLEY E DAVIS on behalf of KURT S BROWNING, GISELA SALAS (DAVIS, ASHLEY) (Entered: 12/22/2011)

Dec. 22, 2011 PACER
21

NOTICE of Appearance by BLAINE H WINSHIP on behalf of PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS (WINSHIP, BLAINE) (Entered: 12/22/2011)

Dec. 22, 2011 PACER
22

INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 1/5/2012. Rule 26 Meeting Report due by 2/6/2012. Discovery due by 4/20/2012. Signed by JUDGE ROBERT L HINKLE on 12/22/2011. (erl) (Entered: 12/23/2011)

Dec. 22, 2011 PACER
23

AFFIDAVIT of Service for Summons in a Civil Action, Complaint with Exhibits and Amended Complaint with Exhibits served on Kurt S. Browning on 12-19-11, filed by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (PARENT, ABIGAIL) (Entered: 12/29/2011)

Dec. 29, 2011 PACER
24

AFFIDAVIT of Service for Summons in a Civil Action, Complaint with Exhibits and Amended Complaint with Exhibits served on Pamela J. Bondi on 12-19-11, filed by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (PARENT, ABIGAIL) (Entered: 12/29/2011)

Dec. 29, 2011 PACER
25

AFFIDAVIT of Service for Summons in a Civil Action, Complaint with Exhibits and Amended Complaint with Exhibits served on Gisela Salas on 12-19-11, filed by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (PARENT, ABIGAIL) (Entered: 12/29/2011)

Dec. 29, 2011 PACER

Set/Reset Deadlines: PAMELA JO BONDI answer due 1/9/2012; KURT S BROWNING answer due 1/9/2012; GISELA SALAS answer due 1/9/2012. (pll)

Dec. 29, 2011 PACER
26

NOTICE OF HEARING: Scheduling Conference set for 1/26/2012 03:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
27

NOTICE of Appearance by ABIGAIL EMILY PARENT on behalf of FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE (PARENT, ABIGAIL) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
28

Joint MOTION re 8 MOTION for Preliminary Injunction for Entry of Stipulated Scheduling Order and Plaintiffs' Unopposed Motion for Leave to File a Reply by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Attachments: # 1 Exhibit A) (PARENT, ABIGAIL) (Entered: 12/30/2011)

1 Exhibit A

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Dec. 30, 2011 PACER
29

SCHEDULING ORDER. GRANTING IN PART 28 Joint MOTION for Entry of Stipulated Scheduling Order and Plaintiffs' Unopposed Motion for Leave to File a Reply. The plaintiffs must file by /17/12, any declaration, exhibit, or other written evidence on which they will rely in support of their preliminary injunction motion, other than those already filed. But the plaintiffs may file by 2/14/12 an additional declaration, exhibit, or other written evidence if the need for it first becomes apparent as a result of the defendants response to the preliminary-injunction motion. The defendants must file by 1/24/12, their memorandum in opposition to the preliminary-injunction motion, and each declaration, exhibit, or other written evidence on which they will rely in opposition to the motion. But they may file by 2/21/12, an additional declaration, exhibit, or other written evidence if the need for it first becomes apparent as a result of the plaintiffs reply memorandum or accompanying evidence in support of the preliminary-injunction motion. The plaintiffs may file by 2/14/12, a reply memorandum in support of the preliminary-injunction motion. By separate notice, the clerk must set a preliminary-injunction hearing for 13/1/12, at noon. Each party must file by 2/24/12, a list of witnesses it will or may call for live testimony at the hearing. Signed by JUDGE ROBERT L HINKLE on 1/3/12. (pll) Modified on 1/5/2012 (pll). (Entered: 01/04/2012)

Jan. 3, 2012 PACER
30

Corporate Disclosure Statement/Certificate of Interested Persons by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (PARENT, ABIGAIL) (Entered: 01/05/2012)

Jan. 5, 2012 RECAP
31

ORDER SETTING DISCOVERY PROCEDURES ON THE PRELIMINARY-INJUNCTION MOTION AND EXTENDING THE DEADLINE FOR RESPONDING TO THE AMENDED COMPLAINT re 29 Order. Signed by JUDGE ROBERT L HINKLE on 1/6/12. (pll) (Entered: 01/06/2012)

Jan. 6, 2012 PACER
32

NOTICE OF CANCELLATION OF HEARING: Scheduling Conference set for 1/26/2012 03:00 PM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE has been canceled. (erl) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
33

NOTICE of Hearing on 8 MOTION for Preliminary Injunction : Preliminary Injunction Hearing set for 3/1/2012 12:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
34

NOTICE of Appearance by ZACHARY ALAN DIETERT on behalf of FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE (DIETERT, ZACHARY) (Entered: 01/16/2012)

Jan. 16, 2012 PACER
35

NOTICE / Declaration of Zachary A. Dietert in Support of Plaintiffs' Motion for Preliminary Injunction by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (DIETERT, ZACHARY) (Entered: 01/16/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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Jan. 16, 2012 PACER
36

DOCKET ANNOTATION BY COURT Re 35 Notice (Other). **Five CD's of Original Record received and forwarded to chambers. (pll) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
37

REPORT of Rule 26(f) Planning Meeting. (DIETERT, ZACHARY) (Entered: 01/19/2012)

Jan. 19, 2012 PACER
38

SCHEDULING ORDER. This order sets the schedule that will apply unless modified at a scheduling conference that will be conducted on or at a date set on March 1, 2012, at the conclusion of the preliminary-injunction hearing. ( Dispositive Motions to be filed by 5/21/2012., Discovery due by 4/30/2012 or 60 days after the scheduling conference.). Signed by JUDGE ROBERT L HINKLE on 1/20/12. (pll) (Entered: 01/20/2012)

Jan. 20, 2012 PACER
39

MEMORANDUM in Opposition re 8 MOTION for Preliminary Injunction filed by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (Attachments: # 1 Affidavit Dr. Gisela Salas, # 2 Affidavit Dr. Gisela Salas) (WINSHIP, BLAINE) (Entered: 01/24/2012)

1 Affidavit Dr. Gisela Salas

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2 Affidavit Dr. Gisela Salas

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Jan. 24, 2012 PACER
40

NOTICE of Appearance by LEE BERKLEY ROWLAND on behalf of All Plaintiffs (ROWLAND, LEE) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
41

NOTICE of Appearance by DIANA KASDAN on behalf of All Plaintiffs (KASDAN, DIANA) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
42

NOTICE of Appearance by MIMI MURRAY DIGBY MARZIANI on behalf of All Plaintiffs (MARZIANI, MIMI) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
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NOTICE of Appearance by FARRAH ROBYN BERSE on behalf of FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE (BERSE, FARRAH) (Entered: 01/31/2012)

Jan. 31, 2012 PACER
44

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Attachments: # 1 Declaration of Farrah R. Berse, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration of Deirdre Macnab, # 7 Declaration of Lisa Garcia Bedolla, # 8 Exhibit A, # 9 Affidavit of Cynthia Slater, # 10 Exhibit A) (BERSE, FARRAH) (Entered: 02/14/2012)

1 Declaration of Farrah R. Berse

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Declaration of Deirdre Macnab

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7 Declaration of Lisa Garcia Bedolla

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8 Exhibit A

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9 Affidavit of Cynthia Slater

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10 Exhibit A

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Feb. 14, 2012 PACER
45

NOTICE of Filing Additional Written Evidence by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS (Attachments: # 1 Exhibit) (DAVIS, ASHLEY) (Entered: 02/21/2012)

1 Exhibit

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Feb. 21, 2012 PACER
46

Joint MOTION for Extension of Time to File Witness Lists by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (DAVIS, ASHLEY) (Entered: 02/22/2012)

Feb. 22, 2012 PACER
47

ORDER EXTENDING THE DEADLINE FOR WITNESS LISTS. GRANTING 46 Joint MOTION for Extension of Time to File Witness Lists. ( Witness List due by 2/28/2012.). Signed by JUDGE ROBERT L HINKLE on 2/23/12. (pll) (Entered: 02/24/2012)

Feb. 23, 2012 PACER
48

Witness List by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (DAVIS, ASHLEY) (Entered: 02/28/2012)

Feb. 28, 2012 PACER
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Witness List by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (BERSE, FARRAH) (Entered: 02/28/2012)

Feb. 28, 2012 PACER
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Minute Entry for proceedings held before JUDGE ROBERT L HINKLE:Motion Hearing held on 3/1/2012 re 8 MOTION for Preliminary Injunction . A ruling will be forthcoming in an order. (Court Reporter Judy Nolton) (erl) (Entered: 03/01/2012)

March 1, 2012 PACER
51

NOTICE / Joint Submission of Additional Evidence Concerning Plaintiffs' Preliminary Injunction Motion by PAMELA JO BONDI, KURT S BROWNING, FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE, GISELA SALAS re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BERSE, FARRAH) (Entered: 03/02/2012)

1 Exhibit A

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2 Exhibit B

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March 2, 2012 PACER
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 03/01/2012, before Judge ROBERT L. HINKLE. Court Reporter Judy A. Nolton, Telephone number 850-561-6822. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2012. Release of Transcript Restriction set for 6/12/2012. (jag) (Entered: 03/07/2012)

March 7, 2012 PACER
53

NOTICE of Appearance by WENDY ROBIN WEISER on behalf of All Plaintiffs (WEISER, WENDY) (Entered: 03/14/2012)

March 14, 2012 PACER
54

ADMINISTRATIVE ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE CHARLES A. STAMPELOS. MAGISTRATE JUDGE WILLIAM C. SHERRILL no longer assigned to case. Signed by CHIEF JUDGE M CASEY RODGERS on 4/2/2012. **Please use case number with new judge initials on all future filings: 4:11cv628-RH/CAS. (kjw) (Entered: 04/04/2012)

April 2, 2012 PACER
55

NOTICE of Supplemental Authority by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3) (BERSE, FARRAH) (Entered: 04/23/2012)

1 Exhibit A Part 1

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2 Exhibit A Part 2

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3 Exhibit A Part 3

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April 23, 2012 RECAP
56

REQUEST Telephonic Status Conference by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Attachments: # 1 Text of Proposed Order) (BERSE, FARRAH) (Entered: 05/16/2012)

1 Text of Proposed Order

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May 16, 2012 PACER
57

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 6/15/2012 02:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (888) 684-8852.Access Code: 8131706#Security Code: 0615# at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Kimberly Westphal at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kimberly WestphalDeputy Clerk (kjw) (Entered: 05/31/2012)

May 31, 2012 PACER
58

ORDER GRANTING A PRELIMINARY INJUNCTION. The plaintiffs motion for a preliminary injunction, ECF No. 8, is GRANTED IN PART. Signed by JUDGE ROBERT L HINKLE on 5/31/12. (pll) (Entered: 05/31/2012)

May 31, 2012 RECAP
59

DOCKET ANNOTATION BY COURT Re 58 Preliminary Injunction. Security in the amount of $500 has been posted. Receipt # 4-16163. (pll) (Entered: 06/04/2012)

June 4, 2012 PACER
60

Joint MOTION to Extend Time/ Reset Telephonic Scheduling Conference by PAMELA JO BONDI, KURT S BROWNING, FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE, GISELA SALAS. (DAVIS, ASHLEY) (Entered: 06/14/2012)

June 14, 2012 PACER
61

NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Scheduling Conference reset for 6/28/2012 11:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (888) 684-8852 Access Code: 8131706# Security Code: 0628# at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 06/15/2012)

June 15, 2012 PACER
62

ANSWER to 5 Amended Complaint, by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. (DAVIS, ASHLEY) (Entered: 06/20/2012)

June 20, 2012 PACER
63

First MOTION to Intervene by JOHN E WIGHTMAN, GUILLERMINA T MOORE, MARK E PIONESSA, GUILLERMINA C TARAFA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (RODRIGUEZ, RAQUEL) (Entered: 06/27/2012)

1 Exhibit 1

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2 Exhibit 2

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June 27, 2012 PACER
64

First MOTION to Expedite CONSIDERATION OF MOTION FOR PERMISSIVE INTERVENTION by GUILLERMINA T MOORE, MARK E PIONESSA, GUILLERMINA C TARAFA, JOHN E WIGHTMAN. (RODRIGUEZ, RAQUEL) (Entered: 06/27/2012)

June 27, 2012 PACER
65

NOTICE OF COMPLIANCE WITH N.D. FLA. LOC.R.7.1(B) by GUILLERMINA T MOORE, MARK E PIONESSA, GUILLERMINA C TARAFA, JOHN E WIGHTMAN (AXELMAN, DAVID) (Entered: 06/27/2012)

June 27, 2012 PACER
67

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE:Scheduling Conference held on 6/28/2012. Parties discuss schedule of case and state that they plan to file an agreement soon in the case. (Court Reporter Judy Nolton) (erl) (Entered: 06/29/2012)

June 28, 2012 PACER
66

ORDER DENYING 64 THE MOTION TO EXPEDITE THE MOTION TO INTERVENE. A party who opposes the motion to intervene must file a memorandum by July 16, 2012. Signed by JUDGE ROBERT L HINKLE on 6/29/2012. (dlt) (Entered: 06/29/2012)

June 29, 2012 PACER
68

NOTICE of Appeal by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS re 58 Preliminary Injunction (Attachments: # 1 Exhibit) (DAVIS, ASHLEY) (Entered: 07/02/2012)

1 Exhibit

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July 2, 2012 PACER
69

NOTICE OF APPEAL as to 58 Preliminary Injunction by PAMELA JO BONDI, KURT S BROWNING, GISELA SALAS. ( Filing fee $455 Receipt Number 1129-2334075.) (Attachments: # 1 Exhibit) (DAVIS, ASHLEY) (Entered: 07/02/2012)

1 Exhibit

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July 2, 2012 PACER
70

Appeal Instructions re: 69 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 7/19/2012. (dlt) (Entered: 07/05/2012)

July 5, 2012 PACER
71

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 69 Notice of Appeal ; (dlt) (Entered: 07/05/2012)

July 5, 2012 PACER

Set Deadlines re 69 Notice of Appeal : Clerk to check status of Appeal on 9/5/2012. (dlt)

July 5, 2012 PACER
72

TRANSCRIPT REQUEST by KURT S BROWNING, GISELA SALAS (DAVIS, ASHLEY) (Entered: 07/16/2012)

July 16, 2012 PACER
73

MEMORANDUM in Opposition re 63 First MOTION to Intervene filed by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (BERSE, FARRAH) (Entered: 07/16/2012)

July 16, 2012 PACER
74

USCA PROCEDURAL LETTER re: 69 NOTICE OF APPEAL. USCA Appeal # 12-13522-FF. (pll) (Entered: 07/18/2012)

July 18, 2012 PACER
75

First MOTION for Leave to File Reply Memorandum in Support of Motion for Permissive Intervention by GUILLERMINA T MOORE, MARK E PIONESSA, GUILLERMINA C TARAFA, JOHN E WIGHTMAN. (Attachments: # 1 Exhibit) (AXELMAN, DAVID) (Entered: 07/23/2012)

1 Exhibit

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July 23, 2012 PACER
76

RULE 7.1(B) CONFERENCE STATEMENT Amending Certification Contained in Motion for Leave to File Reply Memorandum (D.E. #75) by GUILLERMINA T MOORE, MARK E PIONESSA, GUILLERMINA C TARAFA, JOHN E WIGHTMAN. (AXELMAN, DAVID) (Entered: 07/23/2012)

July 23, 2012 PACER

Set/Reset Deadlines as to 75 First MOTION for Leave to File Reply Memorandum in Support of Motion for Permissive Intervention. (Internal deadline for referral to judge if response not filed earlier: 8/10/2012). (pll)

July 23, 2012 PACER
77

NOTICE of Withdrawal by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE (PARENT, ABIGAIL) (Entered: 07/27/2012)

July 27, 2012 PACER
78

ORDER GRANTING LEAVE TO WITHDRAW - PARENT. Signed by JUDGE ROBERT L HINKLE on 8/3/12. (pll) (Entered: 08/03/2012)

Aug. 3, 2012 PACER
79

ORDER DENYING 63 LEAVE TO INTERVENE. Granting 75 Motion for Leave to File. Signed by JUDGE ROBERT L HINKLE on 8/6/12. (pll) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
80

Joint MOTION for Permanent Injunction by FLORIDA PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, LEAGUE OF WOMEN VOTERS OF FLORIDA, ROCK THE VOTE. (Internal deadline for referral to judge if response not filed earlier: 8/28/2012). (Attachments: # 1 Exhibit A) (BERSE, FARRAH) (Entered: 08/10/2012)

1 Exhibit A

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Aug. 10, 2012 PACER
82

MANDATE of USCA as to 69 Notice of Appeal. Appellants' voluntary motion to dismiss this appeal with prejudice is GRANTED. USCA # 12-13522-FF. (pll) (Entered: 08/29/2012)

Aug. 24, 2012 PACER
81

INDICATIVE RULING ON THE MOTION FOR A PERMANENT INJUNCTION. Signed by JUDGE ROBERT L HINKLE on 8/28/12. (pll) (Entered: 08/29/2012)

Aug. 28, 2012 RECAP
83

PERMANENT INJUNCTION AND ORDER FOR ENTRY OF JUDGMENT. The joint motion for entry of a permanent injunction, ECF No. 80, is GRANTED. A permanent injunction is entered with these terms: a. Defendants Kenneth W. Detzner, in his official capacity as Secretary of State for the State of Florida, Pamela Jo Bondi, in her official capacity as Attorney General for the State of Florida, and Gisela Salas, in her official capacity as Director of the Division of Elections within the Department of State for the State of Florida, are hereby permanently enjoined from taking any step to demand compliance with or enforce the following provisions: i. Fla. Stat. ยง 97.0575(1)(c), to the extent it requires identification of volunteer registration agents or employee registration agents who solicit but do not collect or handle voter registration applications; ii. Fla. Stat. ยง 97.0575(1)(d); iii. Fla. Stat. ยง 97.0575(3)(a), to the extent it requires delivery of an application within 48 hoursor any period less than 10 days; iv. Fla. Stat. ยง 97.0575(5), to the extent it requires third-party voter registration organizations to report on the number of voter registration applications used by, distributed to, or collected from registration agents; v. Rule 1S-2.042(3)(a), to the extent it requires disclosure of: any volunteer registration agent; any employee who does not actually collector handle voter-registration applications; or a volunteers termination; vi. Rule 1S-2.042(3)(c); vii. Rule 1S-2.042(3)(d); viii. Rule 1S-2.042(3)(e), to the extent it requires disclosure of volunteer registration agents or their termination; ix. Rule 1S-2.042(4)(b), to the extent it requires recording the time of collection of any voter registration applications; x. Rule 1S-2.042(5); xi. Rule 1S-2.042(6)(a), to the extent it requires an accounting of the number of voter registration forms provided to or held by a third party voter registration organization; xii. Rule 1S-2.042(6)(b), to the extent it requires notice of termination of volunteer registration agents; xiii. Rule 1S-2.042(6)(c), to the extent it addresses form DS-DE 123; and xiv. Rule 1S-2.042(7)(a), to the extent it requires delivery of an application within 48 hoursor any period less than 10 days; to the extent it requires recording the time of delivery; and to the extent it imposes a fine for late delivery because of the absence of a clear postmark on any organization that actually mailed an application within 10 days after collecting it. b. This injunction does not affect any other portion of Florida Statutes ยง 97.0575 or Florida Administrative Code Rule 1S-2.042. This injunction is binding on the Secretary of State, Attorney General, and Director of the Division of Elections and their successors, officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. The court retains jurisdiction to enforce this injunction. All other claims in this action are dismissed with prejudice. Signed by JUDGE ROBERT L HINKLE on 8/30/12. (pll) (Entered: 08/31/2012)

Aug. 30, 2012 RECAP
84

CLERK'S JUDGMENT, entered pursuant to 83 Order. (pll) (Entered: 08/31/2012)

Aug. 31, 2012 PACER

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 15, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three non-party organizations that wish to conduct voter registration drives.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Brennan Center for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Secretary of State, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting:

Voter registration rules