Escolar Documentos
Profissional Documentos
Cultura Documentos
v.
RICK SCOTT
In his official capacity as Governor of Florida
And
BILL GALVANO
In his official capacity as President of the Florida Senate
_______________________________________________/
under Florida Law for administering and enforcing the state laws and
injunctive relief: a declaration that Florida’s laws (F.S. §112 Part V and
Florida Senate Rule 12) in para materia regarding executive suspensions are
enforcing such law and to allow the Plaintiff to resume her office as the duly
pay that has been withheld because of her suspension to date. In support of
INTRODUCTION
Senate Rule 12.9, Florida Statutes §112.46 also provides that public
seized. In this case, the suspended public official’s loss of pay or the
law. Also, the laws do not provide any procedural safeguards for
4. Plaintiff seeks to establish and confirm (as this Court has recently
§1331, §1343, §2201, §2202 and 42 U.S.C. §1983, in that this action seeks
inter alia, they acted under the color of law, policies, customs, and/or
practices of the State of Florida and/or within the geographic confines of the
State of Florida.
this District and because the events and omissions giving rise to this action
are harming Plaintiff in this District and the State laws were enacted in the
Florida residing in Lauderdale Lakes, Florida for several decades. Since she
of Elections.
10. For more than the 15 years, Snipes oversaw approximately seventy-
11. During her tenure, Snipes identified and developed numerous office
whose members carry out the major functions of the Broward Supervisor of
13. During her tenure, Snipes ensured that all staff received development
and training to support their roles and functions within the organization.
14. Since 2003, Snipes has increased voter education and outreach to
County. Under her leadership, more voters voted in the last mid-term
election than ever in the history of Broward elections (715,119 votes out of
1,174,851). In the 2016 General Election, more than 800,000 voters cast
ballots.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 6 of 27
robust high school program where high school students pre-register to vote
16. Broward County was the first School District in State of Florida to
19. Snipes was the first County Supervisor of Elections in the State of
20. When early voting was introduced in Broward County, Snipes opened
nine (9) sites. Early voting has proven the favored form voting and Snipes
has since opened twenty-two (22) different locations for twelve (12) hours a
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 7 of 27
day over a fourteen (14) day period. Approximately 299,000 people voted at
21. In addition to mandatory training classes for poll workers, Snipes also
voters.
Commission during her tenue, Snipes and her staff worked out of two
different locations for the entire time that she served as the Broward County
Supervisor of Elections.
the voting process. Snipes spoke regularly at various community events and
26. Governor Scott also made other attempts to harass Snipes with
27. Governor Scott, and others working on his behalf, tried in every
way to damage Snipes’ reputation and inject doubt into the minds of
Broward voters that the Broward County elections process was being
conducted properly. Tweets from the President of the United States and
The fact that Snipes did not produce records “immediately” was
1
The records surrounding the subject lawsuit were produced within 48 hours during the height of a recount
election. Judge Carol-Lisa Phillips determined that Snipes committed a constitutional violation for failure
to immediately produce records. Many of the requests involving the public records lawsuit were for records
that the Governor already had access to through his appointed Secretary of State. Other items requested
were not actually public records. Several of Governor Scott’s lawsuits were consolidated before the Chief
Judge of the Circuit Court, Judge Tuter. This judge would have reviewed the issue of whether Judge
Phillips’ order should have been stayed. In the alternative, Plaintiff Snipes contemplated an appeal. The
well-known Florida standard for the production of public records is within a “reasonable time.” Governor
Scott knew that Snipes was seeking to set a hearing on her Motion to Stay and if that motion failed, to
appeal the matter. After the undersigned firm called to schedule a hearing, Governor Scott dismissed his
public records lawsuit within thirty minutes after the call was made, and to add insult to injury, suspended
Snipes from her position as the Broward County Supervisor of Elections with a few days after voluntarily
dismissing his Complaint. Ironically, the first substantive allegation of the Governor’s Executive Order to
remove Snipes cites that she did not permit inspection of public records and that “a judge of the
Seventeenth Judicial Circuit held that Supervisor Snipes should have made certain records “immediately
available in violation of Florida law.”
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 10 of 27
Friday and state highway patrol officers were shown on television news
32. If Snipes had been given the opportunity for adequate due process,
fell into the following categories: a) matters where the Chief Judge Tuter
could not start until after a Court hearing on one of Governor Scott’s
2
In one particular case, an election vendor produced an affidavit showing that it was completely their fault
when election results were released minutes earlier than they should have been released. This matter was
reviewed the Broward County State Attorney’s Office and no further action was taken.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 11 of 27
the appointment.
3
There were other counties within the State of Florida that did not try to upload the second unofficial
returns. The Governor has taken no action nor made attempts to suspend those Supervisors of Elections.
Furthermore, the “Conduct of Election” reports show some legal violation(s) in many of the 67 counties. In
Bay County, for instance, voters were permitted by the Supervisor of Elections to vote in ways not
contemplated by Florida Statutes. Governor Scott targeted Broward County and Palm Beach County with
reckless comments about voting fraud and claims that the supervisors in those counties were seeking to
“steal” the election for Governor Scott’s opponent. Both counties are largely Democratic voting counties.
4
Canova v. Snipes, was filed in the Broward County Circuit Court. The lower Court never determined that
there had been a “refusal” to provide public records. The Governor’s Office and the Secretary of State
monitored the case through conclusion. The case was appealed due to the fact that there was never a legal
determination made on the issue of refusal, especially since Plaintiff did not request paper ballots prior to
the lawsuit. The case settled before a final determination was made by the appellate court on the issue of
“refusal” to provide public records.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 12 of 27
held a press conference in Fort Lauderdale, Florida where she invited all
effective immediately.
labeling her “incompetent”, among other things. While no elections are ever
perfect given the sheer number of volunteers, Scott reserved his fury of
36. Snipes is sought out for lectures from other state Supervisors of
Elections. Her office was often visited for best practices by other State of
ever becoming a Supervisor of Elections, a key reason why she was tapped
37. Snipes seeks to fight for her reputation and stand up against the
the Executive Order and Snipes has never had a proper forum to state her
within the State of Florida has been damaged while the Governor has
38. In addition to a public press conference held one day after the
39. Following widespread reports that Snipes had been removed, the
to start the process for a Senate hearing. Hawkes advised that he had not
received a copy of the Executive Order and would also need to research
the proper forms to be sent. Hawkes further advised that once the proper
forms were identified (by him), the forms would be promptly mailed to
Snipes advising her of “her right to a Senate hearing.” Snipes has never
40. Despite the fact that Section 112.40, Florida Statutes clearly states
the officer suspended, the Secretary of the Senate, and the Attorney
General”, Hawkes had not received the Executive Order days after the
suspension and Snipes has never been sent a copy of the Executive
Order. To date, Snipes has only heard about the Executive Order through
“unconditional” and “will take effect on January 4, 2019, well before the
Senate can complete a full investigation into the serious assertions made
Governor Scott and the Senate are operating in concert to deny Snipes
her due process rights under the Fourteenth Amendment of the United
States Constitution.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 15 of 27
CONSTITUTIONAL PROVISION
No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property without due
process of law. U. S. Const. Amend. XIV (emphasis added).
STATE LAW
proceed if the written consent of counsel for the Governor and of the
suspended official is obtained.
(6) Within sixty (60) days after the Senate has completed final action
on the recommendation of the committee, subcommittee, or special
master, any party to the suspension matter may request the return, at
that party’s expense, of any exhibit, document, or other evidence
introduced by that party. After the expiration of sixty (60) days from
the date the Senate has completed final action, the committee,
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 19 of 27
reference.
48. Florida Senate Rule 12.9(2) tolls the time of the proceeding if the
have through the years analyzed a procedural due process violation claim by
"Procedural Due Process Claims," Touro Law Review: Vol. 16: No. 3,
Article 12.
50. This Court held less than sixty days ago in Kirk B. Reams v.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 20 of 27
51. In Reams, this court found that the Due Process Clause applied
where Clerk of Court Reams had either a “property” interest in his positon as
In Reams, Governor Scott and the Senate agreed that Reams, an elected
January 4, 2019, Snipes is no different than the Reams Plaintiff because her
expectation was that she would have served, without interruption, until
January 4, 2019. Her resignation was conditioned upon service until said
time.
53. After her November 18, 2018 resignation Snipes continued to work in
her office and perform all of her tasks as the Broward County Supervisor of
this Court in the Reams decision. There, this Court held that when
interest. See, e.g. Behrens v. Regier, 422 F. 3d 1255, 1263 n.14 (11th Cir.
2005); Cannon v. City of West Palm Beach, 250 F. 3d. 1299, 1302-03 (11th
Cir. 2001). This Court held that this same principle applied for an elected
public airing of the allegations against Snipes, deprived her of liberty and
Matthews v. Eldridge, 424 U. S. 319, 333 (1976) and before the deprivation
occurs. See, Gross v. Lopez, 419 U. S. 565, 582-83 (1975); Reams v. Irvin,
humiliated by being closed out of her job and further not being paid during
57. Snipes initial decision to resign, was on the condition that the
58. The Senate has chosen, on its own, not to review the Governor’s
opportunity to be heard unless this Court intervenes. Once Snipes was made
Constitution, Snipes would seek to show, among other things, that Governor
Scott retaliated against Snipes when she sought to stay an order of a ruling
where the alleged facts cannot support a violation of Florida law where
60. The Governor’s Executive Order, combined with the Senate’s refusal
being able to defend the dignity of her good name. The law and rules
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 23 of 27
61. Given the Florida Senate’s position that it will not review Snipes’
suspension and a removal with the Governor acting as the prosecutor, the
resignation.
5
It should be noted that Governor Scott has selectively unleashed his power of suspension. Suspensions
have historically been reserved for those who committed serious crimes while in office. This severe penalty
has been used to single out one person when the same actions (and worse) were duplicated in other parts of
the State. The action of Governor Scott was most likely politically motivated as Broward County has far
more democratic voters than any other County within the State of Florida. The zero-tolerance standard
attributed to Snipes for any misstep by any one of the thousands of temporary employees, permanent
employees or volunteers working any given election cycle has been made applicable only to Snipes. When
you pull back the curtain to inspect elections and 100% of the process of counting votes, it is not always
perfect. In some cases, legislative time periods are proving to be challenging and unreasonable for large
counties to meet some statutory demands. The voters wanted a paper trail, however, the length of ballots,
especially when considering large elections with multiple amendments from the state, county and
municipalities cannot be controlled by Supervisors. Voting-by-mail has increased in popularity but the state
law has not kept up with the increased demand. Supervisors in large counties receive vote-by-mail ballots
in the thousands on Election Day and right up to 7PM. The current demands placed on large counties was
never contemplated in this way. While major and minor deviations from the Florida Election Code take
place in all counties, Snipes has been singled out and demonized by Governor Scott for Executive Order
allegations that are without merit. Ironically, following Snipes’ suspension, the Governor’s new Broward
SOE appointee (and other persons directed by the Governor) are now urging that all Supervisors of
Elections in Florida be appointed, rather than elected. Only one Supervisor in the entire state operates in
this manner and Florida’s passage of Amendment 10 will require an elected Supervisor of Elections in
Miami-Dade County starting the year 2024. In Miami-Dade County, county staff is largely responsible for
running elections and the actual costs of running those elections is largely unknown. Since 2003, nobody
in this State has ever been removed for anything other than an actual crime. Although Governor Scott tried,
without success, to involve the Florida Department of Law Enforcement during the 2018 General Election
to bolster his false claims of fraud, no crime has been committed by Snipes.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 24 of 27
63. F.S. §112.43 allows for the Governor’s office to prosecute suspended
hearings and matters related thereto shall be in accordance with rules of the
Florida Senate.
time. Said statute also forgives and does not require a hearing before the
65. Florida Senate Rule Twelve imposes on the Florida Senate a deadline
for determining the suspended officials’ date as late as the end of the next
afford due process to both the Governor and the suspended official, but in
the absence of such adoption, this section shall afford a full and complete
67. Snipes has been assured the no hearing will take place in the Florida
Senate and, as of the time that the Executive Order, the Governor has made
hearing will be held and what rules will be used are decided by the political
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 25 of 27
officer of the Governor and the State Senate according to the complained
laws.
delayed from a due process hearing pursuant to F. S. 112. This lawsuit tolls
reference.
§112.46, §112.47, §112.48, and Florida Senate Rule 12.9(5) are or are not
constitutional.
affirming this Court’s prior ruling in Reams and further settle these legal
addressed and contained in F.S. § 112, Part V and Florida Senate Rule 12.9
are unconstitutional.
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 26 of 27
and Florida Senate Rule 12.9 will continue to be utilized to prevent Snipes
76. The Plaintiff will continue to suffer irreparable injury if this Court
process before she is deprived of her property and liberty rights or in the
(a) enjoining the named Defendants from enforcing F.S. §112 Part V and
§112 Part V and Florida Senate Rule 12.9 are null and void because they
they deprive Plaintiff of her property or liberty without due process of law.
their agents and employees thereof from action on or under F.S. §112 Part
Case 4:18-cv-00580-MW-CAS Document 1 Filed 12/17/18 Page 27 of 27
V, §112.43, §112.46, §112.47, §112.48 and Florida Senate Rule 12.9 (5), in
Florida with pay and back pay until such time that the Senate provides law
4. Grant such other and further relief, in law and equity as the Court deems
Respectfully submitted,