HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.congcourts/fjccvrd0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Clarifying a Voter Registration Deadline
Extension Because of a Hurricane
Florida Democratic Party v. Detzner (4:18-cv-463)
and New Florida Majority Education Fund v. Detzner
(4:18-cv-466) (Robert L. Hinkle, N.D. Fla.)
A secretary of state extended a voter registration deadline to accom-
modate closed offices because of a hurricane on the last day of regis-
tration. A federal judge declined to extend the deadline further, but
he did issue an order stating that the secretary's extension must mean
until the first day that all offices in a county are open following the
deadline day if any of the county's offices are closed for even part of
the deadline day.
Subject: Registration procedures. Topics: Registration
procedures; case assignment.
A political party filed a federal complaint in the Northern District of Florida
on October 9, 2018, Florida's voter registration deadline for the 2018 general
election, seeking more of an extension of the deadline to accommodate an ap-
proaching hurricane than Florida's secretary of state had provided.' On the
next day, three organizations filed a federal complaint in the same district
seeking similar relief.2 The organizations notified the court that their case was
related to the party's case.' Judge Mark E. Walker reassigned the second case
to Judge Robert L. Hinkle, who had been assigned the first case.'
On the day before the deadline, noting that thirty-five Florida counties
are currently under a declared state of emergency due to the approach of Hur-
ricane Michael, the secretary authorized any elections office closed on Octo-
ber 9 to accept paper voter registration applications for the 2018 General
Election on the next day that his or her office is reopened. This will ensure that
each Supervisor of Elections Office has the same amount of days to register
voters at their offices.5
With their complaints, the plaintiffs in both cases filed motions for a tem-
porary restraining order.6
1. Complaint, Fla. Democratic Party v. Detzner, No. 4:18-cv-463 (N.D. Fla. Oct. 9, 2018),
D.E. 1 [hereinafter Fla. Democratic Party Complaint].
2. Complaint, New Fla. Majority Educ. Fund v. Detzner, No. 4:18-cv-466 (N.D. Fla. Oct.
10, 2018), D.E. 1.
3. Notice of Related Case, id. (Oct. 10, 2018), D.E. 2.
4. Reassignment Order, id. (Oct. 11, 2018), D.E. 6.
Tim Reagan interviewed Judge Walker for this report by telephone on December 12, 2018.
5. Fla. Sec'y of State Directive 2018-03 (Oct. 8, 2018), www.flgov.com/wp-content/
uploads/2018/10/Directive-2018-03.pdf; see Fla. Democratic Party Complaint, supra note 1,
at 9-10.
6. Motion, New Fla. Majority Educ. Fund, No. 4:18-cv-466 (N.D. Fla. Oct. 10, 2018), D.E.
3; Motion, Fla. Democratic Party, No. 4:18-cv-463 (N.D. Fla. Oct. 9, 2018), D.E. 3; see
Amended Motion, New Fla. Majority Educ. Fund, No. 4:18-cv-466 (N.D. Fla. Oct. 11, 2018),
Federal Judicial Center 12/13/2018
1](ViewImageLocal?handle=hein.congcourts/fjccvrd0001&div=1&collection=&method=preview&ext=.png&size=3)