Case: Bill Nelson For US Senate v. Detzner

4:18-cv-00536 | U.S. District Court for the Northern District of Florida

Filed Date: Nov. 15, 2018

Closed Date: Nov. 30, 2018

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Case Summary

This case involves a recount conducted by Palm Beach County, Florida for a U.S. Senate race. The two major-party candidates were separated by a narrow margin after the general election. Florida’s Secretary of State declared a machine recount pursuant to Florida statute. One day before the deadline for the machine recount to be completed, a Democratic senatorial political campaign filed suit against the Florida Secretary of State, Palm Beach County Canvassing Board, and Palm Beach County Supervisor of Elections, alleging that Palm Beach County had announced it would be unable to meet the statutory deadline for a machine recount and planned to cease the machine recount entirely. Plaintiff filed suit in Leon County, Florida circuit court on November 15, 2018, and the defendants removed the case to the U.S. District Court for the Northern District of Florida the next day. Plaintiffs alleged that Palm Beach County’s inability to conduct a machine recount violated Florida statutes and federal equal protection rights. Plaintiffs sought non-monetary declaratory and injunctive relief, including to require the defendants to conduct a full hand recount of all votes cast in Palm Beach County.

On the same day the case was removed to federal court, the National Republican Senatorial Committee intervened and argued that Florida law did not provide for a manual recount of all votes—only overvotes and undervotes. By later in the day, the machine recount had been completed and the manual recount had begun. At an evening hearing, Plaintiff’s counsel complained that although the County had completed the machine recount, it intended to revert to election night machine count totals, adding them to the totals from the hand recount for the final certification, and that the county refused to release the results of the machine recount. Counsel for the County Election Supervisor represented that the machine recount totals would be used in addition to the manual recount totals for the final certification and that the machine recount results would be released after certain internal issues were resolved. Plaintiff’s counsel expressed satisfaction that the machine recount figures would be used in the final certification.

After the election results were certified, Plaintiff voluntarily dismissed the action on November 29, 2018, and the Court entered judgment and closed the file on November 30, 2018.

Summary Authors

LFAA (8/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13570314/parties/bill-nelson-for-u-s-senate-v-detzner/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

ADAMS, JOHN DONLEY (Florida)

BARDOS, ANDY V (Florida)

BAUMANN, ANDREW BAUMANN (Florida)

BILIK, ROBERT ERIC (Florida)

DAVIS, ASHLEY E (Florida)

Judge(s)

Walker, Mark Eaton (Florida)

Attorney for Plaintiff

NKWONTA, UZOMA NKEM (Florida)

Attorney for Defendant

ADAMS, JOHN DONLEY (Florida)

BARDOS, ANDY V (Florida)

BAUMANN, ANDREW BAUMANN (Florida)

BILIK, ROBERT ERIC (Florida)

DAVIS, ASHLEY E (Florida)

FITZGERALD, MATTHEW ALLEN (Florida)

JAZIL, MOHAMMAD OMAR (Florida)

KATO, NATALIE (Florida)

LEVESQUE, GEORGE TY (Florida)

MCVAY, BRADLEY ROBERT (Florida)

MEANS, MALCOLM NOBLE (Florida)

MYDOCK, KIMBERLY TOLLAND (Florida)

PERKO, GARY VERGIL (Florida)

TORCHINSKY, JASON BRETT (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:18-cv-00536	Notice of Removal Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
12 4:18-cv-00536	Order Directing Parties to Clarify Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Order/Opinion
16 4:18-cv-00536	The National Republican Senatorial Committee's Response to Court's Request for Clarification Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
17 4:18-cv-00536	Plaintiff's Response to Order to Clarify Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
18 4:18-cv-00536	Secretary's Response to Order Directing Parties to Clarify	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
20 4:18-cv-00536	Plaintiff's Supplemental Response to Order to Clarify	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
24 4:18-cv-00536	Transcript of Telephonic Hearing Before the Honorable Mark E. Walker United States Chief District Judge	Nov. 16, 2018	Nov. 16, 2018 Transcript
3 4:18-cv-00536	The National Republican Senatorial Committee's Emergency Motion to Intervene Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Pleading / Motion / Brief
4 4:18-cv-00536	Order Granting Emergency Motion to Intervene Bill Nelson for U.S. Senate v. Detzner, et al.	Nov. 16, 2018	Nov. 16, 2018 Order/Opinion
26 4:18-cv-00536	Supplemental Order	Nov. 19, 2018	Nov. 19, 2018 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13570314/bill-nelson-for-u-s-senate-v-detzner/

Last updated April 11, 2026, 5:07 a.m.

ECF Number	Date	Description	Link
1	Nov. 16, 2018	NOTICE OF REMOVAL by KEN DETZNER from Leon County Circuit Court, case number 2018-CA-002445. ( Filing fee $ 400 receipt number AFLNDC-4336753.), filed by KEN DETZNER. (PERKO, GARY) (Entered: 11/16/2018)	Clearinghouse
2	Nov. 16, 2018	CIVIL COVER SHEET. (PERKO, GARY) (Entered: 11/16/2018)	RECAP
3	Nov. 16, 2018	Emergency MOTION to Intervene by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (BARDOS, ANDY) (Entered: 11/16/2018)	Clearinghouse
4	Nov. 16, 2018	ORDER GRANTING EMERGENCY MOTION TO INTERVENE. This Court has considered, without hearing, The National Republican Senatorial Committees Emergency Motion to Intervene. ECF No. 3 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (kjw) (Entered: 11/16/2018)	Clearinghouse
5	Nov. 16, 2018	NOTICE of Appearance by ROBERT ERIC BILIK on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (BILIK, ROBERT) (Entered: 11/16/2018)	RECAP
6	Nov. 16, 2018	NOTICE of Appearance by KIMBERLY TOLLAND MYDOCK on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (MYDOCK, KIMBERLY) (Entered: 11/16/2018)	RECAP
7	Nov. 16, 2018	Emergency MOTION to Appear Pro Hac Vice by John D. Adams.( Filing fee $ 201 receipt number AFLNDC-4337142.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (Attachments: # 1 Exhibit Exhibit) (BARDOS, ANDY) (Entered: 11/16/2018)	RECAP
8	Nov. 16, 2018	Emergency MOTION to Appear Pro Hac Vice by Matthew A. Fitzgerald.( Filing fee $ 201 receipt number AFLNDC-4337147.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (Attachments: # 1 Exhibit Exhibit) (BARDOS, ANDY) (Entered: 11/16/2018)	RECAP
9	Nov. 16, 2018	MOTION to Appear Pro Hac Vice by Uzoma N. Nkwonta.( Filing fee $ 201 receipt number AFLNDC-4337177.) by BILL NELSON FOR U S SENATE. (NKWONTA, UZOMA) (Entered: 11/16/2018)	RECAP
10	Nov. 16, 2018	NOTICE of Appearance by GEORGE TY LEVESQUE on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (LEVESQUE, GEORGE) (Entered: 11/16/2018)	RECAP
11	Nov. 16, 2018	ORDER ADMITTING JOHN D. ADAMS PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of John D. Adams. ECF No. 7 . The motion is GRANTED. Mr. Adams has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (kjw) (Entered: 11/16/2018)	RECAP
12	Nov. 16, 2018	ORDER DIRECTING PARTIES TO CLARIFY - The parties shall file briefs no later than 4:00 p.m. on 11/16/2018 to clarify whether there is a live issue in this matter. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (vkm) (Entered: 11/16/2018)	Clearinghouse
13	Nov. 16, 2018	ORDER ADMITTING MATTHEW A. FITZGERALD PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Matthew A. Fitzgerald. ECF No. 8 . The motion is GRANTED. Mr. Fitzgerald has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (kjw) (Entered: 11/16/2018)	RECAP
14	Nov. 16, 2018	ORDER ADMITTING UZOMA N. NKWONTA PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Uzoma N. Nkwonta. ECF No. 9 . The motion is GRANTED. Mr. Nkwonta has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (kjw) (Entered: 11/16/2018)	RECAP
15	Nov. 16, 2018	NOTICE of Appearance by ANDREW BAUMANN, I on behalf of SUSAN M BUCHER, PALM BEACH COUNTY CANVASSING BOARD (BAUMANN, ANDREW) (Entered: 11/16/2018)	RECAP
16	Nov. 16, 2018	RESPONSE by NATIONAL REPUBLICAN SENATORIAL COMMITTEE re 12 Order,, Set Deadlines/Hearings, by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (MYDOCK, KIMBERLY) (Entered: 11/16/2018)	Clearinghouse
17	Nov. 16, 2018	RESPONSE by BILL NELSON FOR U S SENATE re 12 Order,, Set Deadlines/Hearings, Clarify. (MEYER, RONALD) (Entered: 11/16/2018)	Clearinghouse
18	Nov. 16, 2018	RESPONSE to Motion re 3 Emergency MOTION to Intervene Secretary's Response to Order Directing Parties to Clarify filed by KEN DETZNER. (JAZIL, MOHAMMAD) (Entered: 11/16/2018)	Clearinghouse
19	Nov. 16, 2018	ORDER GRANTING TIME EXTENSION - Plaintiff seeks leave to file a further update to this Court by 5:00 p.m. EST. ECF No. 17 . To the extent this is a motion for a one-hour time extension, the motion is GRANTED. Plaintiff shall submit an answer to this Court by 5:00 p.m. EST on 11/16/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (vkm) (Entered: 11/16/2018)	RECAP
20	Nov. 16, 2018	RESPONSE by BILL NELSON FOR U S SENATE re 19 Order,, Set Deadlines/Hearings, 12 Order,, Set Deadlines/Hearings, CLARIFY - SUPPLEMENTAL. (MEYER, RONALD) (Entered: 11/16/2018)	Clearinghouse
21	Nov. 16, 2018	ORDER SETTING HEARING re 20 Response - This Court has considered, without hearing, Plaintiffs response requesting the production of documents. ECF No. 20. This matter shall be set for an emergency hearing on November 16, 2018, at 6:00 p.m. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (vkm) (Entered: 11/16/2018)	RECAP
22	Nov. 16, 2018	NOTICE OF TELEPHONIC HEARING: Telephonic Evidentiary Hearing Re: 20 Request for Production of Documents set for 11/16/2018 06:00 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGee Courtroom Deputy Clerk (vkm) (Entered: 11/16/2018)	RECAP
23	Nov. 16, 2018	Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Status Conference held on 11/16/2018. Parties discuss 20 Plaintiff's response requesting production of documents. Evidentiary hearing not held (Court Reporter Megan Hague). (vkm) (Entered: 11/16/2018)	Clearinghouse
24	Nov. 16, 2018	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Proceedings held on 11/16/2018, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2018. Release of Transcript Restriction set for 2/21/2019. (mah) (Entered: 11/16/2018)	Clearinghouse
25	Nov. 16, 2018	NOTICE of Appearance by JASON BRETT TORCHINSKY on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (TORCHINSKY, JASON) (Entered: 11/16/2018)	RECAP
26	Nov. 19, 2018	SUPPLEMENTAL ORDER: The parties are directed to confer and, after conferral, file indication of how they intend to proceed in this Court. The parties shall file this notice on or before 11/30/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/19/18. (amm) (Entered: 11/19/2018)	Clearinghouse
27	Nov. 29, 2018	Secretary's Unopposed MOTION for Extension of Time to File Responsive Pleadings in All Pending Cases by KEN DETZNER. (JAZIL, MOHAMMAD) Modified on 11/29/2018 to correct document title. (kjw) (Entered: 11/29/2018)	RECAP
28	Nov. 29, 2018	NOTICE of Voluntary Dismissal by BILL NELSON FOR U S SENATE (NKWONTA, UZOMA) (Entered: 11/29/2018)	Clearinghouse
29	Nov. 30, 2018	ORDER CLOSING FILE. Plaintiff has filed a Notice of Voluntary Dismissal dismissing with prejudice this action. ECF No. 28 . The Clerk must enter judgment stating, "This case is dismissed with prejudice under Federal Rule of Civil Procedure 41(a)." The Clerk must close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/30/2018. (kjw) (Entered: 11/30/2018)	Clearinghouse
30	Nov. 30, 2018	CLERK'S JUDGMENT re 29 ORDER CLOSING FILE. (kjw) 90 Day Exhibit Return Deadline set for 2/28/2019. (Entered: 11/30/2018)	Clearinghouse

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Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 15, 2018

Closing Date: Nov. 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Political campaign in support of Democratic candidate's election to U.S. Senate

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

County Canvassing Board

County Supervisor of Elections

State

Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Florida 4:18-cv-00536

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $0

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation

Case Summary of Bill Nelson For US Senate v. Detzner, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44768/ (last updated 8/13/2025).