Lawsuit brought by left-wing activist lawyer Marc Elias challenging Florida’s election reform initiative Senate Bill 90. The plaintiffs argued that provisions such as drop box restrictions, mail-in ballot repeat request requirements, and the line-warming ban violated constitutional rights and voting protections.
The defendants, including all 67 Florida counties, defended these provisions as reasonable measures to safeguard election integrity and prevent undue influence at polling places. Following a trial in which the district court struck down several provisions and placed Florida under preclearance requirements, the defendants successfully appealed to the 11th U.S. Circuit Court of Appeals.
On April 27, 2023, the 11th Circuit substantially reversed the district court’s decision, ruling that the provisions do not violate the 14th and 15th Amendments or the Voting Rights Act. The court also narrowed the scope of the line-warming ban, finding only one specific phrase unconstitutionally vague while upholding the core intent of the provision to protect voters from undue influence near polling locations.
The appellate court remanded the case to the trial court to further analyze whether certain provisions impose undue burdens under the First and 14th Amendments. On February 8, 2024, the trial court rejected the plaintiffs’ remaining claims and entered judgment for defendants.
