Emergency Request for Immediate Relief in Florida Spanish-Language Ballot Case

Emergency Request for Immediate Relief in Florida Spanish-Language Ballot Case

November 4, 2018
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Plaintiffs learned earlier today (Sunday, November 4, 2018) that Duval County Supervisor of Elections Mike Hogan (“Duval Supervisor Hogan”) is not providing any Spanish-language facsimile ballots at early voting sites, in violation of this Court’s September 10, 2018 corrected Preliminary Injunction Order (ECF 59). Plaintiffs request immediate emergency relief, to be issued Monday, November 5, 2018, as follows:

  1. Requiring Defendant Secretary of State Ken Detzner to immediately comply with this Court’s Preliminary Injunction Order by ensuring that Duval Supervisor Hogan makes available Spanish-language facsimile ballots at all polling sites, including on Election Day;
  2. Requiring Defendant Detzner to instruct all counties that they are required to make such Spanish-language facsimile ballots available at all polling sites; and 
  3. Directly enjoining Duval Supervisor Hogan to immediately comply with the Preliminary Injunction Order by making available Spanish-language facsimile ballots at all polling sites, including on Election Day.
An order against Defendant Detzner is proper because, as this Court has previously recognized, he has the authority and responsibility to ensure compliance with the Voting Rights Act, and this Court’s Preliminary Injunction Order requires that he instruct the Supervisors of Elections in 32 counties, including Duval, to comply with Section 4(e) by providing Spanish-language facsimile ballots at all polling places. And an order against Duval Supervisor Hogan is proper both because he is an individual acting “in active concert or participation with” Defendant Secretary Detzner to violate the preliminary injunction, Fed. R. Civ. P. 65(d)(2)(C), and because this Court has authority to issue all writs necessary in aid of its jurisdiction under the All Writs Act, 28 U.S.C. §1651(a), including an order enjoining Duval Supervisor Hogan from interfering with or frustrating this Court’s Preliminary Injunction Order.
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