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1 Robert Timothy Reagan, Multiple Suits after an Election to Relax the Standards for Counting and Recounting Votes 1 (2018)

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CASE STUDIES IN EMERGENCY ELECTION LITIGATION


          Multiple Suits After an Election to Relax
    the  Standards for Counting and Recounting Votes

       Democratic Executive Committee of Florida v. Detzner
         (No. 4:18-cv-520),   VoteVets  Action  Fund   v. Detzner
       (No.  4:18-cv-524),  DSCC   v. Detzner   (No. 4:18-cv-526),
          and  Democratic   Senatorial  Campaign Committee
                      v. Detzner  (No. 4:18-cv-528)
          (Mark  E.  Walker  and  Robert  L. Hinkle,  N.D.  Fla.)

       The  campaign for the ultimately unsuccessful reelection of a U.S.
       senator filed four federal complaints during the week following a
       general election. Each complaint raised a different issue: signature
       matching  on mail and provisional ballots, mail ballot deadlines,
       manual  recount rules, and recount deadlines. The judge enjoined
       disqualification of votes for mismatched signatures without an op-
       portunity to resolve the mismatch. The judge denied relief in the
       other cases.
           Subject: Absentee and early voting. Topics: Signature matching;
       absentee ballots; provisional ballots; recounts; recusal; case
       assignment; intervention.

Four federal complaints were filed in the Northern District of Florida two to
seven days after the 2018 general election by organizations affiliated with Sen-
ator Bill Nelson's ultimately unsuccessful reelection campaign.' The plaintiffs





   1. Complaint, Democratic Senatorial Campaign Comm. v. Detzner, No. 4:18-cv-528 (N.D.
Fla. Nov. 13, 2018), D.E. 1 [hereinafter Democratic Senatorial Campaign Comm. Complaint];
Complaint, DSCC v. Detzner, No. 4:18-cv-526 (N.D. Fla. Nov. 13, 2018), D.E. 1 [hereinafter
DSCC Complaint]; Complaint, VoteVets Action Fund v. Detzner, No. 4:18-cv-524 (N.D. Fla.
Nov. 12, 2018), D.E. 1 [hereinafter VoteVets Action Fund Complaint]; Complaint, Democratic
Exec. Comm. of Fla. v. Detzner, No. 4:18-cv-520 (N.D. Fla. Nov. 8,2018), D.E. 1 [hereinafter
Democratic Exec. Comm. ofFla. Complaint]; see Daniel Chang, Alex Daugherty & Maya Kauf-
man, Dade Finishes Its Machine Recount as Broward Starts Process, Miami Herald, Nov. 14,
2018, at 1A; Daniel Chang, Elizabeth Koh & Nicholas Nehamas, Legal Sparring Continues;
Recounts Get Uneven Start, Miami Herald, Nov. 13, 2018, at 1A; 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; Sean Sullivan, Beth Reinhard, Vanessa Williams
& Lori Rozsa, New Court Moves Could Prolong Fla., Ga. Races, Wash. Post, Nov. 14, 2018, at
Al; see also Steve Bousquet & Steve Contorno, Sluggish Campaign Ends a Lengthy Career, Mi-
ami Herald, Nov. 18, 2018, at 1A; Joshua Jamerson, Alex Leary & Andrew Duehren, GOP
Wins Senate Race in Florida, Wall St. J., Nov. 19, 2018, at Al; Patricia Mazzei, Frances Robles
& Maggie Astor, Scott Unseats Senate Democrat After a Manual Recount in Florida, N.Y.
Times, Nov. 19, 2018, at All; Jeffrey Schweers, Seven Lawsuits and Counting: Tallahassee Is
Ground Zero, Tallahassee Democrat, Nov. 14, 2018, at A6. See generally Jay Weaver & Steve
Bousquet, Federal Judge Takes Center Stage in Recount Battle, Miami Herald, Nov. 15, 2018,
at 3A.


Federal Judicial Center 12/21/2018


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