Harris v. Florida Elections Canvassing Commission (4:00-cv-453) and Medina v. Florida Election Canvassing Commission (4:00-cv-459) (Maurice M. Paul, N.D. Fla.)
Two removed cases challenged the validity of absentee ballots received from overseas voters after the date of a presidential election. Although one complaint had been amended before removal to omit federal claims, the district judge found that a well-pleaded complaint would have included federal issues. The judge found that a consent decree in previous federal litigation nullified the state’s requirement that overseas ballots be received by election day in federal elections. The court of appeals affirmed this decision.
subject: Absentee and early voting. Topics: Absentee ballots; enforcing orders; removal; matters for state courts; case assignment; recusal.

One of many Case Studies in Emergency Election Litigation.