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GLENTON GILZEAN JR. VS LAUREL M. LEE, ETC., ET AL.
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SC2020-1480
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2020-10-13
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Closed
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|
| Classification |
Original Proceedings - Writ - Mandamus
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| Court |
Supreme Court of Florida
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Parties
| Name |
Glenton Gilzean Jr.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Todd K. Norman, Benjamin Burleson, Anne Corcoran
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|
| Name |
Laurel M. Lee
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ashley E. Davis, Colleen E. O'Brien, Bradley R. McVay
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Respondent
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| Status |
Active
|
| Representations |
Edward M. Wenger, Michael R. Beato, Amit Agarwal, Mohammad O. Jazil
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|
| Name |
FLORIDA ELECTIONS CANVASSING COMMISSION
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
ALL VOTERS VOTE, INC.
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| Role |
Amicus - No Position
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| Status |
Active
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| Representations |
Glenn Burhans Jr., Eugene E. Stearns, Abigail G. Corbett
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Docket Entries
| Docket Date |
2020-10-28
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| Type |
Disposition
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| Subtype |
Mandamus Deny
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| Description |
DISP-MANDAMUS DY ~ Glenton Gilzean, Jr., petitions us for a writ of mandamus directing the Secretary of State and the Elections Canvassing Commission of the State of Florida to refrain from canvassing or reporting the votes now being cast on the initiative that is Proposed Amendment 3 on the ballot for the general election of November 3, 2020. Either that, he says, or we ought to direct the Elections Canvassing Commission not to certify the election results as to Proposed Amendment 3 when the voting is done. We have jurisdiction. See Art. V, § 3(b)(8), Fla. Const. To be entitled to mandamus relief, "the petitioner must have a clear legal right to the requested relief, the respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy available." Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000); see also Pleus v. Crist, 14 So. 3d 941, 945 (Fla. 2009). Because Petitioner has failed to demonstrate any of those things, we deny the Petition. No motion for rehearing, clarification or reinstatement will be entertained by this Court.
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| Docket Date |
2020-10-23
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
REPLY TO RESPONSE ~ Reply Memorandum in Support of Emergency Petition for Writ of Mandamus
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| On Behalf Of |
Glenton Gilzean Jr.
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| View |
View File
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|
| Docket Date |
2020-10-20
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ Response in Opposition to Emergency Petition for Writ of Mandamus
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| On Behalf Of |
State of Florida
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| View |
View File
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| Docket Date |
2020-10-20
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| Type |
Brief
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| Subtype |
Amicus Curiae Initial
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| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ Amicus Curiae Brief of All Voters Vote, Inc. in Opposition to the Emergency Petition
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| On Behalf Of |
All Voters Vote, Inc.
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| View |
View File
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| Docket Date |
2020-10-16
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| Type |
Order
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| Subtype |
Amicus Curiae
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| Description |
ORDER-AMICUS CURIAE GR ~ The Emergency Motion to Intervene, or In The Alternative, for Leave to File Amicus Curiae Brief, By All Voters Vote, Inc. is hereby granted in part and All Voters Vote, Inc. is allowed to file an amicus brief in this case. The brief by the above referenced amicus curiae shall be served on or before October 20, 2020, pursuant to Florida Rule of Appellate Procedure 9.370(c).
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| Docket Date |
2020-10-16
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ Petitioner's Response in Opposition to All Voters Vote, Inc.'s Emergency Motion to Intervene, and Consent to Alternative Motion for Leave to File Amicus Curiae Brief
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| On Behalf Of |
Glenton Gilzean Jr.
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| View |
View File
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| Docket Date |
2020-10-15
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| Type |
Motion
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| Subtype |
Intervene
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| Description |
MOTION-INTERVENE ~ Emergency Motion to Intervene, or In The Alternative, for Leave to File Amicus Curiae Brief, By All Voters Vote, Inc.
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| On Behalf Of |
All Voters Vote, Inc.
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| View |
View File
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| Docket Date |
2020-10-15
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| Type |
Miscellaneous Document
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| Subtype |
Pay Motion to Intervene Fee-295
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| Description |
PAY MOTION TO INTERVENE FEE-295 ~ w/ MOTION-INTERVENE
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| On Behalf Of |
All Voters Vote, Inc.
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|
| Docket Date |
2020-10-13
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| Type |
Event
|
| Subtype |
Fee Paid Through Portal
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| Description |
Fee Paid Through Portal
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|
| Docket Date |
2020-10-13
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| Type |
Motion
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| Subtype |
Request-Oral Argument
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| Description |
REQUEST-ORAL ARGUMENT ~ Filed as "Petitioner's Request for Expedited Oral Argument"
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| On Behalf Of |
Glenton Gilzean Jr.
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| View |
View File
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| Docket Date |
2020-10-13
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| Type |
Order
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| Subtype |
Response/Reply Requested
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| Description |
ORDER-RESPONSE/REPLY REQUESTED ~ Petitioner has filed a petition for writ of mandamus. Respondent is hereby requested to file a response to the above-referenced petition on or before October 20, 2020. Petitioner may file a reply on or before October 23, 2020.
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| Docket Date |
2020-10-13
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case
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| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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|
| Docket Date |
2020-10-13
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2020-10-13
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| Type |
Petition
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| Subtype |
Petition Filed
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| Description |
PETITION-MANDAMUS ~ Filed as "Emergency Petition for Writ of Mandamus"
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| On Behalf Of |
Glenton Gilzean Jr.
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| View |
View File
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ADVISORY OPINION TO THE ATTORNEY GENERAL VS RE: ALL VOTERS VOTE IN PRIMARY ELECTIONS FOR STATE LEGISLATURE, GOVERNOR, AND CABINET (FIS)
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SC2019-1505
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2019-09-09
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Closed
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| Classification |
Original Proceedings - Advisory Opinion - AO to Attorney General
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| Court |
Supreme Court of Florida
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Parties
| Name |
ALL VOTERS VOTE, INC.
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| Role |
Petitioner
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| Status |
Active
|
|
| Name |
All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet
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| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Glenn Burhans Jr.
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| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Advisory Opinion to the Attorney General
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| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Edward M. Wenger, Hon. Ashley Moody
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|
| Name |
Glenn Burhans Jr.
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| Role |
Sponsor
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| Status |
Active
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Docket Entries
| Docket Date |
2019-12-19
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| Type |
Disposition
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| Subtype |
Dism Misc
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| Description |
DISP-DISMISSED MISC. ~ This proceeding, in which the Attorney General seeks direct review by this Court of a financial impact statement corresponding to an initiative petition proposing an amendment to the Florida Constitution, is hereby dismissed for lack of jurisdiction. See Advisory Op. to the Att'y Gen. re Raising Florida's Minimum Wage, Nos. SC19-548 & SC19-736, slip op. at 14 (Fla. Dec. 19, 2019).
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| Docket Date |
2019-12-03
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| Type |
Event
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| Subtype |
Oral Argument Held
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| Description |
ORAL ARGUMENT HELD
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| Docket Date |
2019-11-21
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| Type |
Notice
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| Subtype |
Counsel Substitution
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| Description |
NOTICE-COUNS SUBSTITUTION ~ Filed as "Motion to Withdraw as Counsel and Notice of Appearance"
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| Docket Date |
2019-10-30
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| Type |
Brief
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| Subtype |
Reply-Merit (Amended)
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| Description |
REPLY AMD BRIEF-MERITS ~ Amended Reply Brief of the Sponsor All Voters Vote, Inc.
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| On Behalf Of |
All Voters Vote, Inc.
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|
| Docket Date |
2019-10-29
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| Type |
Order
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| Subtype |
Brief/Appendix Stricken (Non-Compliance)
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| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ The Reply Brief of the Sponsor All Voters Vote, Inc., which was filed with this Court on October 28, 2019, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. All Voters Vote, Inc. is hereby directed, on or before November 5, 2019, to file an amended reply brief which does not exceed fifteen pages.
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| Docket Date |
2019-10-28
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| Type |
Brief
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| Subtype |
Reply-Merit
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| Description |
REPLY BRIEF-MERITS ~ Reply Brief of the Florida Democratic Party Opposing Proposed Amendment
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| On Behalf Of |
All Voters Vote, Inc.
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|
| Docket Date |
2019-10-16
|
| Type |
Brief
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| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Republican Party of Florida in Opposition to the Initiative
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| On Behalf Of |
All Voters Vote, Inc.
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|
| Docket Date |
2019-10-11
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| Type |
Order
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| Subtype |
OA Schedule
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| Description |
ORDER-OA SCHED ~ The above cases are hereby scheduled for oral argument at 9:00 a.m., Tuesday, December 3, 2019. A maximum of twenty minutes to the side is allowed for the argument.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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| Docket Date |
2019-10-01
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| Type |
Notice
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| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
All Voters Vote, Inc.
|
|
| Docket Date |
2019-10-01
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| Type |
Brief
|
| Subtype |
Initial-Merit
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| Description |
INITIAL BRIEF-MERITS ~ Brief of the Florida Democratic Party Opposing Proposed Amendment
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| On Behalf Of |
All Voters Vote, Inc.
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|
| Docket Date |
2019-09-11
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| Type |
Order
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| Subtype |
OA & Brief Sched (AG Advisory Opin)
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| Description |
ORDER-OA&BRIEF SCHED (AG ADVISORY OPIN) ~ The above cases are hereby consolidated, on the Court's own motion, for all purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Court's EFiling Portal using case number SC19-1267 only. Pursuant to the provisions of article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, the Attorney General of Florida has requested this Court's opinion as to whether the text of the proposed amendment titled "All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet" complies with article XI, section 3, Florida Constitution, and whether the proposed ballot title and substance comply with section 101.161, Florida Statutes. Section 16.061, Florida Statutes, requires the Attorney General, within thirty days after receipt of the proposed amendment or revision to the State Constitution by initiative petition, to petition this Court for an advisory opinion regarding compliance of the text of the proposed amendment with article XI, section 3, Florida Constitution, and compliance of the proposed ballot title and substance with section 101.161, Florida Statutes. The full text of the Attorney General's letter is attached hereto as an exhibit and made a part thereof. On August 23, 2019, the Financial Impact Estimating Conference, in accordance with the provisions of section 100.371(5)(a), Florida Statutes, forwarded to the Office of the Attorney General a financial impact statement on the initiative petition. Section 16.061(3), Florida Statutes, provides for this Honorable Court to review the financial impact statement to determine whether it is in accordance with section 100.371, Florida Statutes. IT IS, THEREFORE, the order of the Court that interested parties must file their responses on or before October 1, 2019 and serve a copy thereof on the Attorney General. Answer briefs must be filed on or before October 16, 2019. Replies must be filed on or before October 28, 2019. Briefs submitted will be available on the Court's public online docket at http://onlinedocketssc.flcourts.org/DocketResults/CaseByYear?CaseNumber=1267 &CaseYear=2019 The Court will make a final determination regarding OA at a later date. However, interested parties should be prepared for oral argument during the week of December 2-6, 2019. Parties will be notified approximately forty days prior to oral argument. Parties who have filed a response and have asked to be heard may, in the Court's discretion, be permitted to participate in oral argument.
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| Docket Date |
2019-09-09
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| Type |
Event
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| Subtype |
No Fee Required
|
| Description |
No Fee Required
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|
| Docket Date |
2019-09-09
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
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|
| Docket Date |
2019-09-09
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| Type |
Petition
|
| Subtype |
Request for Advisory Opinion
|
| Description |
REQUEST-ADVISORY OPINION (ATTY GEN)
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| On Behalf Of |
Advisory Opinion to the Attorney General
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| View |
View File
|
|
| Docket Date |
2019-09-09
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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|
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ADVISORY OPINION TO THE ATTORNEY GENERAL VS RE: ALL VOTERS VOTE IN PRIMARY ELECTIONS FOR STATE LEGISLATURE, GOVERNOR, AND CABINET
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SC2019-1267
|
2019-07-26
|
Closed
|
|
| Classification |
Original Proceedings - Advisory Opinion - AO to Attorney General
|
| Court |
Supreme Court of Florida
|
Parties
| Name |
All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Advisory Opinion to the Attorney General
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Hon. Ashley Moody
|
|
| Name |
ALL VOTERS VOTE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Eugene E. Stearns, Glenn Burhans Jr.
|
|
| Name |
FLORIDA DEMOCRATIC PARTY
|
| Role |
Opponent
|
| Status |
Active
|
| Representations |
Mark Herron, Robert A. McNeely
|
|
| Name |
REPUBLICAN PARTY OF FLORIDA
|
| Role |
Opponent
|
| Status |
Active
|
| Representations |
Benjamin Gibson, Daniel E. Nordby, Amber Stoner Nunnally
|
|
| Name |
Hon. Ashley Moody
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| Role |
Opponent
|
| Status |
Active
|
| Representations |
Jeffrey Paul DeSousa, Amit Agarwal
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Docket Entries
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ The Reply Brief of the Sponsor All Voters Vote, Inc., which was filed with this Court on October 28, 2019, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. All Voters Vote, Inc. is hereby directed, on or before November 5, 2019, to file an amended reply brief which does not exceed fifteen pages.
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| Docket Date |
2020-04-13
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| Type |
Miscellaneous Document
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| Subtype |
Publish Full
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| Description |
PUBLISH FULL
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| View |
View File
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|
| Docket Date |
2020-03-25
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| Type |
Miscellaneous Document
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| Subtype |
West Correspondence
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| Description |
WEST CORRESPONDENCE ~ ATTENTION: ALL PUBLISHERSTHE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION:On page 9, lines 8-9, "NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED." has been changed to "ANY MOTION FOR REHEARING OR CLARIFICATION MUST BE FILED BY 9:00 A.M. ON FRIDAY, MARCH 27, 2020. A RESPONSE TO THE MOTION FOR REHEARING/CLARIFICATION MAY BE FILED BY 9:00 A.M. ON SATURDAY, MARCH 28, 2020. NOT FINAL UNTIL THIS TIME PERIOD EXPIRES TO FILE A REHEARING/CLARIFICATION MOTION AND, IF FILED, DETERMINED."
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| View |
View File
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| Docket Date |
2020-03-19
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| Type |
Disposition
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| Subtype |
Approved
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| Description |
DISP-APPROVED ~ FSC-OPINION: For these reasons, we hold that the Initiative meets the legal requirements of article XI, section 3, of the Florida Constitution, and that the ballot title and summary comply with section 101.161(1). Accordingly, we approve the Initiative for placement on the ballot. It is so ordered. ***Corrected opinion issued March 25, 2020.***
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| View |
View File
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| Docket Date |
2019-12-31
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| Type |
Order
|
| Subtype |
Counsel Withdrawal
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| Description |
ORDER-COUNS WITHDRAWAL GR ~ The Motion to Withdraw as Counsel is granted and Edward M. Wenger is hereby allowed to withdraw as co-counsel for Honorable Ashley Moody, Attorney General.
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|
| Docket Date |
2019-12-30
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| Type |
Motion
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| Subtype |
Couns Withdrawal
|
| Description |
MOTION-COUNS WITHDRAWAL
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| On Behalf Of |
Hon. Ashley Moody
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| View |
View File
|
|
| Docket Date |
2019-12-03
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| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
NOTICE-COUNS SUBSTITUTION ~ Filed as "Motion to Withdraw as Counsel and Notice of Appearance"
|
| On Behalf Of |
Hon. Ashley Moody
|
| View |
View File
|
|
| Docket Date |
2019-10-30
|
| Type |
Brief
|
| Subtype |
Reply-Merit (Amended)
|
| Description |
REPLY AMD BRIEF-MERITS ~ Amended Reply Brief of the Sponsor All Voters Vote, Inc.
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| On Behalf Of |
All Voters Vote, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-10-16
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Republican Party of Florida in Opposition to the Initiative
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| On Behalf Of |
REPUBLICAN PARTY OF FLORIDA
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| View |
View File
|
|
| Docket Date |
2019-10-01
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ Attorney General's Initial Brief
|
| On Behalf Of |
Hon. Ashley Moody
|
| View |
View File
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
OA Schedule
|
| Description |
ORDER-OA SCHED ~ The above cases are hereby scheduled for oral argument at 9:00 a.m., Tuesday, December 3, 2019. A maximum of twenty minutes to the side is allowed for the argument.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
All Voters Vote, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-07-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
| Docket Date |
2019-07-29
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2019-07-29
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2019-07-26
|
| Type |
Petition
|
| Subtype |
Request for Advisory Opinion
|
| Description |
REQUEST-ADVISORY OPINION (ATTY GEN)
|
| On Behalf Of |
Advisory Opinion to the Attorney General
|
| View |
View File
|
|
| Docket Date |
2019-10-28
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ Appendix to Reply Brief of the Sponsor All Voters Vote, Inc.
|
| On Behalf Of |
All Voters Vote, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-09-11
|
| Type |
Order
|
| Subtype |
OA & Brief Sched (AG Advisory Opin)
|
| Description |
ORDER-OA&BRIEF SCHED (AG ADVISORY OPIN) ~ The above cases are hereby consolidated, on the Court's own motion, for all purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Court's EFiling Portal using case number SC19-1267 only. Pursuant to the provisions of article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, the Attorney General of Florida has requested this Court's opinion as to whether the text of the proposed amendment titled "All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet" complies with article XI, section 3, Florida Constitution, and whether the proposed ballot title and substance comply with section 101.161, Florida Statutes. Section 16.061, Florida Statutes, requires the Attorney General, within thirty days after receipt of the proposed amendment or revision to the State Constitution by initiative petition, to petition this Court for an advisory opinion regarding compliance of the text of the proposed amendment with article XI, section 3, Florida Constitution, and compliance of the proposed ballot title and substance with section 101.161, Florida Statutes. The full text of the Attorney General's letter is attached hereto as an exhibit and made a part thereof. On August 23, 2019, the Financial Impact Estimating Conference, in accordance with the provisions of section 100.371(5)(a), Florida Statutes, forwarded to the Office of the Attorney General a financial impact statement on the initiative petition. Section 16.061(3), Florida Statutes, provides for this Honorable Court to review the financial impact statement to determine whether it is in accordance with section 100.371, Florida Statutes. IT IS, THEREFORE, the order of the Court that interested parties must file their responses on or before October 1, 2019 and serve a copy thereof on the Attorney General. Answer briefs must be filed on or before October 16, 2019. Replies must be filed on or before October 28, 2019. Briefs submitted will be available on the Court's public online docket at http://onlinedocketssc.flcourts.org/DocketResults/CaseByYear?CaseNumber=1267 &CaseYear=2019 The Court will make a final determination regarding OA at a later date. However, interested parties should be prepared for oral argument during the week of December 2-6, 2019. Parties will be notified approximately forty days prior to oral argument. Parties who have filed a response and have asked to be heard may, in the Court's discretion, be permitted to participate in oral argument.
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| View |
View File
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