Case: Sherrill v. The Florida Elections Commission

This case involved a claim by a Florida congressional candidate of felonies and impropriety by one of her opponents. 

After filing an unsuccessful complaint with The Florida Elections Commission (the "FEC") regarding one of her opponents in the congressional race, Plaintiff, a Republican candidate for Congress in Florida's District 21, filed (pro se) an emergency ex-parte petition for writ of mandamus on August 17, 2020 (the day immediately prior to the primary election in which the candidates were competing) in the United States District Court for the Southern District of Florida (the "District Court") against the Florida Elections Commission. Plaintiff alleged that the opponent was not a resident of the state of Florida as required to run for Florida congressional office; appointed unregistered agents to move and utilize in-State donations in her pursuit of congressional office; threatened and harassed her opponents; engaged in illegal foreign and domestic lobbying activity; made public threats in the media to commit further crimes against US officials, in violation of Florida election law, the Constitution and U.S. counterintelligence laws; and had violated numerous other state and federal laws (including Florida Statutes 104.051, 104.0615 and 876.02).

Plaintiff asked that the District Court, accordingly: order the defendant to remove the opponent as a congressional candidate for Florida District 21 and affirm that all candidates of the congressional election have proven their legal qualification for participation therein; order the Republican Party of Florida to conduct a special election with only legally qualified candidates (i.e. without the opponent); and provide such other relief as the District Court deemed proper.

That same day, Judge Roy K. Altman dismissed the case without prejudice, noting that the District Court lacked subject-matter jurisdiction over the case on the basis that the defendant was not "an officer or employee of the United States or any agency thereof" with respect to which the District Court could issue a writ of mandamus, but rather a state administrative agency. Accordingly, Judge Altman noted that Plaintiff would need to seek redress in state court, rather than federal court. 

The case is now closed.