Justia U.S. 11th Circuit Court of Appeals Opinion Summaries
Articles Posted in Election Law
Gonzalez v. Governor of the State of Georgia
The Eleventh Circuit certified the following question to the Supreme Court of Georgia under O.C.G.A. 15-2-9: Does O.C.G.A. 45-5-3.2 conflict with Georgia Constitution Article VI, Section VIII, Paragraph I(a) (or any other provision) of the Georgia Constitution? View "Gonzalez v. Governor of the State of Georgia" on Justia Law
Independent Party of Florida v. Secretary, State of Florida
The Independent Party of Florida and the Party for Socialism and Liberation seek to place their presidential candidates on the ballot in Florida without satisfying the requirements of Fla. Stat. 103.021(4)(a)–(b). Under the law, minor parties may access the presidential ballot either by satisfying a one-percent signature requirement or by affiliating with a qualified national party.The Eleventh Circuit affirmed the district court's denial of the minor parties' motion for a preliminary injunction against the enforcement of these requirements. The court first held that the Party for Socialism and Liberation has Article III standing. In this case, the party will be injured if its candidate is denied access to the ballot; the future injury is impending; the injury is fairly traceable; and the injury could be redressed by an injunction forbidding the Secretary to deny the party access to the ballot based on the challenged provisions.The court applied the Anderson-Burdick test to resolve equal-protection challenges to a ballot-access requirement and held that Florida's goal of accounting for the national interest in presidential elections justifies its decision to provide different paths to the ballot for minor parties that affiliate with a qualified national party and those that do not. Therefore, the minor parties are unlikely to succeed on their claims that the ballot-access requirements unconstitutionally burden their First Amendment rights and deny them equal protection of the laws. View "Independent Party of Florida v. Secretary, State of Florida" on Justia Law
Greater Birmingham Ministries v. Secretary of State for the State of Alabama
In 2015, plaintiffs filed suit challenging Alabama's 2011 Photo Voter Identification Law passed by the Alabama legislature as House Bill 19 and codified at Ala. Code 17-9-30. The voter ID law took effect in June 2014 and requires all Alabama voters to present a photo ID when casting in-person or absentee votes. Plaintiffs sought declaratory and injunctive relief, alleging that the law has a racially discriminatory purpose and effect that violates the United States Constitution and the Voting Rights Act (VRA).The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of the Secretary, holding that plaintiffs failed to identify any genuine disputes of material facts and no reasonable factfinder could find, based on the evidence presented, that Alabama's voter ID law is discriminatory. The court held that the burden of providing a photo ID pursuant to Ala. Code 17-9-30 in order to vote is a minimal burden on Alabama's voters—especially when Alabama accepts so many different forms of photo ID and makes acquiring one simple and free for voters who lack a valid ID but wish to obtain one. Therefore, the Alabama voter ID law does not violate the Fourteenth and Fifteenth Amendments of the Constitution, nor does it violate the Voting Rights Act. View "Greater Birmingham Ministries v. Secretary of State for the State of Alabama" on Justia Law
Cowen v. Georgia Secretary of State
The Libertarian Party filed suit against the Secretary of State of Georgia, alleging that Georgia's ballot-access requirements for third-party and independent candidates violated their associational rights under the First and Fourteenth Amendments and their Equal Protection rights under the Fourteenth Amendment.The Eleventh Circuit vacated the district court's grant of summary judgment to the Secretary, holding that the district court's failure to apply the Supreme Court's test for the constitutionality of ballot-access requirements, as articulated in Anderson v. Celebreeze, 460 U.S. 780 (1983), constitutes reversible error. Accordingly, the court remanded to the district court with instructions to conduct in the first instance the Anderson test and to consider the Party's Equal Protection claim. View "Cowen v. Georgia Secretary of State" on Justia Law
Jacobson v. Florida Secretary of State
At issue in this appeal is whether several voters and organizations have standing to challenge a law that governs the order in which candidates appear on the ballot in Florida's general elections. The voters and organizations alleged that the law violates their rights under the First and Fourteenth Amendments because candidates who appear first on the ballot—in recent years, Republicans—enjoy a "windfall vote" from a small number of voters who select the first candidate on a ballot solely because of that candidate's position of primacy. The district court permanently enjoined the Secretary from preparing ballots in accordance with the law.The Eleventh Circuit vacated and remanded with instructions to dismiss for lack of justiciability, holding that the voters and organizations lack standing to sue the Secretary, because none of them proved an injury in fact. Furthermore, any injury they might suffer is neither fairly traceable to the Secretary nor redressable by a judgment against her because she does not enforce the challenged law. Rather, the county officials independent of the Secretary (the Supervisors) are responsible for placing candidates on the ballot in the order the law prescribes. Therefore, the court held that the district court lacked authority to enjoin those officials in this action and it was powerless to provide redress. View "Jacobson v. Florida Secretary of State" on Justia Law
Democratic Executive Committee of Florida v. National Republican Senatorial Committee
Florida's 2018 U.S. Senate election triggered a statewide recount. The Democratic Executive Committee challenged the signature-match requirements of Florida’s vote-by-mail statute, which gave voters who learned that their votes had been blocked for signature mismatch until “5 p.m. one day before the election” to verify their identities by submitting an affidavit and an accepted form of identification. They also challenged Florida’s law allowing prospective voters who could not prove their eligibility to cast provisional ballots; provisional ballots rejected because of signature mismatch could not be cured after the fact.The district court entered a modified preliminary injunction allowing the “ballots of those voters who were belatedly notified of signature mismatch” to be counted, provided that “those voters timely verified their identities.” The National Republican Senatorial Committee (NRSC) sought an emergency stay, which was denied by the Eleventh Circuit. The preliminary injunction expired two days later. About three months later, the motions panel issued an opinion explaining its denial of the emergency stay.In 2019, S.B. 7066, significantly amended the signature-match provisions. The plaintiffs dismissed their lawsuit. Defendants moved to dismiss their appeal of the preliminary injunction. The NRSC agreed that the case was moot but moved to vacate the order granting a preliminary injunction and the stay-panel opinion. The Eleventh Circuit concluded that it retained jurisdiction to consider the proposed motions but declined to vacate the prior opinions because they will not have negative collateral effects on any party. View "Democratic Executive Committee of Florida v. National Republican Senatorial Committee" on Justia Law
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Election Law, Government & Administrative Law
Hand v. Desantis
The Executive Clemency Board appealed the district court's orders denying in part its motion for summary judgment and permanently enjoining Florida's former system for re-enfranchising convicted felons. Plaintiff and other convicted felons alleged that the former system facially violated their First and Fourteenth Amendment rights. The district court granted plaintiff's motion on three of four counts, and issued permanent injunctions prohibiting the Board from enforcing the then-current vote-restoration system, ending all vote-restoration processes.In 2016, Florida voters amended their state constitution as it concerns the re-enfranchisement of convicted felons. In 2019, Florida's legislature revised its statutory scheme for re-enfranchisement. Plaintiff claimed that he and the other convicted felons are eligible to seek restoration of their voting rights. Therefore, the Eleventh Circuit held that this case is moot and vacated in part the district court's order on cross-motions for summary judgment dated February 1, 2018; vacated the district court's order directing entry of judgment dated March 27, 2018; and remanded with instructions to dismiss. View "Hand v. Desantis" on Justia Law
Wilding v. DNC Services Corp.
Plaintiffs filed a putative class action alleging that during the 2016 Democratic presidential primaries the DNC and its chairwoman improperly tipped the scales in favor of former Secretary of State Hillary Clinton, who was challenging Senator Bernie Sanders for the Democratic presidential nomination.The Eleventh Circuit held that some named plaintiffs representing the DNC donor class have adequately alleged Article III standing, but that no named plaintiffs representing the Sanders donor class have done so. The court dismissed the fraud and negligent misrepresentation claims on the merits, holding that plaintiffs representing the DNC donor class failed to allege with particularity the manner in which they relied on defendants' statements. Therefore, the general allegation of reliance was not fatal to the Article III standing of the DNC donor class, but it fell short of Federal Rule of Civil Procedure 9(b)'s heightened pleading standard.The court also held that the District of Columbia Consumer Protection Procedures Act claim of the DNC donor class failed the plausibility standard set out in cases like Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556–57 (2007); plaintiffs in the DNC donor class have failed to state a claim for unjust enrichment under Florida law; plaintiffs in the Democratic voter class failed to allege an injury-in-fact sufficient to confer Article III standing when they alleged a breach of fiduciary duty by the DNC and its chairwoman; and the district court did not err in dismissing the complaint without sua sponte granting plaintiffs leave to file a second amended complaint. Accordingly, the court affirmed the district court's judgment of dismissal, remanding for amendment of its order. View "Wilding v. DNC Services Corp." on Justia Law
American Civil Rights Union v. Snipes
The ACRU filed suit alleging that defendant, the former Broward County Supervisor of Elections, failed to satisfy her list-maintenance obligations under the National Voter Registration Act (NVRA).The Eleventh Circuit held that, under the NVRA, the states and their subsidiaries are required to conduct a general program of list maintenance that makes a reasonable effort to remove voters who become ineligible on account of death or change of residence, and only on those two accounts. The court also held that nothing in the Help America Vote Act (HAVA) changes what is required by the NVRA. Finally, the court held that the NVRA sets forth an explicit safe-harbor procedure by which the states may fulfill their list-maintenance obligations as to voters who move. In this case, the district court did not clearly err by finding that defendant's Election Supervisor conducted a program reasonably designed to accomplish these tasks required under the NVRA. Accordingly, the court affirmed the judgment of the district court. View "American Civil Rights Union v. Snipes" on Justia Law
Democratic Executive Committee of Florida v. Lee
This case involved Florida's practice of counting vote-by-mail ballots only after verifying that the voter's signature provided with the ballot matches the voter's signature in the state's records. At issue in this appeal was NRSC's motion for emergency stay.The court denied NRSC's motion and held that NRSC failed to satisfy the requirements for the issuance of a stay. The court applied the factors in Nken v. Holder, 556 U.S. 418, 434 (2009), and held that NRSC has not made a strong showing that it was likely to succeed on appeal. In this case, NRSC has not made a strong showing that the burden imposed on the right to vote is constitutional as judged by the Anderson-Burdick balancing test and NRSC has not made a strong showing that it was likely to succeed on the merits of its laches argument. The court also held that the remaining Nken factors similarly disfavored a stay. View "Democratic Executive Committee of Florida v. Lee" on Justia Law