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1 Robert Timothy Reagan, Challenging a Governor's Oversight of Election When He Is a Candidate for Another Office 1 (2018)

handle is hein.congcourts/fjccgo0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Challenging a Governor's Oversight of Elections When He Is a Candidate for Another Office League of Women Voters of Florida v. Scott (Mark E. Walker, N.D. Fla. 4:18-cv-525) A federal complaint filed a few days after a general election chal- lenged the governor's authority over vote-counting matters because he was a candidate for the U.S. Senate in a close election. The federal judge decided that the governor had come close to but not crossed a line of propriety. Subject: Voting procedures. Topics: Recounts. Two organizations and a voter filed a federal complaint in the Northern Dis- trict of Florida against Florida's governor on November 12, 2018, six days after a general election, alleging that the governor, who was an apparently prevail- ing candidate for the United States Senate, has already misused his authority to influence and frustrate the high stakes vote-counting process, and the pow- ers of his office give him opportunity to misuse his authority.' With their complaint, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction.2 Judge Mark E. Walker set the case for a telephonic status conference on November 14.' At the status conference, Judge Walker set the case for an evidentiary hear- ing on November 15. On the day of the hearing, the governor moved to quash a subpoena commanding him to appear personally, arguing that absent ex- traordinary circumstances, high-ranking officials may not be subjected to dep- ositions or called to testify regarding their official actions.' Judge Walker quashed the subpoena.6 This Court will revisit the issue if at today's hearing, Plaintiffs make the unlikely showing that Governor Scott has information that 1. Complaint at 2, League of Women Voters of Fla. v. Scott, No. 4:18-cv-525 (N.D. Fla. Nov. 12, 2018), D.E. 1; see Daniel Chang, Elizabeth Koh & Nicholas Nehmas, Legal Sparring Continues; Recounts Get Uneven Start, Miami Herald, Nov. 13, 2018, at 1A; Jeffrey Schweers, Seven Lawsuits and Counting: Tallahassee Is Ground Zero, Tallahassee Democrat, Nov. 14, 2018, at A6; David Smiley, Kyra Gurney, Steve Bousquet & Emily L. Mahoney, It's Prayer Mode as Legal Decisions and Deadlines Loom, Miami Herald, Nov. 15, 2018, at 1A; Kenneth P. Vogel & Patricia Mazzei, Legal Pugilist for Democrats at Center of Recount Fight in Florida, N.Y. Times, Nov. 15, 2018, at A12. 2. Motion, League of Women Voters of Fla., No. 4:18-cv-525 (N.D. Fla. Nov. 12, 2018), D.E. 4. 3. Order, id. (Nov. 12, 2018), D.E. 8. 4. Minutes, id. (Nov. 14, 2018), D.E. 16; see Minutes, id. (Nov. 15, 2018), D.E. 28; see also Schweers, supra note 1. 5. Motion, League of Women Voters ofFla., No. 4:18-cv-525 (N.D. Fla. Nov. 15,2018), D.E. 22. 6. Order, id. (Nov. 15, 2018), D.E. 23. Federal Judicial Center 12/21/2018 1

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