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Simpson Thacher Defeats Emergency Motion in Florida Voting Action
11.16.18
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On November 15, 2018, the Circuit Court of the Seventeenth Judicial Circuit in Broward County, Florida denied a motion for emergency injunctive relief seeking to preclude the Broward County Canvassing Board from counting timely and validly cast votes. In a motion filed November 10, 2018, the plaintiff contended that timely and validly cast ballots could not be added to the total tally following a statutorily prescribed unofficial return date. On November 13, 2018, Simpson Thacher along with the Brennan Center for Justice filed a motion to intervene and an opposition to the temporary injunction. Following an emergency hearing, Chief Judge Jack Tuter denied the motion and ruled that the votes be counted.
The case was litigated on behalf of the League of Women Voters of Florida (and member Joanne Lynch Aye) and Common Cause Florida, two non-partisan organizations devoted to protecting democratic norms.
The Simpson Thacher team included Partner Jon Youngwood; Associates Isaac Rethy, Josh Polster, Tyler Perry and Nicholas Jackson; and Litigation Specialist Nihara Choudhri.