Case: De La Fuente Guerra v. Snipes

4:16-cv-00751 | U.S. District Court for the Northern District of Florida

Filed Date: Dec. 6, 2016

Closed Date: April 28, 2017

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Case Summary

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 Elec…

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)

Related Cases

De La Fuente Guerra v. Florida, Northern District of Florida (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13421551/parties/de-la-fuente-guerra-v-snipes/


Judge(s)
Attorney for Plaintiff

Rossi, Paul Anthony (Florida)

Steinberg, Michael A. (Florida)

Attorney for Defendant

FUGETT, DAVID ANDREW (Florida)

Jones, William Jordan (Florida)

Norris-Weeks, Burnadette (Florida)

Documents in the Clearinghouse

Documents in this case
1

4:16-cv-00751

Complaint for Injunctive, Declaratory & Monetary Relief

De La Fuente v. Snipes

Dec. 6, 2016

Dec. 6, 2016

Complaint
4

4:16-cv-00751

Order to Show Cause

De La Fuente v. Snipes

March 1, 2017

March 1, 2017

Order/Opinion
11

4:16-cv-00751

Florida Secretary of State's Motion to Dismiss and Supporting Memorandum of Law

April 7, 2017

April 7, 2017

Pleading / Motion / Brief
13

4:16-cv-00751

Defendant Snipes' Motion to Dismiss Complaint and Memorandum of Law

De La Fuente v. Snipes

April 11, 2017

April 11, 2017

Pleading / Motion / Brief
18

4:16-cv-00751

Plaintiff's Consolidated Brief in Opposition to Defendants' Motions to Dismiss

De La Fuente v. Snipes

April 21, 2017

April 21, 2017

Pleading / Motion / Brief
18

4:16-cv-00751

Plaintiff's Consolidated Brief in Opposition to Defendant's Motions to Dismiss

De La Fuente v. Snipes

April 21, 2017

April 21, 2017

Pleading / Motion / Brief
19

4:16-cv-00751

Order Granting Defendants' Motions to Dismiss

De La Fuente v. Snipes

April 28, 2017

April 28, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13421551/de-la-fuente-guerra-v-snipes/

Last updated June 29, 2026, 5:22 a.m.

ECF Number Date Description Link
1 Dec. 6, 2016

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number BFLNDC-3747001.), filed by ROQUE DE LA FUENTE GUERRA. (Attachments: # 1 Affidavit) (STEINBERG, MICHAEL) (Entered: 12/06/2016)

1 Affidavit

View on RECAP

Clearinghouse
2 Dec. 6, 2016

CIVIL COVER SHEET. (STEINBERG, MICHAEL) (Entered: 12/06/2016)

RECAP
3 Dec. 6, 2016

DOCKET ANNOTATION BY COURT TO ATTORNEY MICHAEL STEINBERG: Re 1 Complaint - Counsel is advised by this entry, that Summonses should be filed as exhibits to the Complaint or as a separate entry using the event "NOTICE - OTHER" which is found under "Other Filings" under "Notices". (vkm) (Entered: 12/07/2016)

RECAP
Feb. 10, 2017

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: 60 Day No activity ddl. (tdl)

4 March 1, 2017

ORDER TO SHOW CAUSE. Signed by JUDGE MARK E WALKER on 3/1/2017. Show Cause Response due by 3/17/2017. (vkm) (Entered: 03/02/2017)

Clearinghouse
5 March 3, 2017

NOTICE of Filing Summons on Ken Detzner, Secretary of State by ROQUE DE LA FUENTE GUERRA (STEINBERG, MICHAEL) (Entered: 03/03/2017)

RECAP
6 March 3, 2017

NOTICE of Filing Summons on Dr. Brenda Snipes, Supervisor of Elections of Broward County, Florida by ROQUE DE LA FUENTE GUERRA (STEINBERG, MICHAEL) (Entered: 03/03/2017)

RECAP
7 March 6, 2017

Summons Issued as to KEN DETZNER, BRENDA SNIPES. (Attachments: # 1 Exhibit) (tdl) (Entered: 03/06/2017)

RECAP
8 March 17, 2017

SUMMONS Returned Executed by ROQUE DE LA FUENTE GUERRA. KEN DETZNER served on 3/14/2017, answer due 4/4/2017. (Attachments: # 1 Proof of Service on Ken Detzner, Secretary of the State of Florida) (STEINBERG, MICHAEL) (Entered: 03/17/2017)

RECAP
9 March 17, 2017

RESPONSE TO ORDER TO SHOW CAUSE by ROQUE DE LA FUENTE GUERRA. (STEINBERG, MICHAEL) (Entered: 03/17/2017)

RECAP
10 March 27, 2017

SUMMONS Returned Executed by ROQUE DE LA FUENTE GUERRA. BRENDA SNIPES served on 3/21/2017, answer due 4/11/2017. (Attachments: # 1 Proof of Service on Brenda Snipes, Supervisor of Elections of Broward County, Florida) (STEINBERG, MICHAEL) (Entered: 03/27/2017)

RECAP
11 April 7, 2017

MOTION to Dismiss by KEN DETZNER. (Internal deadline for referral to judge if response not filed earlier: 4/21/2017). (JONES, WILLIAM) (Entered: 04/07/2017)

Clearinghouse
12 April 10, 2017

INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/24/2017. Rule 26 Meeting Report due by 5/24/2017. Discovery due by 8/8/2017. Status Report due by 5/10/2017. Signed by JUDGE MARK E WALKER on 4/10/2017. (vkm) (Entered: 04/10/2017)

RECAP
13 April 11, 2017

MOTION to Dismiss by BRENDA SNIPES. (Internal deadline for referral to judge if response not filed earlier: 4/25/2017). (NORRIS-WEEKS, BURNADETTE) (Entered: 04/11/2017)

Clearinghouse
14 April 13, 2017

MOTION to Appear Pro Hac Vice by Paul A. Rossi.( Filing fee $ 201 receipt number AFLNDC-3851511.) by ROQUE DE LA FUENTE GUERRA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing) (ROSSI, PAUL) (Entered: 04/13/2017)

RECAP
15 April 13, 2017

NOTICE of Appearance by DAVID ANDREW FUGETT on behalf of KEN DETZNER (FUGETT, DAVID) (Entered: 04/13/2017)

RECAP
16 April 13, 2017

NOTICE REGARDING ELECTRONIC FILING AND ATTORNEY ADMISSIONS REQUIREMENT as to ATTORNEY MICHELLE AUSTIN PAMIES (vkm)***ADMISSIONS INFORMATION EMAILED*** (Entered: 04/13/2017)

RECAP
17 April 13, 2017

ORDER ADMITTING PAUL A. ROSSI PRO HAC VICE - The 14 motion is GRANTED and Paul A. Rossi is admitted pro hac vice as counsel for Plaintiff. Signed by JUDGE MARK E WALKER on 4/13/2017. (vkm) (Entered: 04/13/2017)

RECAP
18 April 21, 2017

MEMORANDUM in Opposition re 11 MOTION to Dismiss, 13 MOTION to Dismiss filed by ROQUE DE LA FUENTE GUERRA. (Attachments: # 1 Text of Proposed Order) (ROSSI, PAUL) (Entered: 04/21/2017)

1 Text of Proposed Order

View on RECAP

Clearinghouse
19 April 28, 2017

ORDER GRANTING DEFENDANTS' 11 & 13 MOTIONS TO DISMISS - The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 4/28/2017. (vkm) (Entered: 04/28/2017)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Broward County Supervisor of Elections

State

Florida Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Florida 4:16-cv-00751

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Challenges to at-large/multimember district/election

Recommended Citation