Temporary Injunction in Palm Beach County

— --

IN THE CIRCUIT COURT OF THEFIFTEENTH JUDICIAL CIRCUIT INAND FOR PALM BEACH COUNTY,FLORIDA — CIVIL DIVISION

CASE NO: CL 00-10992 AF

BEVERLY ROGERS and RAY KAPLAN,individually and on behalf ofothers similarly situated electorsin Palm Beach County, Florida, Plaintiff(s),

vs.

ELECTIONS CANVASSING COMMISSIONOF THE STATE OF FLORIDA, et. al., Defendant(s).

TEMPORARY PRELIMINARY INJUNCTION

THIS MATTER is before the Court on Plaintiffs’ Motion for Preliminary Injunction and Verified Complaint. The Court, having reviewed the motion and verified pleading, grants the Motion for Temporary Preliminary Injection, pending a hearing with notice, for the reasons set forth below:

1. The Court finds this matter is governed by Rule 1.610, Florida Rules of Civil Procedure.

2. It appears from the specific facts shown by the verified pleading that irreparable injury will result to the movant before the parties can be heard in opposition. Specifically, Plaintiffs allege, on behalf of themselves and others similarly situated, that the ballot was designed and was printed in such a way that Plaintiffs were deprived of their right to freely express their will. Plaintiffs also allege that this resulted in their casting ballots in favor a candidate for whom they had no intention of voting, thus changing the outcome of the Presidential election.

3. The movants’ attorney certified in writing the efforts made to give all adverse parties notice.

4. Due to the facts and circumstances of this case, the Court deems a nominal bond to be appropriate.

5. To preserve the electoral process in this Presidential election and the important voters’ rights at stake, there is an immediate need for a resolution of this issue.

Therefore, it is

ORDERED AND ADJUDGED as follows:

A. Pending further Order of the Court, The Palm Beach County Elections Canvassing Commission is prohibited and enjoined from certifying as final the results of the election for President and Vice President of the United States as held in Palm Beach County, Florida.