Preview
Filing# 158495882 E-Filed 10/03/2022 04:33:41 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
RUBIN YOUNG,
Plaintiff,
V.
Case No.: 2022-CA-0013245
JOE SCOTT, in his official capacity as
BROWARD COUNTY SUPERVISOR OF
ELECTIONS, BROWARD COUNTY
CANVASING BOARD MEMBERS,
COUNTY COURT JUDGE ROBERT DIAZ,
KENNETH GOTTLIEB, et al.,CARLA
SPALDING, as an individual and as a
successful candidate for Congressional
DEBBIE WASSERMAN
District 25,
SCHULTZ, as an individual and as a
successful candidate for Congressional
District 25, GOVERNOR RON DESANTIS
ELECTIONS CANVASSING
COMMISSION, and BOARD MEMBERS et
al. DEPARTMENT OF STATE DIVISION
OF ELECTIONS
Defendants.
DEFENDANTS, FECC & GOVERNOR RONALD DESANTIS' ANSWER,
AFFIRMATIVE DEFENSES, AND MOTION TO DISMISS AMENDED COMPLAINT
Defendants, the Florida Elections Canvassing Commission ("FECC"), and Governor
Ronald DeSantis ("Governor") (collectively,
"Defendants"), in his official capacity as the
Governor of Florida, by and through undersigned counsel and pursuant to section 102.168(6),
Florida Statutes,hereby files its Answer, Affirmative Defenses, and Motion to Dismiss Amended
Rubin Young ("Plaintiff'
Complaint,filed by Plaintiff, or "Young").
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/03/2022 04:33:41 PM.****
ANSWERL
JURISDICTION
Admitted that Sections 102.168, 102.171, and 101.68, Florida Statutes, speak for
2
themselves.
INTRODUCTION
Admitted that Young challengesthe August 23,2022 primary election,and that he alleges
or attempts to allegemisconduct by the Broward County Supervisorof Elections,Joe Scott,and/or
staff. Otherwise, Defendants are without knowledge and therefore,denied.
Admitted that Young challengesDebbie Wasserman to run for re-
Schultz' eligibility
election. To the extent this statement includes legalargument, no response is required,otherwise
Defendants are without knowledge and therefore,denied.
Admitted that Young contests the August 23,2022 primary election and allegesor attempts
to allegemisconduct or corruption,otherwise Defendants are without knowledge and therefore,
denied.
Admitted that Young accuses Joe Scott of the acts described,otherwise Defendants are
without knowledge and therefore,denied.
1
On October 3,2022, this Court entered an Order transferringthis matter to the Circuit Court in
and for Leon County, Florida. As ofthe date ofthis pleading,the case remains pending in Broward
County. See Attorney'sTitle Ins. Fund v. N. River Ins. Co., 634 So. 2d 731, 732 (Fla.4th DCA
1994) (explainingthat "[i]n civil cases changes of venue do not become effective until the court
file has been received in the transferee court and costs and service charges requiredby section
47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.060 are paid.").As such,
Defendants file this Answer, Affirmative Defenses, and Motion to Dismiss in Broward County,
Florida. Defendants do not objectto transfer of venue to Leon County, as stated in the Answer
below.
2
The Amended Complaint does not consistently
use numbered paragraphs,making it difficult to
format this Answer. Where the Complaint uses numbered paragraphs,the corresponding answer
is so numbered.
Page 2 of 8
TO
Admitted that Young challengesor attempts to challengeCarla Spalding'scitizenship.
the extent this statement includes legalargument, no response is required,otherwise Defendants
are without knowledge and therefore,denied.
Admitted that Young allegesinterference or influence by Joes Scott in the primary election
and that Sections 104.051 and 104.0515, Florida Statutes, speak for themselves, otherwise the
Defendants are without knowledge therefore,denied.
Admitted that Sections 104.051 and 104.0515, Florida Statutes,speak for themselves,
otherwise Defendants are without knowledge therefore,denied.
FACTS
Defendants are without knowledge of the facts alleged,and without knowledge of the
or accuracy of Exhibits
authenticity A-Z (which were submitted in a separate Notice of Filing
and are not attached to the Amended Complaint)therefore,denied.
Admitted that Chapter 104, Florida Statutes,speaks otherwise
for itself, Defendants are
without knowledge o f the facts alleged,and without knowledge o f the authenticity
or accuracy o f
Exhibits A-Z (which were submitted in a separate Notice of Filingand are not attached to the
Amended Complaint) therefore,denied.
Defendants are without knowledge therefore,denied.
Admitted that Section 104.051, Florida Statutes,speaks for itself.
Admitted that Section 98.015, Florida Statutes,speaks for itself.
Admitted that Section 104.0515, Florida Statutes,speaks for itself.
Admitted that the Federal Voter's Rights Act of 1965 speaks for itself,otherwise
Defendants are without knowledge therefore,denied.
Admitted that Sections 104.051 and 105.0515, Florida Statutes, speak for themselves,
Page 3 of 8
otherwise Defendants are without knowledge therefore,denied.
VENUE
1. Admitted that CD 25 includes only Broward County, and that this lawsuit is
pursuant to Section 102.168(3),Florida Statutes.
2. Young moved to transfer venue to Leon County, Florida on September 28,2022,
and on October 3,2022, this Court entered an Agreed Order TransferringAction to Leon County
Circuit Court, orderingYoung to pay all service charges and court costs to the Leon County Clerk
of Courts within thirty(30) days. Defendants agree to venue in Leon County, Florida.
PARTIES
3 Defendants are without knowledge, therefore denied.
4. Admitted that Section 102.141, Florida Statutes, speaks for itself,and that
Governor Ron DeSantis is one of the members of the FECC, otherwise the FECC is without
knowledge and therefore,denied.
5. Admitted.
COUNT 1 - To Set Aside the
Result of the Election on a Submitted Referendum
To the extent this paragraph contains legalconclusions, no response is required,otherwise
Defendants are without knowledge, therefore denied.
Count 2 - Enforce Plaintiff's Constitutional
Right to Political Power and to Defend Liberty
Admitted that Section 102.168(7),Florida Statutes,speaks for itself. To the extent this
paragraph contains legalconclusions, no response is required,otherwise Defendants are without
knowledge, therefore denied.
Page 4 of 8
Request for Expedited Consideration
Admitted that 102.168 speaks for itself. FECC takes no positionas to whether expedited
consideration ofthis matter is appropriate.
AFFIRMATIVE DEFENSES
First Affirmative Defense
Plaintiff fails to state a cause of action to which relief can be grantedagainstDefendants
under Section 102.168, Florida Statutes,because Plaintiffs fails to include a statement ofultimate
facts showing that Plaintiff is entitled to relief againstDefendants as requiredby Rule 1.110(b),
Florida Rules of Civil Procedure. Rule 1.140(b)(6),
Fla. R. Civ. P. Specifically,
to the extent the
FECC Defendant's purely administrative role has already been performed by certifyingthe
election results,there is no available relief that Plaintiff can seek againstthe FECC. Similarly,
Plaintiff seeks no relief againstthe Governor.
MOTION TO DISMISS
Defendants, FECC and the Governor of Florida, move to dismiss Plaintiff's Amended
Complaint for the followingreasons. See Fla. R. Civ. P. 1.140(b);§ 102.168(6);see also Burns v.
Tondreau, 139 So. 3d 481, 485 (Fla.3d DCA in part, the
2014) (affirming, trial court's order
granting a motion to dismiss an election contest filed pursuant to Section 102.168, Florida
Statutes).
Introduction
Plaintiff has initiated this suit pursuant to Sections 102.168, Florida Statutes,after losing
the August 23,2022 primary election for Florida CongressionalDistrict 25. Plaintiff's Amended
Complaint seeks to set aside the results of the election (Count 1). Although the Amended
Complaint contains numerous nebulous allegationsof fraud and general "misconduct," the
Page 5 of 8
Amended Complaint fails to state a cause of action against the FECC, who play a purely
administerial role in certifyingelections results,or againstGovernor Ron Desantis, who is a
member of the FECC. As such, the Complaint should be dismissed againstthe FECC and the
Governor.
Argument
A. Applicable Legal Standard
Florida Rule of Civil Procedure 1.140(b),
providesin relevant part:
Every defense in law or fact to a claim for relief in a pleading must be asserted in
the responsivepleading,if one is required,but the following defenses may be made
by motion at the option of the plealen (1) lack of jurisdiction over the subject
matter, (2) lack of jurisdictionover the person, (3) improper venue, (4)
insufficiency ofprocess,(5)insufficiency of service of process, (6) failure to state
a cause of action.
A Complaint must contain sufficient allegationsto inform the defendant of the allegations
ofwrongdoing which constitutes the basis for the complaintso that the defendant may intelligently
answer. Dawson v. Blue Cross Assoc.,293 So. 2d 90,92 (Fla. 1 st DCA 1974). "The degree of
requiredin a pleading is
certainty that the pleadermust set forth the facts in such a manner as to
reasonablyinform his adversary of what is proposed to be proved in order to provide the latter
with a fair opportunityto meet it and prepare his evidence." Walker V. Walker, 254 So. 2d 832,
834 (Fla.1st DCA 1971)."A pleading which sets forth a claim for relief...must state a cause of
action and shall contain (1) a short and plain statement of the grounds upon which the court's
depends...(2)a short and plainstatement ofthe ultimate
jurisdiction facts showing that the pleader
is entitled to relief." Fla. R. Civ. P. 1.110(b).
When examining a complaint to determine whether it is subjectto dismissal for failure to
state a ofthe
cause of action,this Court "appliesthe standard ofwhether, ifthe factual allegations
will be legally
complaintare established by proof or otherwise,the plaintiff or equitablyentitled
Page 6 of 8
to the claimed relief againstthe defendant." Santiago v. Mauna Loa Inv., LLC, 189 So. 3d 751,
755 (Fla.2016).
B. Plaintiff Fails to State a Cause of Action
Plaintiff fails to include a statement of ultimate facts showing that Plaintiff is entitled to
relief againstthe FECC or the Governor, as required by Rule. 1.110(b),Florida Rules of Civil
Procedure. To the extent the Defendants' administrative role has already been performed by
there is no available relief that Plaintiff can seek againstDefendants,
the election results,
certifying
and Plaintiff does not seek any relief againstDefendants. Specifically,
Plaintiff seeks "an Order
grantingPlaintiff's submitted referendum to temporarilyset aside the results of the August 23,
2022, CongressionalDistrict 25 Republican primary election,et al,until Broward County SOE,
Joe Scott, produces the CVR report with enough time for the report to be evaluated by an expert,
at which time the Court will evaluate the evidence gathered.. ." (Compl. at 12.)Plaintiff also
requests copies of several documents allegedly "within the Broward County Supervisor of
Election's [] office." (Compl. at 13.)Thus, even if Plaintiff were able to establish some factual
basis for his claims, his Amended Complaint fails as a matter of law againstthe FECC and the
Governor due to the fact that there are against them
no allegationsspecifically that relate to
Plaintiff's claims or requestedrelief. Thus, the Complaint must be dismissed againstthe FECC
and the Governor.
Conclusion
WHEREFORE, Defendants, FECC and the Governor, respectfully
request that this Court
enter an Order grantingits Motion to Dismiss for failure to state a claim, as well as all other relief
as this Court deems equitableand just.
Page 7 of 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoingwas filed and served to
all counsel of record using the Florida Courts e-FilingPortal on this 3rd day of October, 2022.
Email service to all counsel of record was performed via an email generatedby the Florida Courts
e-FilingPortal.
Respectfullysubmitted,
ASHLEY MOODY
ATTORNEY GENERAL
/W Alamiah L. Shubrick
Alannah L. Shubrick (FBN 1018806)
Assistant Attorney General
Complex Litigation
Office ofthe Attorney General
The Capitol,PL-01
Tallahassee,FL 32399-1050
alannah.shubrick@myfloridalegal.com
(850) 414-3699
Counsel for FECC &
Gov. DeSantis
Page 8 of 8
Preview
Filing# 158495882 E-Filed 10/03/2022 04:33:41 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA RUBIN YOUNG, Plaintiff, V. Case No.: 2022-CA-0013245 JOE SCOTT, in his official capacity as BROWARD COUNTY SUPERVISOR OF ELECTIONS, BROWARD COUNTY CANVASING BOARD MEMBERS, COUNTY COURT JUDGE ROBERT DIAZ, KENNETH GOTTLIEB, et al.,CARLA SPALDING, as an individual and as a successful candidate for Congressional DEBBIE WASSERMAN District 25, SCHULTZ, as an individual and as a successful candidate for Congressional District 25, GOVERNOR RON DESANTIS ELECTIONS CANVASSING COMMISSION, and BOARD MEMBERS et al. DEPARTMENT OF STATE DIVISION OF ELECTIONS Defendants. DEFENDANTS, FECC & GOVERNOR RONALD DESANTIS' ANSWER, AFFIRMATIVE DEFENSES, AND MOTION TO DISMISS AMENDED COMPLAINT Defendants, the Florida Elections Canvassing Commission ("FECC"), and Governor Ronald DeSantis ("Governor") (collectively, "Defendants"), in his official capacity as the Governor of Florida, by and through undersigned counsel and pursuant to section 102.168(6), Florida Statutes,hereby files its Answer, Affirmative Defenses, and Motion to Dismiss Amended Rubin Young ("Plaintiff' Complaint,filed by Plaintiff, or "Young"). *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/03/2022 04:33:41 PM.**** ANSWERL JURISDICTION Admitted that Sections 102.168, 102.171, and 101.68, Florida Statutes, speak for 2 themselves. INTRODUCTION Admitted that Young challengesthe August 23,2022 primary election,and that he alleges or attempts to allegemisconduct by the Broward County Supervisorof Elections,Joe Scott,and/or staff. Otherwise, Defendants are without knowledge and therefore,denied. Admitted that Young challengesDebbie Wasserman to run for re- Schultz' eligibility election. To the extent this statement includes legalargument, no response is required,otherwise Defendants are without knowledge and therefore,denied. Admitted that Young contests the August 23,2022 primary election and allegesor attempts to allegemisconduct or corruption,otherwise Defendants are without knowledge and therefore, denied. Admitted that Young accuses Joe Scott of the acts described,otherwise Defendants are without knowledge and therefore,denied. 1 On October 3,2022, this Court entered an Order transferringthis matter to the Circuit Court in and for Leon County, Florida. As ofthe date ofthis pleading,the case remains pending in Broward County. See Attorney'sTitle Ins. Fund v. N. River Ins. Co., 634 So. 2d 731, 732 (Fla.4th DCA 1994) (explainingthat "[i]n civil cases changes of venue do not become effective until the court file has been received in the transferee court and costs and service charges requiredby section 47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.060 are paid.").As such, Defendants file this Answer, Affirmative Defenses, and Motion to Dismiss in Broward County, Florida. Defendants do not objectto transfer of venue to Leon County, as stated in the Answer below. 2 The Amended Complaint does not consistently use numbered paragraphs,making it difficult to format this Answer. Where the Complaint uses numbered paragraphs,the corresponding answer is so numbered. Page 2 of 8 TO Admitted that Young challengesor attempts to challengeCarla Spalding'scitizenship. the extent this statement includes legalargument, no response is required,otherwise Defendants are without knowledge and therefore,denied. Admitted that Young allegesinterference or influence by Joes Scott in the primary election and that Sections 104.051 and 104.0515, Florida Statutes, speak for themselves, otherwise the Defendants are without knowledge therefore,denied. Admitted that Sections 104.051 and 104.0515, Florida Statutes,speak for themselves, otherwise Defendants are without knowledge therefore,denied. FACTS Defendants are without knowledge of the facts alleged,and without knowledge of the or accuracy of Exhibits authenticity A-Z (which were submitted in a separate Notice of Filing and are not attached to the Amended Complaint)therefore,denied. Admitted that Chapter 104, Florida Statutes,speaks otherwise for itself, Defendants are without knowledge o f the facts alleged,and without knowledge o f the authenticity or accuracy o f Exhibits A-Z (which were submitted in a separate Notice of Filingand are not attached to the Amended Complaint) therefore,denied. Defendants are without knowledge therefore,denied. Admitted that Section 104.051, Florida Statutes,speaks for itself. Admitted that Section 98.015, Florida Statutes,speaks for itself. Admitted that Section 104.0515, Florida Statutes,speaks for itself. Admitted that the Federal Voter's Rights Act of 1965 speaks for itself,otherwise Defendants are without knowledge therefore,denied. Admitted that Sections 104.051 and 105.0515, Florida Statutes, speak for themselves, Page 3 of 8 otherwise Defendants are without knowledge therefore,denied. VENUE 1. Admitted that CD 25 includes only Broward County, and that this lawsuit is pursuant to Section 102.168(3),Florida Statutes. 2. Young moved to transfer venue to Leon County, Florida on September 28,2022, and on October 3,2022, this Court entered an Agreed Order TransferringAction to Leon County Circuit Court, orderingYoung to pay all service charges and court costs to the Leon County Clerk of Courts within thirty(30) days. Defendants agree to venue in Leon County, Florida. PARTIES 3 Defendants are without knowledge, therefore denied. 4. Admitted that Section 102.141, Florida Statutes, speaks for itself,and that Governor Ron DeSantis is one of the members of the FECC, otherwise the FECC is without knowledge and therefore,denied. 5. Admitted. COUNT 1 - To Set Aside the Result of the Election on a Submitted Referendum To the extent this paragraph contains legalconclusions, no response is required,otherwise Defendants are without knowledge, therefore denied. Count 2 - Enforce Plaintiff's Constitutional Right to Political Power and to Defend Liberty Admitted that Section 102.168(7),Florida Statutes,speaks for itself. To the extent this paragraph contains legalconclusions, no response is required,otherwise Defendants are without knowledge, therefore denied. Page 4 of 8 Request for Expedited Consideration Admitted that 102.168 speaks for itself. FECC takes no positionas to whether expedited consideration ofthis matter is appropriate. AFFIRMATIVE DEFENSES First Affirmative Defense Plaintiff fails to state a cause of action to which relief can be grantedagainstDefendants under Section 102.168, Florida Statutes,because Plaintiffs fails to include a statement ofultimate facts showing that Plaintiff is entitled to relief againstDefendants as requiredby Rule 1.110(b), Florida Rules of Civil Procedure. Rule 1.140(b)(6), Fla. R. Civ. P. Specifically, to the extent the FECC Defendant's purely administrative role has already been performed by certifyingthe election results,there is no available relief that Plaintiff can seek againstthe FECC. Similarly, Plaintiff seeks no relief againstthe Governor. MOTION TO DISMISS Defendants, FECC and the Governor of Florida, move to dismiss Plaintiff's Amended Complaint for the followingreasons. See Fla. R. Civ. P. 1.140(b);§ 102.168(6);see also Burns v. Tondreau, 139 So. 3d 481, 485 (Fla.3d DCA in part, the 2014) (affirming, trial court's order granting a motion to dismiss an election contest filed pursuant to Section 102.168, Florida Statutes). Introduction Plaintiff has initiated this suit pursuant to Sections 102.168, Florida Statutes,after losing the August 23,2022 primary election for Florida CongressionalDistrict 25. Plaintiff's Amended Complaint seeks to set aside the results of the election (Count 1). Although the Amended Complaint contains numerous nebulous allegationsof fraud and general "misconduct," the Page 5 of 8 Amended Complaint fails to state a cause of action against the FECC, who play a purely administerial role in certifyingelections results,or againstGovernor Ron Desantis, who is a member of the FECC. As such, the Complaint should be dismissed againstthe FECC and the Governor. Argument A. Applicable Legal Standard Florida Rule of Civil Procedure 1.140(b), providesin relevant part: Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsivepleading,if one is required,but the following defenses may be made by motion at the option of the plealen (1) lack of jurisdiction over the subject matter, (2) lack of jurisdictionover the person, (3) improper venue, (4) insufficiency ofprocess,(5)insufficiency of service of process, (6) failure to state a cause of action. A Complaint must contain sufficient allegationsto inform the defendant of the allegations ofwrongdoing which constitutes the basis for the complaintso that the defendant may intelligently answer. Dawson v. Blue Cross Assoc.,293 So. 2d 90,92 (Fla. 1 st DCA 1974). "The degree of requiredin a pleading is certainty that the pleadermust set forth the facts in such a manner as to reasonablyinform his adversary of what is proposed to be proved in order to provide the latter with a fair opportunityto meet it and prepare his evidence." Walker V. Walker, 254 So. 2d 832, 834 (Fla.1st DCA 1971)."A pleading which sets forth a claim for relief...must state a cause of action and shall contain (1) a short and plain statement of the grounds upon which the court's depends...(2)a short and plainstatement ofthe ultimate jurisdiction facts showing that the pleader is entitled to relief." Fla. R. Civ. P. 1.110(b). When examining a complaint to determine whether it is subjectto dismissal for failure to state a ofthe cause of action,this Court "appliesthe standard ofwhether, ifthe factual allegations will be legally complaintare established by proof or otherwise,the plaintiff or equitablyentitled Page 6 of 8 to the claimed relief againstthe defendant." Santiago v. Mauna Loa Inv., LLC, 189 So. 3d 751, 755 (Fla.2016). B. Plaintiff Fails to State a Cause of Action Plaintiff fails to include a statement of ultimate facts showing that Plaintiff is entitled to relief againstthe FECC or the Governor, as required by Rule. 1.110(b),Florida Rules of Civil Procedure. To the extent the Defendants' administrative role has already been performed by there is no available relief that Plaintiff can seek againstDefendants, the election results, certifying and Plaintiff does not seek any relief againstDefendants. Specifically, Plaintiff seeks "an Order grantingPlaintiff's submitted referendum to temporarilyset aside the results of the August 23, 2022, CongressionalDistrict 25 Republican primary election,et al,until Broward County SOE, Joe Scott, produces the CVR report with enough time for the report to be evaluated by an expert, at which time the Court will evaluate the evidence gathered.. ." (Compl. at 12.)Plaintiff also requests copies of several documents allegedly "within the Broward County Supervisor of Election's [] office." (Compl. at 13.)Thus, even if Plaintiff were able to establish some factual basis for his claims, his Amended Complaint fails as a matter of law againstthe FECC and the Governor due to the fact that there are against them no allegationsspecifically that relate to Plaintiff's claims or requestedrelief. Thus, the Complaint must be dismissed againstthe FECC and the Governor. Conclusion WHEREFORE, Defendants, FECC and the Governor, respectfully request that this Court enter an Order grantingits Motion to Dismiss for failure to state a claim, as well as all other relief as this Court deems equitableand just. Page 7 of 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoingwas filed and served to all counsel of record using the Florida Courts e-FilingPortal on this 3rd day of October, 2022. Email service to all counsel of record was performed via an email generatedby the Florida Courts e-FilingPortal. Respectfullysubmitted, ASHLEY MOODY ATTORNEY GENERAL /W Alamiah L. Shubrick Alannah L. Shubrick (FBN 1018806) Assistant Attorney General Complex Litigation Office ofthe Attorney General The Capitol,PL-01 Tallahassee,FL 32399-1050 alannah.shubrick@myfloridalegal.com (850) 414-3699 Counsel for FECC & Gov. DeSantis Page 8 of 8