IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA — CIVIL DIVISION
CASE NO: CL 00-10992 AF
BEVERLY ROGERS and RAY KAPLAN, individually and on behalf of others similarly situated electors in Palm Beach County, Florida, Plaintiff(s),
ELECTIONS CANVASSING COMMISSION OF 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.
B. Plaintiff shall post a nominal bond in the amount of $1.00.
C. A hearing on whether the Temporary Preliminary Injection shall be extended, modified or dissolved will be held on TUESDAY, NOVEMBER 14, 2000 at 1:00 p.m., before the undersigned, at the Palm Beach County Courthouse, Courtroom #9B, 205 N. Dixie Highway, W. Palm Beach, Florida 33401.
D. Plaintiffs shall forthwith notify all Defendants.
“If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator in the Administration Office of the Court, 205 North Dixie Highway, Room 5.25000. West Palm Beach, Florida 33401, telephone (581) 355-4380 within two (2) working days of your receipt of this Order, if you are hearing or voice impaired, call 1-800-955-8771.
DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, this 9 day of November, 2000 at 7:28 p.m.
[signed] LUCY CHERNOW BROWN, Circuit Court Judge
COPIES: SEE ATTACHED LIST
DAVID KRATHEN, ESQ. MICHAEL FREEDLAND, ESQ. 888 E. LAS OLAS BLVD., 3200 FT. LAUDERDALE, FL 33301
GARY FARMER, ESQ. 1080 S.E. THIRD AVE. FT. LAUDERDALE, FL 33316
GOVERNOR JEB BUSH OFFICE OF THE GOVERNOR, THE CAPITOL TALLAHASSEE, FL 32399
L. CLAYTON FIELDS, ESQ. DIR. OF STATE, DIV. OF ELECTIONS THE CAPITOL, ROOM 1801 TALLAHASSEE, FL 32399
VICE PRESIDENT AL GORE, JR. 601 MAINSTREAM DR. NASHVILLE, TN 37228
KATHERINE HARRIS SEC. OF STATE THE CAPITOL TALLAHASSEE, FL 32399
THERESA LEPORE SUPERVISOR OF ELECTIONS PBC GOVERNMENTAL CENTER 301 N. OLIVE AVE. W. PALM BEACH, FL 33401
GOVERNOR GEORGE BUSH P.O. BOX 1902 AUSTIN, TX 78767