Filed Date: Dec. 6, 2016
Closed Date: April 28, 2017
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This case challenged Florida Statute Title IX, Chapter 102, Section 166, as facilitating election fraud.
On December 6, 2016, the Reform Party's presidential nominee filed a lawsuit against the Broward County Supervisor of Elections, and the Florida Secretary of State in the Northern District of Florida. The lawsuit alleged widespread absentee ballot election fraud during the 2016 Florida general election. According to the complaint, a temporary employee of the Broward County Supervisor of Elections provided a sworn affidavit claiming to have witnessed employees completing blank absentee ballots in a locked room shielded from public view and inspection. Plaintiff challenged the constitutionality of Florida Statute Title IX, Chapter 102, Section 166, which restricted recounts to cases where the vote margin was less than 0.25%. He argued that the statute enabled election fraud and violated the Equal Protection Clause of the Fourteenth Amendment by preventing meaningful inspection of ballots and recounts except under very narrow circumstances. Represented by private counsel, Plaintiff sought declaratory and injunctive relief to enjoin the enforcement of Title IX. Plaintiff also sought attorney’s fees.
On April 7, 2017, Defendant Secretary of State filed a motion to dismiss.
The court granted Defendant's motion to dismiss on procedural grounds, citing Plaintiff’s failure to serve the summons and complaint on the defendants. The case was dismissed without a decision on the merits.
This case is now closed.
Summary Authors
Joshua Allen (12/27/2024)
De La Fuente Guerra v. Florida, Northern District of Florida (2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13421551/parties/de-la-fuente-guerra-v-snipes/
Rossi, Paul Anthony (Florida)
Steinberg, Michael A. (Florida)
FUGETT, DAVID ANDREW (Florida)
Jones, William Jordan (Florida)
Norris-Weeks, Burnadette (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/13421551/de-la-fuente-guerra-v-snipes/
Last updated Aug. 8, 2025, 7:31 a.m.
State / Territory: Florida
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Dec. 6, 2016
Closing Date: April 28, 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Independent candidate for President of the United States in the 2016 general election.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Broward County Supervisor of Elections (Broward), County
Florida Secretary of State, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: