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Federal District Court Preliminarily Blocks FL SOS Barring College Campus Locations as Early Voting Sites


The Case is 4:18-cv-00251-MW-CAS, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION, LEAGUE OF WOMEN VOTERS OF FLORIDA, INC., et al., v. KENNETH W. DETZNER, in his Official Capacity as the Florida Secretary of State.

Despite Early Voting’s Popularity among Florida’s College Students, No Early Voting site can exist on a College or University Campus, as a Direct result of Secretary of State Kenneth Detzner’s (“Defendant”) Opinion DE 14-01 (the “Opinion”), ECF No. 24, Ex. A,2 issued through the Division of Elections, none of the nearly 830,000 Students Enrolled in a Public University or College can Vote early on Campus. And none of the 68% of Gainesville Residents affiliated with UF or Santa Fe College can Vote Early where they work, Study, or, for Thousands of Students, live.

The Court Granted a Preliminary Injunction in League of Women Voters v. Detzner.

In addition to applying the Anderson-Burdick Balancing Test for Equal Protection Claims, the Court also applied a Twenty-Sixth Amendment Analysis, finding that the Secretary of State’s Opinion barring College Campus Locations as Early Voting Sites was Pretextual Discrimination in Voting on the basis of Age.

We are likely to see this 26th Amendment Analysis used in the Lower Courts, and potentially end up before the Supreme Court in the next few years, either in this Case or another.

CLICK HERE to read the 40 page (pdf) Preliminary Injunction.









NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


This post first appeared on The Independent View, please read the originial post: here

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Federal District Court Preliminarily Blocks FL SOS Barring College Campus Locations as Early Voting Sites

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