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1 Robert Timothy Reagan, 2018 Recount Deadlines in Florida 1 (2018)

handle is hein.congcourts/fjcrdfl0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION 2018 Recount Deadlines in Florida Jim Bonfiglio Campaign v. Detzner (4:18-cv-527) and Bill Nelson for U.S. Senate v. Detzner (4:18-cv-536) (Mark E. Walker, N.D. Fla.) After a state judge indicated that she would provide a candidate with relief in an action seeking a deadline extension for a recount in one county, but before the state judge actually ruled, the state's secretary of state removed the action to federal court. After taking evidence from county defendants, the federal judge issued an order declaring that county election officials had discretion to recount the plaintiffs' race for the state legislature ahead of statewide races, because the plaintiffs' race could be recounted more quickly. Based on evidence in this case, Judge Walker determined in a second removed case in- volving a U.S. Senate race that court relief was not required. Subject: Recounts. Topics: Recounts; removal; intervention; matters for state courts. State actions seeking deadline extensions for recounts-in a state legislature race and in a U.S. Senate race-were removed to federal court, and the re- counts were completed on time with limited relief provided by the federal judge. The State Legislature Race One week after the November 6, 2018, general election, Florida's secretary of state removed an action filed on the previous day in Florida's circuit court for Leon County, the county that includes the state capital: a candidate for the state legislature and his campaign sought a recount extension for Palm Beach County.' Initial election returns showed the plaintiff candidate trailing his op- ponent by 37 votes out of more than 80,000 votes cast.2 Following a case-management conference in state court on November 13, the state judge indicated that she would grant the plaintiffs relief, but the sec- retary removed the case that afternoon before she could do so.' Judge Mark E. Walker ordered the defendants, which also included Palm Beach County's canvassing board and its supervisor of elections, to respond 1. Notice of Removal, Jim Bonfiglio Campaign v. Detzner, No. 4:18-cv-527 (N.D. Fla. Nov. 13, 2018), D.E. 1; see Daniel Chang, Alex Daugherty & Maya Kaufman, Dade Finishes Its Ma- chine Recount as Broward Starts Process, Miami Herald, Nov. 14, 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. 2. Opinion at 1-2, Jim Bonfiglio Campaign, No. 4:18-cv-527 (N.D. Fla. Nov. 16,2018), D.E. 53. 3. Id. at 2-3; see Frances Robles & Patricia Mazzei, Aging Machines and Legal Wrench Could Make Recount a Little Messy, N.Y. Times, Nov. 15, 2018, at A16. Federal Judicial Center 12/21/2018 1

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