Case: Florida Department of State v. U.S. Department of Homeland Security

1:12-cv-00960 | U.S. District Court for the District of Columbia

Filed Date: June 11, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, the Florida Department of State is suing the U.S. Department of Homeland Security, seeking access to the Systematic Alien Verification for Entitlements (SAVE) system of records, to use it to check voter registration records to verify that voters are citizens. Florida brought the case in the U.S. District Court for the District of Columbia, on June 11, 2012. DHS had declined to provide access to the SAVE database pending consultation with the Attorney General. In documents included in the related case, Mi Familia Vota Education Fund v. Detzner, the DOJ Civil Rights Division wrote in a letter to the Florida Secretary of State that Florida's ongoing verification efforts violate the National Voter Registration Act (because they are too close in time to an impending election) and the Voting Rights Act (because they were not pre-cleared by the Department of Justice). The case is ongoing.

Summary Authors

Clearinghouse (6/11/2012)

Related Cases

Mi Familia Vota Education Fund v. Detzner, Middle District of Florida (2012)

United States v. State of Florida, Northern District of Florida (2012)

Arcia v. Detzner, Southern District of Florida (2012)

People


Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Connolly, Thomas R. (District of Columbia)

Consovoy, William S. (District of Columbia)

Davis, Ashley E. (Florida)

Attorney for Defendant

Diederich, Bryan Russell (District of Columbia)

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Documents in the Clearinghouse

Document

1:12-cv-00960

Docket [PACER]

Florida Department of State v. Homeland Security

Aug. 31, 2012

Aug. 31, 2012

Docket
1

1:12-cv-00960

Complaint for Declaratory Judgment and Injunctive Relief

June 11, 2012

June 11, 2012

Complaint

Docket

Last updated Feb. 22, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090−2965843) filed by FLORIDA DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons)(Consovoy, William) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

Case Assigned to Judge John D. Bates. (mmh) (Entered: 06/12/2012)

June 11, 2012

June 11, 2012

2

ELECTRONIC SUMMONS (6) Issued as to BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(mmh, ) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

3

NOTICE of Appearance by Thomas R. McCarthy on behalf of FLORIDA DEPARTMENT OF STATE (McCarthy, Thomas) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

4

NOTICE of Appearance by John Michael Connolly on behalf of FLORIDA DEPARTMENT OF STATE (Connolly, John) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/12/2012. (Consovoy, William) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2012. Answer due for ALL FEDERAL DEFENDANTS by 8/11/2012. (Consovoy, William) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES served on 6/12/2012; HOMELAND SECURITY served on 6/12/2012; ALEJANDRO MAYORKAS served on 6/12/2012; JANET NAPOLITANO served on 6/12/2012 (Consovoy, William) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

8

NOTICE of Appearance by Bryan Russell Diederich on behalf of All Defendants (Diederich, Bryan) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

9

Unopposed MOTION for Extension of Time to File Answer by BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO (Attachments: # 1 Text of Proposed Order)(Diederich, Bryan) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

10

MINUTE ORDER: Upon consideration of 9 defendants unopposed motion for extension of time to file an answer or otherwise respond to complaint, and the entire record herein, it is hereby ORDERED that defendants motion is GRANTED; and it is further ORDERED that defendants shall file their answer by not later than August 22, 2012. SO ORDERED. Signed by Judge John D. Bates on 8/8/2012.(lcjdb2) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

11

Consent MOTION for Extension of Time to File Answer by BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO (Attachments: # 1 Text of

Aug. 22, 2012

Aug. 22, 2012

Set/Reset Deadlines: Federal Defendants' Answer or otherwise Response to the Complaint is now due by 9/4/2012. (jth) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

12

NOTICE of Voluntary Dismissal by FLORIDA DEPARTMENT OF STATE (Consovoy, William) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 11, 2012

Closing Date: 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Florida Department of State, which is responsible for implementing voter laws in Florida.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voter registration rules