Democratic Exec. Comm. of Fla. v. Detzner

347 F. Supp. 3d 1017
CourtDistrict Court, N.D. Florida
DecidedNovember 15, 2018
DocketCase No. 4:18-CV-520-MW/MJF
StatusPublished
Cited by12 cases

This text of 347 F. Supp. 3d 1017 (Democratic Exec. Comm. of Fla. v. Detzner) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Democratic Exec. Comm. of Fla. v. Detzner, 347 F. Supp. 3d 1017 (N.D. Fla. 2018).

Opinion

II

Before addressing the merits, this Court must address some preliminary issues. The first is whether the Plaintiffs have standing. Next, this Court will address affirmative defenses raised by Defendants.

A

Standing is a threshold matter this Court must determine before proceeding to consider the merits of Plaintiffs' claims. E.g. , Via Mat Int'l S. Am. Ltd. v. United States , 446 F.3d 1258, 1262 (11th Cir. 2006). In certain scenarios, associations or organizations have standing to assert claims based on injuries to itself or its members if that organization or its members are affected in a tangible way. The organization must allege "that at least one identified member had suffered or would suffer harm." Summers v. Earth Island Inst. , 555 U.S. 488, 498, 129 S.Ct. 1142, 173 L.Ed.2d 1 (2009).

More specifically, an association or organization may "enforce the rights of its *1025members 'when its members would otherwise have standing to sue in their own right, the interests at stake are germane to the organization's purpose, and neither the claim asserted nor the relief requested requires the participation of the individual members in the lawsuit.' " Arcia v. Fla. Sec'y of State , 772 F.3d 1335, 1342 (11th Cir. 2014) (quoting Friends of the Earth v. Laidlaw Envtl. Servs. (TOC), Inc. , 528 U.S. 167, 181, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) ). This Court has further found political parties "have standing to assert, at least, the rights of its members who will vote in an upcoming election." Detzner , 2016 WL 6090943, at *4.

The Democratic Executive Committee of Florida ("DECF") "is the statewide organization representing Democratic candidates and voters throughout the State of Florida ..." ECF No. 1, at 4. Its purpose "is to elect Democratic Party candidates to public office throughout Florida." Id. It has "millions of members and constituents from across Florida, including millions of Floridians who are registered [to vote in Florida], and many other Floridians who regularly support and vote for candidates affiliated with the Democratic Party." Id. The other Plaintiff, Bill Nelson for U.S. Senate, is the "duly organized political campaign in support of Bill Nelson's election to the United States Senate ..." Id. at 7.

The Plaintiffs need not identify specific voters that are registered as Democrats who have had their vote-by-mail ballot rejected due to apparent mismatched signatures. Two years ago, it was enough that some Democratic voters inevitably would. Detzner , 2016 WL 6090943 at *4. Now, it is enough that some inevitably have.

To be sure, Intervenor-Defendant the National Republican Senatorial Committee ("NRSC"), challenges the Plaintiffs' standing. They say the Plaintiffs must "show actual, not presumed, injury since the relevant events have occurred," and that "it is not even remotely inevitable" that a member of the Plaintiff organizations was denied the opportunity to cure a mismatched signature on a vote-by-mail or provisional ballot. ECF No. 27, at 11. Their argument is belied by the record. The Plaintiffs have set forth four affidavits of Democratic voters who attempted to vote by mail, only to have their ballots belatedly rejected for a signature mismatch. See ECF Nos. 29, 32, 44, 45. The Florida Secretary of State's division chief of elections likewise provided evidence that out of 45 counties reporting so far, the state has rejected 3,688 vote-by-mail ballots and a further 93 provisional vote-by-mail ballots.

In short, Plaintiffs have standing.

B

The Defendants argue the equitable doctrine of laches bars relief in this case. That is, they claim the Plaintiffs waited too long to assert their claim, can offer no legitimate justification for the delay, and the Defendants will be prejudiced. The Defendants rely on a Fourth Circuit case in which the court held laches barred a constitutional challenge to state election laws relating to a candidate's ability to appear on a ballot. Perry v. Judd , 471 F. App'x 219, 224-25 (4th Cir. 2012). In this case, the Plaintiffs' interest in having their votes counted is more substantial than an individual's right to be on a ballot. See Burdick v. Takushi , 504 U.S. 428, 434, 112 S.Ct. 2059, 119 L.Ed.2d 245 (1992) (stating that "a court considering a challenge to a state election law must weigh the character and magnitude of the asserted injury"). Thus, Perry is distinct and not determinative. Moreover, as discussed below, laches may not apply to prospective injunction relief. Regardless, laches will not bar the *1026Plaintiffs' requests for a preliminary injunction in this case.

First, it is not clear laches applies when a plaintiff seeks prospective relief for continuing constitutional violations. See Garza v. Cty. of Los Angeles , 918 F.2d 763, 772 (9th Cir. 1990) ; see also Peter Letterese & Assocs. Inc. v. World Inst. of Scientology Enters. Int'l ,

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347 F. Supp. 3d 1017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/democratic-exec-comm-of-fla-v-detzner-flnd-2018.