Peter Schorsch
Last Call — A prime-time read of what’s going down in Florida politics.
First Shot
Yet another federal lawsuit has been filed the aftermath of the 2018 midterm election in Florida.
Miami attorney Benedict P. Kuehne, on behalf of eight registered voters in Florida, filed suit late Tuesday afternoon against Secretary of State Ken Detzner, the state’s chief elections officer; Division of Elections director Maria Matthews; and supervisors of elections in 15 counties.
The complaint? He wants the court to “compel Florida elections officials to comply with their required duties to preserve election ballot materials for a period of twenty-two (22) months following every federal election.”
“Florida elections officials are not preserving digital electronic ballot images for the Nov. 6, 2018, general election, which includes a federal election for U.S. Senate and U.S. congressional elections,” he wrote.
“Because of the scheduled statewide recounts commencing as soon as Sunday, Nov. 11, 2018, the unpreserved digital ballot images are in danger of being obliterated and overwritten by the tabulation of recounted ballots.”
More to the point, some counties are saving the digital images, he says, but others aren’t and “such disparate treatment violates voters’ right to equal protection” under the U.S. Constitution.
The case has been assigned to Senior U.S. District Judge Robert Hinkle.
The Daily Business Review reported last week that Kuehne “was “monitoring (election) litigation for Democratic Agriculture Commissioner candidate Nikki Fried.”
Kuehne’s an old pro at election-related litigation. He “represented Vice President Al Gore and the Gore/Lieberman Recount Committee as trial co-counsel in the 2000 election recount trial and appeals” to the Florida Supreme Court, 11th Circuit Court of Appeals, and U.S. Supreme Court, his bio says.
The filing is here.
Evening Reads
“Judge orders recount extended for Palm Beach County to Nov. 20” via Alexandra Seltzer of the Palm Beach Post
“FL election is on a fast and furious train of lawsuits and stakes are high. When will it end? At the U.S. Supreme Court?” via Diane Rado, CD Davidson-Hiers and Mitch Perry of the Florida Phoenix
“What’s happening in Florida is a nightmare. 2020 could be so much worse.” via Richard Hasen of Slate
“‘Magic words,’ consistency rule targeted in Bill Nelson’s recount lawsuit” via Marc Caputo of POLITICO Florida
“Rick Scott goes Trump as Ron DeSantis goes ‘statesman’ in Florida recount” via Marc Caputo of POLITICO Florida
“Inside the Republican strategy to discredit the Florida recount” via Jeremy W. Peters and Maggie Haberman of The New York Times
“FDLE commissioner to Pam Bondi: I’m ‘deeply troubled’ you think I wouldn’t investigate voter fraud” via Lawrence Mower of the Tampa Bay Times
“As recount politics heat up, two Florida election officials are the targets of online harassment” via Craig Timberg and Reth Reinhard of The Washington Post
“Must-see video: Broward County elections officials block view as ballots are bundled and bagged in Davie voting center” via Jim Hoft of TheGatewayPundit.com
“Pop quiz: How to tell if a Florida vote should count” via Zachary Sampson of the Tampa Bay Times
“Florida recount: What’s true and what’s false” via Dan Sweeney of the Sun Sentinel
Quote of the Day
“When will Bill Nelson concede in Florida? The characters running Broward and Palm Beach voting will not be able to ‘find’ enough votes, too much spotlight on them now!” — President Donald Trump, tweeting Tuesday.
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Wake Up Early?
State lobbyists face a Wednesday deadline for filing reports showing their compensation from July 1 through Sept. 30.
Former Congressmen David Jolly and Patrick Murphy will speak at a Palm Beach North Chamber of Commerce breakfast event about “Why Gridlock Rules Washington and How We Can Solve the Crisis.” That’s at 7:15 a.m., Palm Beach Gardens Marriott, 4000 RCA Blvd., Palm Beach Gardens.
Former Florida CFO Alex Sink will be keynote speaker at the Excellence In Industry Awards, presented by The Naples Chamber, recognizing Collier County businesses and individuals that “exemplify innovation, economic diversification and community enhancement.” That’s at 8 a.m., Silverspot Cinema — Naples, 9118 Strada Place-#8205, Naples.
The Florida Priorities Summit will include a series of panel discussions about solving policy issues facing the state, with Rep. Holly Raschein, a Key Largo Republican who will take part in a discussion about environmental issues, and state Sen. Anitere Flores, a Miami Republican, among others. That’s at 8 a.m., University of Miami, Donna E. Shalala Student Center, 1330 Miller Dr., Coral Gables.
The Marjory Stoneman Douglas High School Public Safety Commission continues a four-day meeting in Broward County. That’s at 8:30 a.m., BB&T Center, Chairman’s Club, 1 Panther Parkway, Sunrise.
The Florida Elections Commission will start a two-day meeting that will include interviewing candidates to become the commission’s executive director. That’s at 9 a.m., 110 Senate Office Building, the Capitol.
The Florida Retail Federation will hold a media conference call to release a holiday shopping forecast. That’s at 11 a.m. Call-in number: 1-877-868-6863. Code: 841132.
Chief U.S. District Judge Mark Walker will hold a hearing in a lawsuit challenging a Florida law that requires elections supervisors to toss out provisional and mail-in ballots if voters’ signatures don’t match the ones on file. That’s at 1 p.m., United States Courthouse, 111 North Adams St., Tallahassee.
The Florida League of Mayors will host a community service project, the kickoff event for League President Matthew Surrency’s “Mayors Serve Local” initiative. That’s at 1:30 p.m., Osceola Council on Aging, 700 Generation Point, Kissimmee.
The Revenue Estimating Conference will analyze “Article V” revenues, which are used to help fund the court system. That’s at 1:30 p.m., 117 Knott Building, the Capitol.
The Florida Venture Forum, in partnership with Space Florida, will hold a Florida Aerospace Capital Forum, to “broaden the spectrum of early-stage Florida-based aerospace companies and entrepreneurs.” That’s at 1:30 p.m. Guidewell Innovation Center, 6555 Sanger Road, Orlando.
Professor Emeritus of Political Science Bryon Shafer of the University of Wisconsin-Madison will present “Interpreting an Era of Partisan Volatility: The 2018 Elections in Context” as part of the Florida State University College of Social Sciences and Public Policy’s Anderson-Ashby Lectureship on Public Policy Journalism. That’s at 5 p.m., FSU Claude Pepper Center Broad Auditorium, 636 W. Call St., Tallahassee.
The Broward County legislative delegation will hold an organizational meeting as it begins to prepare for the 2019 session. That’s at 6 p.m., Broward College, Bailey Hall, 3501 S.W. Davie Road, Davie.
