Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ) LEAGUE OF WOMEN VOTERS OF ) FLORIDA; COMMON CAUSE ) FLORIDA; and JOANNE LYNCH AYE, ) ) Plaintiffs, ) ) Civil Action No. _____ v. ) ) RICHARD L. SCOTT, in his official ) capacity as Governor of the state of Florida, ) ) Defendant. ) ) PLAINTIFFS’ EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Plaintiffs League of Women Voters of Florida, Common Cause Florida, and Joanne Lynch Aye (collectively, “Plaintiffs”), by and through counsel, seek emergency relief pursuant to Rules 65(a) and 65(b) of the Federal Rules of Civil Procedure to prevent Defendant, Florida Governor Richard L. Scott, in his official capacity, from exercising any power or duties relating to the tabulation or certification of the results of the 2018 Florida election for U.S. Senate. Scott himself is a candidate in this election, and his actions to date have evinced a misuse of his official power to advance his candidacy—flouting the basic rule of 1 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 2 of 7 fairness that “no man can be a judge in his own case,” In re Murchison, 349 U.S. 133, 136 (1955), and violating the First and Fourteenth Amendment rights of Plaintiffs and their members. In the alternative, Plaintiffs respectfully request an immediate hearing. In support thereof, Plaintiffs state: 1. On November 12, 2018, Plaintiffs filed their Complaint for Declaratory and Injunctive Relief, alleging that Plaintiffs are entitled to relief from this Court for Defendant’s violations of their rights, as well as the rights of their members, under the First and Fourteenth Amendments to the United States Constitution. 2. Plaintiffs seek a temporary restraining order and preliminary injunction enjoining Defendant from engaging, in his capacity as Governor or using his authority as Governor, in any decisions, directives, control, or influence, either direct or indirect, over the processing and counting of ballots in the 2018 Florida election for U.S. Senate, including but not limited to enjoining Defendant from participating, in his role as a member of the Elections Canvassing Commission or otherwise, in the certification of the results of the 2018 Florida election for U.S. Senate. 3. The relief sought is urgent because Defendant continues to use his authority as Governor to seek to influence the outcome of the election in his favor, including, inter alia, threatening and intimidating election workers by making unfounded allegations of fraud against election officials and political opponents 2 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 3 of 7 and credibly threatening to deploy state law enforcement agents to investigate them. 4. Federal Rule of Civil Procedure 65 provides for the issuance of a temporary restraining order and preliminary injunction under circumstances such as these. 5. In support of this Motion, Plaintiffs have contemporaneously submitted a Memorandum of Law, addressing all necessary elements for the entry of the relief sought. 6. Plaintiffs seek leave to present 30 minutes of oral argument. 7. Plaintiffs file this Motion as an emergency motion pursuant to Local Rule 7.1(L) because an expeditious ruling on this motion is essential to ensuring that the recount of ballots is not unfairly compromised. WHEREFORE, for the foregoing reasons, and for those set forth in Plaintiffs’ supporting memorandum of law, Plaintiffs respectfully move that the Court enter a temporary restraining order and preliminary injunction enjoining Defendant from engaging, in his capacity as Governor or using his authority as Governor, in any decisions, directives, control, or influence, either direct or indirect, over the processing and counting of ballots in the 2018 Florida election for U.S. Senate. 3 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 4 of 7 Date: November 12, 2018 Respectfully submitted, /s/ John A. DeVault, III___________________ /s/ Henry M. Coxe III_______________ ____ JOHN A. DEVAULT, III (FL Bar No. 103979) HENRY M. COXE III (FL Bar No. 155193) MICHAEL E. LOCKAMY (FL Bar No. 69626) Bedell, Dittmar, DeVault, Pillans & Coxe, P.A. 101 E. Adams Street Jacksonville, Florida 32202-3303 Phone: (904) 353-0211 Facsimile: (904) 353-9307 jad@bedellfirm.com hmc@bedellfirm.com mel@bedellfirm.com Moscowitz & Moscowitz, (FL P.A.Bar No. 586498)* JANE W. MOSCOWITZ 201 Alhambra Circle, Suite 1200 Coral Gables, Florida 33134 Phone: (305) 379-8300 Facsimile: (305) 379-4404 jmoscowitz@moscowitz.com LAURENCE M. SCHWARTZTOL** Protect Democracy Project, Inc. 10 Ware Street Cambridge, Massachusetts 02138 Telephone: (202) 945-2092 Facsimile: (929) 777-8248 larry.schwarztol@protectdemocracy.org JAMILA BENKATO** Protect Democracy Project, Inc. 2020 Pennsylvania Avenue, NW, #163 Washington, D.C. 20006 Telephone: (202) 945-2157 jamila.benkato@protectdemocracy.org 4 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 5 of 7 JESSICA MARSDEN** Protect Democracy Project, Inc. 106 S. Greensboro Street, Suite E Carrboro, North Carolina 27510 Telephone: (202) 672-4812 jess.marsden@protectdemocracy.org LAWRENCE S. ROBBINS** WILLIAM J. TRUNK** WENDY LIU** MEGAN D. BROWDER*** Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP 2000 K Street, N.W., 4th Floor Washington, D.C. 20006 Phone: (202) 775-4500 Facsimile: (202) 775-4510 lrobbins@robbinsrussell.com wtrunk@robbinsrussell.com wliu@robbinsrussell.com mbrowder@robbinsrussell.com JEFF MARCUS (FL Bar No. 310890)** One Biscayne Tower 2 South Biscayne Boulevard, Suite 1750 Miami, Florida 33131 Phone: (305) 400-4260 jmarcus@mnrlawfirm.com JOEL S. PERWIN (FL Bar No. 316814)* Joel S. Perwin, P. A. Suite 1523, Alfred I. DuPont Building 169 East Flagler Street Miami, Florida 33131 Phone: (305) 779-6090 jperwin@perwinlaw.com 5 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 6 of 7 MICHAEL S. OLIN (FL Bar No. 220310)* Buckner + Miles 3350 Mary Street Miami, Florida 33133 Phone: (305) 964-8003 molin@bucknermiles.com *Application for admission forthcoming **Pro Hac Vice forthcoming ***Pro Hac Vice forthcoming; Admitted in CO only; Supervised by Principals of the Firm Counsel for Plaintiff 6 Case 4:18-cv-00525-MW-CAS Document 4 Filed 11/12/18 Page 7 of 7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion has been served on Pamela Bondi, Attorney General of Florida and counsel for Defendant Scott in his capacity as Governor of the State of Florida, by e– mail sent to oag.civil.eserve@myflorida.com on this 12th day of November, 2018. /s/ John A. Devault, III___________________ JOHN A. DEVAULT, III (FL Bar No. 103979) 7