Case: League of Women Voters of Florida v. Scott

4:16-cv-00633 | U.S. District Court for the Northern District of Florida

Filed Date: Oct. 11, 2016

Closed Date: Oct. 12, 2016

Clearinghouse coding complete

Case Summary

On October 11, 2016, League of Women Voters of Florida filed its Complaint for Declaratory and Injunctive Relief under the National Voter Registration Act, Section 2 of the Voting Rights Act, and the First and Fourteenth Amendments to the U.S. Constitution, pursuant to 42 U.S.C. §§ 1983 and 1988 against the Governor of the State of Florida and the Secretary of State of the State of Florida (the “Defendants”).  Plaintiff sought a preliminary injunction in the US District Court of the Northern Di…

On October 11, 2016, League of Women Voters of Florida filed its Complaint for Declaratory and Injunctive Relief under the National Voter Registration Act, Section 2 of the Voting Rights Act, and the First and Fourteenth Amendments to the U.S. Constitution, pursuant to 42 U.S.C. §§ 1983 and 1988 against the Governor of the State of Florida and the Secretary of State of the State of Florida (the “Defendants”).  Plaintiff sought a preliminary injunction in the US District Court of the Northern District of Florida requiring Defendants to accept delivery of voter registration applications until at least October 18, 2016, in order to account for lost registration time, including a weekend, in the state of Florida prior to a presidential election.  The case was assigned to Judge Mark Eaton Walker.

On October 6, six days before the state’s voter registration deadline, Florida residents were urged to evacuate by the Governor due to Hurricane Matthew hitting the state.  25 counties total were issued an evacuation order (mandatory or voluntary), over one million Florida residents were without power, and roads and bridges were destroyed or flooded.  State and county offices, including places that are required by law to offer voter registration services, in 43 of Florida’s 67 counties were shut down.  The US Postal Service suspended operations in most of the areas affected by Hurricane Matthew.  October 11, 2016 was set as the registration deadline, and voter registration was unavailable in numerous counties affected by Hurricane Matthew between Thursday, October 6th and the morning of Tuesday, October 11th.

To register in Florida, voters had to complete a paper registration application or the national mail-in voter registration form and deliver it by mail or in person to the certain government offices.  There was no other way to register to vote (i.e. online).

Plaintiff had written to the Governor on October 7, 2016, requesting that due to the Hurricane and that Monday was Columbus Day, the registration deadline be extended at least under the end of the week to provide the full opportunity to register as provided in the National Voter Registration Act.  The request (and other similar requests) was denied by the Governor.

On October 9, 2016, the Florida Democratic Party filed suit in the same court and sought a temporary restraining order and preliminary injunction, which was granted by the Court to extend the registration deadline to October 12.

The complaint alleged that by the Governor rejecting requests to extend the voter registration deadline, he denied Florida residents the full opportunity to register provided to them by Section 2 and Section 8 of the National Voter Registration Act.  Plaintiff also brought suit as an undue burden on the right to vote in violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.  They also brought suit as disparate treatment in violation of the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C. § 1983.  The relief sought was a declaratory judgment and to provide preliminary and permanent injunctive relief.

The court granted the Motion for Preliminary Injunction/Temporary Restraining Order, and the deadline for registration to vote was extended until October 18, 2016.  The deadline for submission of an Early Voting Plan was extended until October 17, 2016.

The case was closed in November 2016.

Summary Authors

Jenna Zendarski (10/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501402/parties/league-of-women-voters-of-florida-v-scott/


Judge(s)
Attorney for Plaintiff

ABUDU, NANCY GBANA (Florida)

ATKINS, ROBERT A (Florida)

BERGLIN, KYLE THOMAS (Florida)

BERSE, FARRAH ROBYN (Florida)

Attorney for Defendant

BARDOS, ANDY V (Florida)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
4

4:16-00626

Plaintiff's Emergency Motion for Temporary Restraining Order and Order to Show Cause

Florida Democratic Party v. Scott

Oct. 9, 2016

Oct. 9, 2016

Pleading / Motion / Brief
3

4:16-00626

Complaint for Emergency Injunctive and Declaratory Relief

Florida Democratic Party v. Scott

Oct. 9, 2016

Oct. 9, 2016

Complaint
12

4:16-cv-00633

Certification of Farrah R. Berse

League of Women Voters of Flor v. Scott

Oct. 11, 2016

Oct. 11, 2016

Declaration/Affidavit
1

4:16-cv-00633

Complaint For Emergency Injunctive and Declaratory Relief

League of Women Voters of Flor v. Scott

Oct. 11, 2016

Oct. 11, 2016

Complaint
4

4:16-cv-00633

Plaintiff's Emergency Motion for a Preliminary Injunction and Order to Show Cause

League of Women Voters of Flor v. Scott

Oct. 11, 2016

Oct. 11, 2016

Pleading / Motion / Brief
5

4:16-cv-00633

Memorandum of Law in Support of Plaintiff's Emergency Motion for Preliminary Injunction and Order to Show Cause

League of Women Voters of Flor v. Scott

Oct. 11, 2016

Oct. 11, 2016

Pleading / Motion / Brief
29

4:16-00626

Order Granting Preliminary Injunction

Florida Democratic Party v. Scott

Oct. 12, 2016

Oct. 12, 2016

Order/Opinion
17

4:16-cv-00633

Civil Minutes on Hearing re Motion for TRO and PI

League of Women Voters of Flor v. Scott

Oct. 12, 2016

Oct. 12, 2016

Other
15

4:16-cv-00633

Order to Consolidate

League of Women Voters of Flor v. Scott

Oct. 12, 2016

Oct. 12, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501402/league-of-women-voters-of-florida-v-scott/

Last updated Sept. 28, 2025, 11:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Emergency Injunctive and Declaratory Relief against KEN DETZNER, RICHARD SCOTT ( Filing fee $ 400 receipt number AFLNDC-3699805.), filed by LEAGUE OF WOMEN VOTERS OF FLORIDA. (Attachments: # 1 Summons) (BERSE, FARRAH) (Entered: 10/11/2016)

1 Summons

View on PACER

Oct. 11, 2016

Oct. 11, 2016

Clearinghouse
10

Summons Issued as to RICHARD SCOTT. (kjw) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
11

Summons Issued as to KEN DETZNER. (kjw) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
12

RULE 7.1(B) CONFERENCE STATEMENT re 4 Emergency MOTION for Preliminary Injunction and Order to Show Cause by LEAGUE OF WOMEN VOTERS OF FLORIDA. (Attachments: # 1 Exhibit A) (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

Clearinghouse
13

NOTICE of Appearance by ROBERT A ATKINS on behalf of LEAGUE OF WOMEN VOTERS OF FLORIDA (ATKINS, ROBERT) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
14

Order for Reassignment. Signed by JUDGE ROBERT L HINKLE on 10/11/16. (RH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
2

CIVIL COVER SHEET. (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
3

NOTICE of Prior or Similar Case by LEAGUE OF WOMEN VOTERS OF FLORIDA (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
4

Emergency MOTION for Preliminary Injunction and Order to Show Cause by LEAGUE OF WOMEN VOTERS OF FLORIDA. (Attachments: # 1 Text of Proposed Order) (BERSE, FARRAH) (Entered: 10/11/2016)

1 Text of Proposed Order

View on RECAP

Oct. 11, 2016

Oct. 11, 2016

Clearinghouse
5

MEMORANDUM in Support re 4 Emergency MOTION for Preliminary Injunction and Order to Show Cause filed by LEAGUE OF WOMEN VOTERS OF FLORIDA. (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

Clearinghouse
6

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction and Order to Show Cause / Declaration of Pamela Goodman filed by LEAGUE OF WOMEN VOTERS OF FLORIDA. (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
7

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction and Order to Show Cause / Declaration of Lilly Paez filed by LEAGUE OF WOMEN VOTERS OF FLORIDA. (BERSE, FARRAH) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
8

NOTICE of Appearance by MYRNA PEREZ on behalf of LEAGUE OF WOMEN VOTERS OF FLORIDA (PEREZ, MYRNA) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
9

NOTICE of Appearance by WENDY ROBIN WEISER on behalf of LEAGUE OF WOMEN VOTERS OF FLORIDA (WEISER, WENDY) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER

JUDGE MARK E WALKER added. JUDGE ROBERT L HINKLE no longer assigned to case. (pll)

Oct. 11, 2016

Oct. 11, 2016

PACER
15

ORDER TO CONSOLIDATE. This Court, on its own accord, orders the Clerk to consolidate this case with its parent case, Florida Democratic Party v. Richard Scott, etc., at al., Case No. 4:16cv626-MW/CAS. Counsel may be heard either in person or by telephone at the hearing scheduled for this morning, Wednesday, October 12, 2016, at 10:00 a.m. If Plaintiff wishes to appear telephonically, it is ordered to immediately email this Courts deputy, Pamela Lourcey, at Pamela_Lourcey@flnd.uscourts.gov with the telephone number it would like to be dialed into the hearing. Signed by JUDGE MARK E WALKER on 10/12/2016. (kjw) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

Clearinghouse
16

**THIS NOTICE PROVIDES CALLING INSTRUCTIONS FOR THOSE PARTIES APPEARING BY PHONE. THE HEARING WILL BE HELD IN COURTROOM 5 SOUTH FOR IN PERSON PARTICIPANTS** NOTICE of Hearing on 4 MOTION for Temporary Restraining Order/Preliminary Injunction: Motion Hearing set for 10/12/2016 10:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 9:45 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. (pll) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
17

Minute Entry for proceedings held before JUDGE MARK E WALKER: MCourt hears 4 Motion for Preliminary Injunction/Temporary Restraining Order. Court GRANTS 4 Motion for Preliminary Injunction/Temporary Restraining Order. The deadline for registration to vote is extended until October 18, 2016. The deadline for submission an Early Voting Plan is extended until October 17, 2016. (Court Reporter Megan Hague.) (pll) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

Clearinghouse
18

ORDER DIRECTING PARTIES TO FILE NOTICE - (Notice due by 5:00 p.m. on 10/14/2016.) Signed by JUDGE MARK E WALKER on 10/13/2016. (tdl) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
19

ORAL ORDER directing clerk to terminate 4 Emergency MOTION for Preliminary Injunction and Order to Show Cause. This motion has been GRANTED in the Consolidated Case 4:16cv626-MW. Signed by JUDGE MARK E WALKER on 10/14/16. (pll) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
20

NOTICE to the Court in Response to Court's Order Directing Parties to File Notice by LEAGUE OF WOMEN VOTERS OF FLORIDA re 18 Order, Set Deadlines/Hearings (BERSE, FARRAH) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
21

Emergency MOTION to Compel Defendants to Produce a Knowledgeable Witness by LEAGUE OF WOMEN VOTERS OF FLORIDA. (Attachments: # 1 Text of Proposed Order) (BERSE, FARRAH) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
22

MEMORANDUM in Support re 21 Emergency MOTION to Compel Defendants to Produce a Knowledgeable Witness filed by LEAGUE OF WOMEN VOTERS OF FLORIDA. (BERSE, FARRAH) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
23

SUMMONS Returned Executed by LEAGUE OF WOMEN VOTERS OF FLORIDA. RICHARD SCOTT served on 10/12/2016, answer due 11/2/2016. (BERSE, FARRAH) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
24

SUMMONS Returned Executed by LEAGUE OF WOMEN VOTERS OF FLORIDA. KEN DETZNER served on 10/12/2016, answer due 11/2/2016. (BERSE, FARRAH) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
25

ORDER CLOSING THE FILE - This matter requires no further action, and the Clerk is directed to close the file. Signed by JUDGE MARK E WALKER on 10/20/2016. (cle) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER

Case Details

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 11, 2016

Closing Date: Oct. 12, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

League of Women Voters of Florida

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Richard Scott, State

Ken Detzne, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2016 - 2016

Issues

Affected Race(s):

Black

Voting:

Voter registration rules

Voting: Physical/Effective Access