CASE SUMMARY
On April 22, 2022, a coalition of civil and voting rights organizations and Florida voters filed a lawsuit against Florida's Secretary of State, Attorney General, Senate, House of Representatives, and legislative leaders challenging the state's congressional redistricting plan as violating various provisions of the Florida Constitution's Fair Districts Amendment (art. III, Section 20). First, they assert the plan violates the non-diminishment standard because it results in the diminishment of Black voters' ability to elect their candidates of choice, citing the changes made to Congressional District 5. Second, they assert the plan was intended to abridge or diminish minority voting strength by targeting minority populations in North Florida, Tampa Bay, and Central Florida to draw them out of "minority-opportunity" districts. Third, they allege the plan was drawn with an intent to favor the Republican Party and disfavor the Democratic Party, specifically citing the configuration of Congressional Districts 4, 5, 7, 10, 11, 13, 14, 26, and 27. Fourth, they claim the plan contains districts which fail to comply with the compactness criterion, specifically Congressional Districts 7, 13, and 14. Finally, they assert several districts within the plan, namely Congressional Districts 4, 5, 13, and 14, fail to use political and geographic boundaries where feasible. They are seeking a judicial declaration that the plan and/or individual districts within the plan violate the Florida Constitution, an injunction barring the defendants from using or implementing the plan in future elections, and a court order requiring the state to adopt or otherwise adopting a new, constitutionally compliant plan.
On May 12, the circuit court granted the plaintiffs' request for a temporary injunction after finding the plaintiffs were likely to prevail on their claim that Congressional District 5 in the enacted plan violates the non-diminishment standard under article III, Section 20 of the Florida Constitution. The court found that as enacted, District 5 would diminish the ability of Black voters to elect their candidates of choice in North Florida, that the application of the Florida Constitution's non-diminishment standard did not violate the U.S. Constitution's Equal Protection Clause, and that the district's violation of this "tier-one" constitutional standard was controlling over the newly configured district's better compliance with the "tier-two" constitutional standards of compactness and respect for political subdivisions. The court barred the plan from being used in future elections and ordered the plaintiffs' proposed congressional map A, which only affects Districts 2, 3, 4, 5 and 6, be implemented for the 2022 elections. The defendants appealed this decision to the Florida District Court of Appeals the following day, thereby triggering an automatic stay of the Circuit Court's order pending appeal. On May 16, the circuit court granted the plaintiffs' emergency motion to vacate the automatic stay while the appeal is pending.
On May 20, the Florida District Court of Appeals issued an order reinstating the automatic stay while the appeal is pending, citing the exigency of the circumstances and the need for continuity and certainty as the election season approaches. On May 27, the Court of Appeals issued an opinion formally reinstating the stay on the injunction as the case proceeds, stating the temporary injunction was "very likely unlawful" as it was not being used for its purpose to "preserve the status quo." On June 17, the Court of Appeals issued its formal opinion striking down the temporary injunction as unlawful.
On May 23, the plaintiffs filed an emergency petition with the Florida Supreme Court requesting the Court assume jurisdiction over the case, which the Court denied on June 2. On October 27, the plaintiffs voluntarily dismissed their claims as to the compactness and respect for political subdivisions provisions.
Almost a year later a Leon County Circuit Court judge enjoined the use of the congressional map and ordered the legislature to redraw North Florida to include a new version of Florida's 5th Congressional District. The state appealed the decision which immediately stayed the opinion. The appeal is pending before Florida's First District Court of Appeals.
CASE LIBRARY
Florida Circuit Court, Leon County - No. 2022 CA 000666
- Complaint for Injunctive and Declaratory Relief - 4/22/22
- Plaintiffs' Motion for Temporary Injunction - 4/26/22
- Plaintiffs' Memorandum of Law in Support of Motion for Temporary Injunction - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. I of VI) - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. II of VI) - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. III of VI) - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. IV of VI) - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. V of VI) - 4/26/22
- Plaintiffs' Exhibits in Support of Motion for Temporary Injunction (Vol. VI of VI) - 4/26/22
- Attorney General's Response to Plaintiffs' Motion for Temporary Injunction and Plaintiffs' Memorandum of Law in Support of Motion for Temporary Injunction - 5/9/22
- Defendant Secretary of State Laurel M. Lee's Response in Opposition to Plaintiffs' Motion for Temporary Injunction - 5/9/22
- Plaintiffs' Reply Brief in Support of Motion for Temporary Injunction - 5/10/22
- Order Granting Motion for Temporary Injunction - 5/12/22
- Notice of Appeal of a Nonfinal Order - 5/12/22
- Plaintiffs' Emergency Motion to Vacate Automatic Stay Pending Appeal - 5/13/22
- Notice of Hearing - 5/16/22
- Defendant Secretary of State Laurel Lee's Response in Opposition to Plaintiffs' Motion to Vacate the Automatic Stay - 5/16/22
- Plaintiffs' Notice of Filing Affidavit in Support of Plaintiffs' Emergency Motion to Vacate Stay Pending Appeal - 5/16/22
- Order Granting Emergency Motion Vacating Stay Pending Appeal - 5/16/22
- Attorney General's Motion to Dismiss - 5/16/22
- Order Dismissing the Attorney General as a Defendant - 5/17/22
- The Florida House of Representatives' Answer and Affirmative Defenses - 6/6/22
- Answer and Affirmative Defenses of the Florida Senate - 6/6/22
- Secretary of State's Answer and Affirmative Defenses - 6/6/22
- Motion to Dismiss on Behalf of Individual Legislators - 6/6/22
- Plaintiffs' Reply and Claims of Avoidance to Defendant Secretary of State, Defendant Florida House, and Defendant Florida Senate's Affirmative Defenses to Plaintiffs' Complaint - 6/24/22
- Mandate from First District Court of Appeal - 7/6/22
- Individual Legislators' Reply in Support of Their Motion to Dismiss - 7/12/22
- Defendant Secretary of State's First Request for Production of Documents From Plaintiffs - 7/15/22
- Plaintiffs' First Requests for Production to Defendant Florida House of Representatives - 7/20/22
- Plaintiffs' First Requests for Production to Defendant Florida Senate - 7/20/22
- Plaintiffs' First Requests for Production to Defendant Secretary of State - 7/20/22
- Order Granting Individual Legislators' Motion to Dismiss - 7/22/22
- Plaintiffs' Notice of Intent to Serve Subpoena Duces Tecum Without Deposition on Non-Parties - 7/26/22
- Defendant the Florida Senate's First Request for Production to Organizational Plaintiffs - 7/28/22
- Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 7/28/22
- Plaintiff Black Voters Matter Capacity Building Institute, Inc.'s Notice of Service of Objections and Responses to Florida Secretary of State's First Set of Interrogatories - 8/16/22
- Plaintiffs' Objections and Responses to Defendant Secretary of State's First Request for Production of Documents to Plaintiffs - 8/16/22
- Responses and Objections to Plaintiffs' First Requests for Production to Defendant the Florida Senate - 8/19/22
- Defendant Secretary of State's Response to Plaintiffs' First Requests for Production - 8/19/22
- Joint Scheduling Proposal - 8/24/22
- Defendants' Motion for Partial Summary Judgment - 8/25/22
- Governor and J. Alex Kelly's Motion to Quash & For Protection From Subpoenas Duces Tecum for Deposition - 9/6/22
- Plaintiff Black Voters Matter Capacity Building Institute's Objections and Responses to Defendant the Florida Senate's First Request for Production to Organizational Plaintiffs - 9/6/22
- Plaintiff Equal Ground Education Fund's Objections and Responses to Defendant the Florida Senate's First Request for Production to Organizational Plaintiffs - 9/6/22
- Plaintiff Florida Rising Together's Objections and Responses to Defendant the Florida Senate's First Request for Production to Organizational Plaintiffs - 9/6/22
- Plaintiffs League of Women Voters of Florida, Inc., and League of Women Voters of Florida Education Fund, Inc.'s Objections and Responses to Defendant the Florida Senate's First Request for Production to Organizational Plaintiffs - 9/6/22
- Plaintiff Beatriz Alonso's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Anaydia Connolly's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Reginal Gundy's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Andrea Hershorin's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Kisha Linebaugh's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Cynthia Lippert's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Brandon Nelson's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Gonzalo Pedroso's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Phyllis Wiley's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Kaitlyn Arrows' Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Plaintiff Sylvia Young's Objections and Responses to Defendant the Florida Senate's First Request for Production to Individual Plaintiffs - 9/6/22
- Florida House of Representatives and Florida Senate's Notice of Joinder - 9/6/22
- Notice of Hearing on Defendants' Motion for Partial Summary Judgment - 9/7/22
- Plaintiffs' Motion to Deny or Defer Consideration of Defendants' Partial Motion for Summary Judgment - 9/9/22
- Affidavit of Counsel in Support of Plaintiffs' Rule 1.510(d) Motion - 9/9/22
- Affidavit of Dr. Stephen Ansolabehere - 9/9/22
- Defendants' Response to Motion to Deny or Defer Consideration of Defendants' Partial Motion for Summary Judgment - 9/20/22
- Order Denying Plaintiffs' Motion to Deny or Defer Consideration of Defendants' Partial Motion for Summary Judgment - 9/29/22
- Scheduling Order - 9/29/22
- Plaintiffs' Opposition to Third-Parties' Motion for Protective Order - 10/3/22
- Motion for Protective Order Preventing Depositions of Individual Legislators and Staff - 10/10/22
- Notice of Hearing on Protective Order Motion - 10/11/22
- Notice of Hearing on Motion to Quash - 10/12/22
- Defendant Secretary of State's Response to Plaintiffs' Second Requests for Production - 10/13/22
- Plaintiffs' Notice of Supplemental Exhibit - 10/17/22
- Reply in Support of Motion to Quash and for Protection From Subpoena Duces Tecum for Deposition - 10/17/22
- Responses and Objections to Plaintiffs' Second Requests for Production to Defendant the Florida Senate - 10/17/22
- Plaintiffs' Opposition to Motion to Quash Depositions of Legislators and Staff - 10/17/22
- Reply in Support of Motion for Protective Order Preventing Depositions of Individual Legislators and Staff - 10/19/22
- Plaintiffs' Notice of Dismissal of Count IV and Count V of Plaintiffs' Complaint for Injunctive and Declaratory Relief - 10/27/22
- Order on Motion for Protective Order Preventing Depositions of Individual Legislators and Staff - 10/27/22
- Order on Governor and J. Alex Kelly's Motion to Quash & for Protection From Subpoenas Duces Tecum for Deposition - 10/27/22
- Notice of Dismissal by Plaintiff Ileana Caban of All Counts of Plaintiffs' Complaint - 11/10/22
- Plaintiffs' Notice of Intent to Serve Subpoenas Duces Tecum Without Deposition on Non-Parties - 11/10/22
- Notice of Appeal - 11/28/22
- Combined Response to Subpoenas Duces Tecum to Non-Party Florida Democratic House Members - 12/12/22
- Order to Seal - 12/15/22
- Supplemental Order on Governor and J. Alex Kelly's Motion to Quash & For Protection From Subpoenas Duces Tecum for Deposition After in Camera Review - 12/15/22
- Non-Parties Executive Office of the Governor and J. Alex Kelly's Notice of Submitting Limited Motion for Rehearing - 12/30/22
- Plaintiffs' Opposition to the Non-Parties' Motion for Rehearing - 1/9/23
- Motion for Leave to File Amended Complaint - 1/13/23
- Order Denying Motion for Rehearing - 1/17/23
- Stipulation to File Amended Complaint and Joint Motion to Extend Responsive Deadlines - 2/6/23
- Order Granting Plaintiffs' Motion for Leave to File Amended Complaint and Joint Motion to Extend Responsive Deadlines - 2/7/23
- Amended Complaint for Injunctive and Declaratory Relief - 2/8/23
- Motion for Protective Order - 3/1/23
- Unopposed Motion to Extend Expert Discovery Deadlines - 3/2/23
- [Proposed] Order Granting Defendant's Unopposed Motion to Extend Expert Discovery Deadlines - 3/3/23
- Order Denying in Part Non-Parties' Motion for Protective Order and Order to Set for Hearing - 3/10/23
- Plaintiffs' Motion to Rule on Objection to Non-Party Document Subpoena - 3/24/23
- Plaintiffs' Renewed Motion to Rule on Objection to Non-Party Document Subpoena - 3/28/23
- Unopposed Motion to Modify Scheduling Order - 4/10/23
- Order Granting Unopposed Motion to Modify Scheduling Order - 4/11/23
- Plaintiffs' Motion to Strike Affirmative Defenses - 4/14/23
- Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Strike Affirmative Defenses - 4/20/23
- Order Granting Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Strike Affirmative Defenses - 4/21/23
- Order on Plaintiffs' Motion to Strike Affirmative Defenses - 6/12/23
- Order to Show Cause - 6/15/23
- Agreed Order Modifying Scheduling Order - 6/16/23
- Plaintiffs' Motion for Judgment on the Pleadings as to Specific Affirmative Defenses - 6/16/23
- Plaintiffs' Motion for Summary Judgment - 6/23/23
- Defendants' Motion for Partial Summary Judgment - 6/23/23
- Order on Plaintiffs' Renewed Motion to Rule on Objection to Non-Party Document Subpoena - 6/29/23
- Stipulation Regarding Plaintiffs' Motion in Limine - 7/7/23
- Order on Plaintiffs' Motion in Limine to Preclude Defendants from Using Privilege as Sword and Shield - 7/10/23
- Order on Defendants' Motion for Partial Summary Judgment - 7/14/23
- Order on Schedule - 8/2/23
- Joint Stipulation to Narrow Issues for Resolution - 8/11/23
- Joint Notice and Motion to Amend Scheduling Order - 8/11/23
- Order Granting Joint Motion to Amend Scheduling Order - 8/13/23
- Exhibit Appendix - 8/16/23
- Exhibit Appendix - Volume 2 of 4 - 8/16/23
- Exhibit Appendix - Volume 3 of 4 - 8/16/23
- Exhibit Appendix - Volume 4 of 4 - 8/16/23
- Secretary of State's Trial Brief and Incorporated Memorandum of Law - 8/16/23
- Florida Legislature's Trial Brief - 8/16/23
- Plaintiffs' Brief on Outstanding Legal Issues - 8/16/23
- Motion for Leave to File Amicus Curiae Brief of Dr. J. Morgan Kousser - 8/18/23
- Florida Senate's Motion for Leave to Amend Affirmative Defenses - 8/25/23
- Order Granting Florida Senate's Motion for Leave to Amend Affirmative Defenses - 9/1/23
- Order Granting Plaintiff's Amended Motion to Strike Secretary's Exhibits - 9/1/23
- Final Order After Hearing and Final Judgment - 9/2/23
- Notice of Appeal - 9/4/23
Florida District Court of Appeal, First District - No. 1D22-1470 [Byrd v. Black Voters Matter Capacity Building Inst., Inc.]
- Defendant Secretary of State Laurel Lee's Amended Notice of Appeal - 5/13/22
- Acknowledgement of New Case - 5/13/22
- Appellees' Suggestion for Certification - 5/13/22
- Emergency Motion to Reinstate Automatic Stay - 5/18/22
- Appellees' Emergency Suggestion for Certification - 5/18/22
- Appellees' Notice of Intent to File Expedited Response and Response Time Request - 5/18/22
- Order - 5/18/22
- Response in Opposition to Emergency Suggestion for Certification Dated May 18, 2022 - 5/18/22
- Notice of Joinder - 5/18/22
- Appellees' Response to Appellant's Emergency Motion to Reinstate Automatic Stay - 5/19/22
- Motion for Leave to File Reply - 5/19/22
- Order - 5/20/22
- Appellees' Emergency Motion to Expedite Review of Motion to Certify Appeal - 5/23/22
- Response in Opposition to Suggestion for Certification Filed on May 13, 2022, and Motion to Expedite Review of Same - 5/23/22
- Order - 5/24/22
- Opinion - 5/27/22
- Notice - 5/27/22
- Notice - 6/1/22
- Opinion - 6/17/22
Florida Supreme Court - No. SC22-685
- Emergency Petition for Constitutional Writ - 5/23/22
- Petitioners' Emergency Motion to Expedite Review of Emergency Petition for Constitutional Writ - 5/23/22
- Order - 5/23/22
- Disposition Order - 6/2/22
Florida District Court of Appeal, First District - No. 1D22-3834
- Acknowledgement of New Case - 12/1/22
Florida District Court of Appeal, First District - No. 1D23-2252
- Defendants' Notice of Appeal - 9/6/23
- Acknowledgement of New Case - 9/7/23
- Joint Time Sensitive Suggestion for Pass-Through Certification - 9/8/23
- Order of the Court - 9/18/23
- Joint Stipulation Regarding Briefing Schedule - 9/20/23
- Order of the Court - 9/21/23