Sheila Cherfilus-McCormick Files Election Lawsuit On Nov. 11

Filing # 138346256 E-Filed 11/11/2021 11:09:32 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL

CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY
CIRCUIT CIVIL DIVISION
CASE NO.
SHEILA CHERFILUS-McCORMICK,
Candidate, Democratic Primary,
U.S. Representative, Florida District 20,
Plaintiff,
vs
BROWARD COUNTY CANVASSING BOARD,

Consisting of County Judge DEBORAH
CARPENTER-TOYE, Chair,
Vice County Mayor MICHAEL UDINE,
solely in their official capacities as
Members of the Canvassing Board, and
Supervisor of Elections JOE SCOTT,
solely in his official capacities as Supervisor
of Elections and Member of the Canvassing Board, and
DALE V.C. HOLNESS, Candidate, Democratic
Primary, U.S. Representative, Florida District 20,
Defendants.
/
VERIFIED COMPLAINT FOR ISSUANCE OF WRIT OF

MANDAMUS, INJUNCTION, AND DECLARATORY JUDGMENT;
REQUEST FOR EMERGENCY CONSIDERATION
Plaintiff Sheila Cherfilus-McCormick, a candidate for the
Democratic Primary Nomination for U.S. Representative, Florida
District 20, sues the Broward County Canvassing Board and its
members to prohibit the illegal counting of ballots.
Three (3) Vote-by-Mail Ballots reviewed by the Canvassing
Page 1 of 17
Board on November 5, 2021, and set aside to be counted in the
canvassing of the official returns and certification of the election to
occur on November 12, 2021, cannot be counted as a matter of law.
These ballots cannot be canvassed or counted in accordance with
Sections 101.68, 102.141, or 102.166, Florida Statutes (2021).
Plaintiff asks for issuance of a temporary and permanent
injunction precluding the counting of the three (3) Vote-by-Mail
Ballots, a declaratory judgment affirming that the three (3) Vote-by-
Mail Ballots cannot be counted, and a writ of mandamus compelling
the Canvassing Board and the Supervisor to not count the three (3)
Vote-by-Mail Ballots. This matter requires emergency consideration
in advance of the opening of the Vote-by-Mail envelopes on November
12, 2021.
Defendant Dale V.C. Holness is also a candidate for the
Democratic Primary Nomination for U.S. Representative, Florida
District 20, who sought the canvassing of the three (3) Vote-by-Mail
Ballots after the unofficial returns were reported to the Florida
Division of Elections.
NATURE OF THIS LITIGATION
1. This election lawsuit is brought to prohibit the Broward
Page 2 of 17
Canvassing Board from authorizing and the Broward County
Supervisor of Elections from counting Vote-by-Mail Ballots after the
submission of the Unofficial Returns to the Florida Department of
State on November 4, 2021, as required by law.
2. As directed by 102.141(7), Florida Statutes (2021), once
the “unofficial returns” have been submitted to the Florida
Department of State Division of Elections and a machine recount is
ordered, the Canvassing Board is no longer authorized to further
review Vote-by-Mail Ballots received by the Supervisor of Elections at
the close of the Election Day polls on November 2, 2021. Instead, as
required by Section 102.141(5), “the canvass of all ballots” must be
completed and the results transmitted to the Division of Elections as
the “unofficial returns “no later than noon on the third day after any
primary election …” Thus, the very last day for canvassing (counting)
Vote-by-Mail Ballots is November 4, 2021.1
3. The Canvassing Board announced at its November 5, 2021
Meeting that it had approved the canvassing of three (3) Vote-by-Mail
1 Plaintiff recognizes that Florida law permits a ten-day extension for the receipt
of ballots from absent active-duty military voters, absent dependents and
spouses of active-duty military voters, and overseas U.S. eligible voters. The
ballots at issue in this matter do not qualify for that extension.
Page 3 of 17
Ballot envelopes upon a further review of the signatures. Those ballot
envelopes have not yet been opened and the enclosed ballots counted
by the Canvassing Board but have been set aside for canvassing
(counting) and inclusion in the official returns transmitted to the
Division of Elections following the November 12, 2021 Canvassing
Board meeting.
4. The canvassing and counting of these additional three (3)
Vote-by-Mail Ballots is illegal and not authorized. Moreover, the
signature-match process used by the Canvassing Board at its
November 5, 2021 meeting was flawed and contrary to law. These
ballots do not represent true ballots signed by the actual voters
named on the ballot envelopes as required by Florida’s Elections
Code, including Sections 101.68 and 102.141.
JURISDICTION AND VENUE
5. This Court has jurisdiction under Art. I, § 24(a), Florida
Constitution, Art. V, § 5(b), Florida Constitution, Chapter 119, §§
26.012(2)(a), and § 86.011, Florida Statutes (2021), among other
controlling provisions of Florida law.
6. This Court has jurisdiction to issue writs of mandamus
and orders for declaratory judgments pursuant to Art. V., § 5(b), Fla.
Page 4 of 17
Const., and § 86.011, Florida Statutes (2021).
7. This Court has jurisdiction to issue injunctions pursuant
to § 26.012(3), Fla. Stat., and Rule 1.610 of the Florida Rules of Civil
Procedure.
8. This Court has personal and subject matter jurisdiction
over the parties and this action, and venue is proper in this county.
9. Plaintiff seeks a declaration from this Court regarding
disputed issues, as to her (and Broward County Democratic
registered voters’) rights, title, status, and interest on the
fundamental questions of whether Vote-by-Mail Ballots can be
canvassed or re-canvassed and counted after the transmission of the
unofficial returns to the Florida Division of Elections on November 4,
2021, that resulted in the Order on Conduct of Machine Recount
issued November 4, 2021.
10. All conditions precedent occurred, have been performed,
have been met, have been waived, would be futile, or are otherwise
inapplicable.
11. No remedy at law is available to cure the election law
violations presented in this Complaint.
Page 5 of 17
PARTIES
12. Plaintiff Sheila Cherfilus-McCormick is a Broward County
registered voter, a registered Democrat, and a candidate for election
in the Special Primary Election for U.S. House of Representatives,
Florida District 20, on November 2, 2021.
13. Defendant Broward County Canvassing Board is the
official elections canvassing board organized in accordance with
Section 102.141, Florida Statutes, to canvass ballots for the Special
Primary Election on November 2, 2021.
14. Defendant County Judge Deborah Carpenter-Toye is the
Chair of the Broward County Canvassing Board and is sued solely in
her official capacity.
15. Defendant Vice County Mayor Michael Udine is a Member
of the Broward County Canvassing Board and is sued solely in his
official capacity.
16. Defendant Supervisor of Elections Joe Scott is a Member
of the Broward County Canvassing Board and is sued solely in his
official capacities as Supervisor of Elections and Member of the
Canvassing Board.
Page 6 of 17
17. Defendant Dale V.C. Holness (“Holness”) is a Broward
County registered voter, a registered Democrat, and a candidate for
election in the Special Primary Election for U.S. House of
Representatives, Florida District 20, on November 2, 2021.
EXPEDITED HEARING
18. Plaintiff requests an expedited hearing based on the need
to submit official returns to the Florida Division of Elections on or
before November 14, 2021.
19. Section 86.111, Fla. Stat., provides that in considering “a
judgment for declaratory relief,” the “court may order a speedy
hearing of an action for a declaratory judgment and may advance it
on the calendar.”
FACTS
20. On November 4, 2021, the Broward County Canvassing
Board completed its canvass of ballots from the November 2, 2021
Special Primary Election for United States Representative in
Congress, District 20. This canvass included all Vote-by-Mail Ballots
received as of the close of the polls on Election Day and all signature
cure affidavits and provisional ballots.
21. On the same day, the Canvassing Board transmitted the
Page 7 of 17
results of its canvassing, pursuant to § 102.141, to the Florida
Division of Elections, resulting in the Secretary of State Order on
Conduct of Machine Recount issued November 4, 2021 (Exhibit A).
22. The Machine Recount Order directed the Canvassing
Board to “conduct a machine recount of the votes cast in the race in
accordance with Section 102.141(7), Florida Statutes.”
23. The Broward Canvassing Board submitted its machine
recount results to the Division of Elections as required, resulting in
the issuance of the Order by Secretary of State on Conduct of Manual
Recount dated November 5, 2021, directing the Canvassing Board “to
conduct a manual recount of the overvotes and undervotes cast in
the race” in accordance with § 102.166, Florida Statutes (Exhibit B).
24. On November 5, 2021, while the machine recount was
being conducted, the Canvassing Board agreed with a request by
candidate Holness to make previously canvassed and rejected Vote-
by-Mail Ballots available for review by representatives of the
candidates. The Board then agreed with the request by candidate
Holness to reconsider six (6) ballots that previously had been rejected
for non-conforming signatures pursuant to § 101.68. The Board
voted 2-1 to accept three (3) of these ballots. Plaintiff objected to the
Page 8 of 17
reconsideration, but the Canvassing Board decided it would count
the three (3) ballots with the official returns to be submitted to the
Division of Elections by November 14, 2021. Those three (3)
envelopes were set aside to be opened and counted by the Canvassing
Board at its meeting on November 12, 2021.
25. None of the three (3) re-reviewed ballot envelopes
constitute true votes and do not bear signatures that match the
voters’ signatures in the registration books or cure affidavits as
required by § 101.68(2)(c).
26. The Canvassing Board considered extraneous, unsworn,
speculative, or unverified information, not presented at the public
Canvassing Board meeting, when validating these three (3) ballot
envelopes. This information included a telephone call, outside the
presence of the Canvassing Board and the public, by Supervisor of
Elections personnel that allegedly verified the information on one of
the Vote-by-Mail Ballot envelopes. None of the information
considered by the Canvassing Board to validate these Vote-by-Mail
Ballots is allowed by Florida statute or rule, and none of the
information was derived from a cure affidavit. These votes are,
accordingly, illegal and must not be further canvassed or counted.
Page 9 of 17
CLAIMS FOR RELIEF
COUNT 1: MANDAMUS
27. Plaintiff incorporates Paragraphs 1 through 26 of this
Complaint, including all attachments, as if set forth herein.
28. Plaintiff seeks a writ of mandamus from this Court
compelling Defendants Canvassing Board and Supervisor Scott to
not further canvass or count the three Vote-by-Mail Ballots reviewed
after the transmission of the unofficial results in violation of the
limited and specific recount directive ordered by the Secretary of
State and authorized by Florida law, including §§ 102.141(7) and
102.166, Florida Statutes.
29. Plaintiff has no adequate remedy at law.
30. The Canvassing Board has no authority to re-canvass and
count Vote-by-Mail Ballots after transmission of the unofficial results
and during the machine or manual recounting process.
31. Defendant Canvassing Board has a nondiscretionary,
indisputable, ministerial legal duty under §§ 101.68, 102.141, and
102.166 to cease counting Vote-by-Mail Ballots after the
transmission of the unofficial results and during the machine and
manual recounts.
Page 10 of 17
33. Defendants Canvassing Board and Supervisor Scott have
violated, and are continuing to violate, Florida law by canvassing and
counting Vote-by-Mail Ballots after the statutorily allowable time.
34. Defendants Canvassing Board and Supervisor Scott have
an affirmative duty to include only the results of the machine and
manual recounts, with the addition of any overseas ballots approved
for extended counting, into the official returns to be filed with the
Division of Elections no later than November 14, 2021.
35. Defendants Canvassing Board and Supervisor Scott are in
violation of Florida Election law by canvassing and counting the Vote-
by-Mail Ballots described in this Complaint.
36. Mandamus is needed to enforce this clearly established
mandatory statutory duty and obligation.
37. Plaintiff is harmed by the failure of the Canvassing Board
and Supervisor Scott to comply with this clear legal requirement.
38. Mandamus serves the public interest for the reasons set
forth in this Complaint.
39. A writ of mandamus should issue compelling Defendant
Canvassing Board to not canvas and Defendant Supervisor Scott to
not count the three (3) Vote-by-Mail Ballots identified in this
Page 11 of 17
Complaint.
COUNT 2: TEMPORARY AND PERMANENT INJUNCTION
41. This is an action for temporary and permanent injunctive
relief to require that Defendant Canvassing Board not canvas and
count the three (3) Vote-by-Mail Ballots identified in this Complaint.
42. Injunctive relief is supported by the Plaintiff’s sworn and
Verified Complaint.
43. Injunctive relief is necessary to preserve, protect, and
assure the accuracy of the November 2, 2021 Special Primary
Election in accordance with the Florida Constitution and the Florida
Election Code.
44. Plaintiff s suffered and will further suffer irreparable harm
by the continued actions of the Canvassing Board and Supervisor
Scott to canvas and count the three (3) Vote-by-Mail Ballots.
45. Plaintiff has a clear legal right to the relief requested for
the reasons set forth inthis Complaint. Plaintiff is likely to succeed
on the merits of the case as Defendants are acting in violation of
Florida’s Election Laws.
Page 12 of 17
46. Plaintiff has no adequate remedy at law available to protect
and preserve the accuracy and integrity of the election in accordance
with Florida law.
47. An injunction serves the public interest for the reasons set
forth throughout this Complaint.
48. Temporary and permanent injunctions should issue to
require that Defendants Canvassing Board and Supervisor Scott not
canvas or count the three (3) Vote-by-Mail Ballots identified in this
Complaint.
COUNT 3: DECLARATORY JUDGMENT
50. A bona fide dispute exists between the parties.
51. Plaintiff is in substantial doubt and requires judicial
confirmation as to the rights, title, status, and interests arising from
the November 2, 2021 Special Primary Election, and is entitled to
have her rights validated by the Court.
52. There is an actual, present need for the declaration.
53. A declaratory judgment is in the public interest for reasons
set forth above.
Page 13 of 17
54. Declaratory relief preserves the rights of all voters in
Congressional District 20 and upholds the requirements of Florida’s
Elections Law.
55. Plaintiff seeks entry of a declaratory judgment declaring
that Defendants Canvassing Board and Supervisor Scott cannot
canvas and count Vote-by-Mail Ballots (except insofar as valid
overseas ballots are lawfully counted) after the transmission of the
unofficial results to the Division of Elections prior to any recount
being ordered.
CONCLUSION
56. Plaintiff asks this Court for the following relief:
a. That the Court assume jurisdiction over this action.
b. A declaration, judgment, or order finding and
directing that the three (3) Vote-by-Mail Ballots identified in this
Complaint cannot be canvassed or counted.
c. Similarly, a declaration, judgment, or order finding
and directing that Defendants Canvassing Board and Supervisor
Scott are not authorized to canvas and count Vote-by-Mail Ballots
after the transmission of the unofficial results to the Division of
Elections prior to any recount being ordered.
Page 14 of 17
d. A temporary restraining order requiring Defendants
Canvassing Board and Supervisor Scott to not canvas and count the
three (3) Vote-by-Mail Ballots identified in this Complaint.
e. A writ of mandamus ordering Defendants Canvassing
Board and Supervisor Scott to not canvas and count the three (3)
Vote-by-Mail Ballots identified in this Complaint.
f. Temporary and permanent injunctive relief requiring
Defendants Canvassing Board and Supervisor Scott to not canvas
and count the three (3) Vote-by-Mail Ballots identified in this
Complaint.
g. Plaintiff further asks that upon a final hearing of this
cause, the Court declare that Defendants Canvassing Board and
Supervisor Scott are not allowed to canvas or count thethree (3) Vote-
by-Mail Ballots identified in this Complaint.
h. A judgment or order assessing the costs of this action
against Defendants Canvassing Board and Supervisor Scott.
i. A judgment or order awarding Plaintiff reasonable
attorneys’ fees and costs if allowed by law.
j. Grant such other and further relief as would be just
and proper.
Page 15 of 17
CERTIFICATE OF SERVICE
I certify this document was efiled on November 11, 2021, to:
BURNADETTE NORRIS- NATHANIEL A. KLITSBERG

WEEKS Fla. Bar No. 307520
Law Office of Burnadette Broward County Attorney’s Office
Norris-Weeks PA 115 South Andrews Avenue,
401 NW 7th Ave Suite 423
Fort Lauderdale, FL 33311- Fort Lauderdale, FL 33301
8134 Tel: (954)357-7600
Tel: 954-768-9770 nklitsberg@broward.org
bnorris@apnwplaw.com
/s/Benedict P. Kuehne
BENEDICT P. KUEHNE
Page 17 of 17
SECRETARY OF STATE ORDER
ON CONDUCT OF MACHINE RECOUNT
Section 102.141(7), Florida Statutes, provides that the Secretary of State is
responsible for ordering recounts in federal, state, and multicounty races when
the unofficial returns reflect that a candidate for any office was defeated or
eliminated by one-half of a percent or less of the votes cast for such office, that a
candidate for retention to a judicial office was retained or not retained by one-
half of a percent or less of the votes cast on the question of retention, or that a
measure appearing on the ballot was approved or rejected by one-half of a
percent or less of the votes cast on such measure.
Based upon the above statute and the unofficial returns reported to the
Division of Elections for the office of United States Representative in Congress,
District 20, in the Special Primary Election, held on November 2, 2021, I hereby
order the canvassing boards responsible for canvassing the above
race to conduct a machine recount of the votes cast in the race in
accordance with Section 102.141, Florida Statutes.
Pursuant to Section 102.141(7)(c), Florida Statutes, the results of the

machine recount shall be included in the second set of unofficial returns to be
filed with the Division of Elections no later than 3:00 p.m. on November 11, 2021.
GIVEN under my hand and the

Great Seal of the State of Florida,
at Tallahassee, this the 4th day of
November, A.D., 2021.
Laurel M. Lee
Secretary of State
EXHIBIT A
ORDER BY SECRETARY OF STATE
ON CONDUCT OF MANUAL RECOUNT
Section 102.166(1), Florida Statutes, provides that if the second set of unofficial returns
indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or
less of the votes cast for such office, that a candidate for retention to a judicial office was retained
or not retained by one-quarter of a percent or less of the votes cast on the question of retention, or
that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or
less of the votes cast on such measure, a manual recount of the overvotes and undervotes cast in
the entire geographic jurisdiction of such office or ballot measure shall be ordered unless:
(a) The number of overvotes and undervotes is fewer than the number of votes needed to
change the outcome of the election; or
(b) The candidate(s) defeated or eliminated from contention requests in writing that a recount
not be made.
The Secretary of State is responsible for ordering a manual recount for federal, state, and
multicounty races.
The second unofficial returns reported to the Division of Elections for the Special Primary
Election, held on November 2, 2021, indicate that the race for United States Representative in
Congress, District 20, are within the margin for a manual recount. The number of overvotes and
undervotes is not fewer than that needed to change the outcome of the election. No eliminated
candidate has requested in writing that a recount not be made. I hereby order the canvassing
board(s) responsible for canvassing the above race(s) to conduct a manual recount of the
overvotes and undervotes cast in the race(s) in accordance with Section 102.166, Florida
Statutes.
Pursuant to Section 102.112(2), Florida Statutes, the results of the manual recount shall
be included in the official returns to be filed with the Division of Elections no later than Noon on
November 14, 2021.
GIVEN under my hand and the

Great Seal of the State of Florida,
at Tallahassee, this the 5th day of
November, A.D., 2021.
Laurel M. Lee
Secretary of State
EXHIBIT B
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR BROWARD COUNTY
CASE NO.
Plaintiff,
vs

Consisting of County Judge Deborah
Carpenter-Toye, Chair,
Vice County Mayor Michael Udine, and
Supervisor of Elections Joe Scott,
solely in their official capacities as Members of the Canvassing Board, and
Defendants.
/
BROWARD COUNTY CANVASSING BOARD

C/O JOE SCOTT, Broward County Supervisor of Elections
Broward County Supervisor of Elections Office
115 S. Andrews Ave., Room 102
Fort Lauderdale, FL 33301
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this
summons is served on you to file a written response to the attached Complaint
with the clerk of this circuit court, UNLESS OTHERWISE DIRECTED BY THE
COURT. A phone call will not protect you. Your written response, including the
case number given above and the names of the parties, must be filed if you want
the court to hear your side of the case. If you do not file your response on time,
you may lose the case, and a judgment may be entered for the Plaintiff without
further warning from the court. There are other legal requirements. You may
want to call an attorney right away. If you do not know an attorney, you may call
an attorney referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file
your written response to the court, you must also mail or take a copy of your
written response to the Plaintiff’s attorney named below.
BENEDICT P. KUEHNE
Florida Bar No. 233293
MICHAEL T. DAVIS
KUEHNE DAVIS LAW, P.A.
Miami Tower, Suite 3105
100 S.E. 2nd Street
Miami, FL 33131-2154
Tel: (305) 789-5989
Fax: (305) 789-5987
ben.kuehne@kuehnelaw.com
mdavis@kuehnelaw.com
efiling@kuehnelaw.com
IMPORTANTE
Usted ha sido demandado legalmente. Tiene veinte (10) dias, contados a
partir del recibo de esta notificacion, para contestar la demanda adjunta, por
escrito, y presentarla ante este tribunal. Una llamada telefonica no lo protegera.
Si usted desea que el tribunal considere su defensa, debe presentar su respuesta
por escrito, incluyendo el numero del caso y los nombres de las partes
interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso
y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos,
sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, usted
puede consultar a un abogado immediatamente. Si no conoce a un abogado,
puede llamar a una de las oficinas de asistencia legal que aparecen en la guia
telefonica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que

presente su respuesta ante el tribunal, usted debe enviar por correo o entregar
una copia de su respuesta a la persona denominada abajo como
"Plaintiff/Petitioner." (Demandante o Aboeado del Demandante).
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 10
jours consecutifs a partir de la date de l'assignation de cette citation pour
deposer une response ecrite a la plainte ci-jointe aupres de ce tribunal. Un
simple coup de telephone est insuffisant pour vous proteger; vous etes obliges
de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et
du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre
cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous
risquez de perdre la cause ainsi que votre salaire, votreargent, et vos biens
peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a
d'autres obligations juridiques et vous pouvez requerir les services immediats
d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un
service de reference d'avocats ou a un bureau d'assistance juridique (figurant a
l'annuaire de telephones).
Si vous choisissez de deposer vous-meme une response ecrite, il vous

faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier
une copie au carbone ou une photocopie de votre reponse ecrite au
"Plaintiff/Petitioner." (Plaignant ou a son avocat) nomme ci-dessous.
THE STATE OF FLORIDA

TO EACH SHERIFF OF THE STATE: You are commanded to serve this
summons and a copy of the complaint in this lawsuit on the above named
defendant.
DATED: November , 2021

(SEAL)
CLERK OF THE CIRCUIT COURT

By:
Deputy Clerk
CASE NO.
Plaintiff,
vs

Defendants.
/
DALE V.C. HOLNESS

4325 W. Sunrise Blvd.
Plantation, FL 33313
IMPORTANT
Page 1 of 3
BENEDICT P. KUEHNE
MICHAEL T. DAVIS
100 S.E. 2nd Street
Miami, FL 33131-2154
Tel: (305) 789-5989
Fax: (305) 789-5987
IMPORTANTE
telefonica.

IMPORTANT
Page 2 of 3


summons and a copy of the complaint in this lawsuit on the above-named
defendant.

(SEAL)

By:
Deputy Clerk
Page 3 of 3
CASE NO.
Plaintiff,
vs

Carpenter-Toye, Chair,
Vice County Mayor Michael Udine, and
Supervisor of Elections Joe Scott,
solely in their official capacities as Members of the Canvassing Board, and
Defendants.
/
JOE SCOTT, in his official capacity

as Broward County Supervisor of Elections
Broward County Supervisor of Elections Office
IMPORTANT
BENEDICT P. KUEHNE
MICHAEL T. DAVIS
100 S.E. 2nd Street
Miami, FL 33131-2154
Tel: (305) 789-5989
Fax: (305) 789-5987
IMPORTANTE
telefonica.

IMPORTANT


summons and a copy of the complaint in this lawsuit on the above named
defendant.

(SEAL)

By:
Deputy Clerk
CASE NO.
Plaintiff,
vs

Defendants.
/
County Judge Deborah Carpenter-Toye, Chair,

Broward County Canvassing Board, in her official capacity
C/O Broward County Supervisor of Elections Office
IMPORTANT
Page 1 of 3
BENEDICT P. KUEHNE
MICHAEL T. DAVIS
100 S.E. 2nd Street
Miami, FL 33131-2154
Tel: (305) 789-5989
Fax: (305) 789-5987
IMPORTANTE
telefonica.

IMPORTANT
Page 2 of 3


defendant.

(SEAL)

By:
Deputy Clerk
Page 3 of 3
CASE NO.
Plaintiff,
vs

Defendants.
/
Vice County Mayor Michael Udine, Member,

Broward County Canvassing Board, in his official capacity
C/O Broward County Supervisor of Elections Office
IMPORTANT
Page 1 of 3
BENEDICT P. KUEHNE
MICHAEL T. DAVIS
100 S.E. 2nd Street
Miami, FL 33131-2154
Tel: (305) 789-5989
Fax: (305) 789-5987
IMPORTANTE
telefonica.

IMPORTANT
Page 2 of 3


defendant.

(SEAL)

By:
Deputy Clerk
Page 3 of 3

Sheila Cherfilus-McCormick Files Election Lawsuit On Nov. 11

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Filing # 138346256 E-Filed 11/11/2021 11:09:32 AM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL

BROWARD COUNTY CANVASSING BOARD,

VERIFIED COMPLAINT FOR ISSUANCE OF WRIT OF

Plaintiff Sheila Cherfilus-McCormick, a candidate for the

Democratic Primary Nomination for U.S. Representative, Florida

members to prohibit the illegal counting of ballots.

Three (3) Vote-by-Mail Ballots reviewed by the Canvassing

canvassing of the official returns and certification of the election to

occur on November 12, 2021, cannot be counted as a matter of law.

These ballots cannot be canvassed or counted in accordance with

Sections 101.68, 102.141, or 102.166, Florida Statutes (2021).

Plaintiff asks for issuance of a temporary and permanent

injunction precluding the counting of the three (3) Vote-by-Mail

Ballots, a declaratory judgment affirming that the three (3) Vote-by-

Mail Ballots cannot be counted, and a writ of mandamus compelling

Vote-by-Mail Ballots. This matter requires emergency consideration

in advance of the opening of the Vote-by-Mail envelopes on November

Defendant Dale V.C. Holness is also a candidate for the

Democratic Primary Nomination for U.S. Representative, Florida

Ballots after the unofficial returns were reported to the Florida

NATURE OF THIS LITIGATION

1. This election lawsuit is brought to prohibit the Broward

Supervisor of Elections from counting Vote-by-Mail Ballots after the

submission of the Unofficial Returns to the Florida Department of

State on November 4, 2021, as required by law.

2. As directed by 102.141(7), Florida Statutes (2021), once

the “unofficial returns” have been submitted to the Florida

Department of State Division of Elections and a machine recount is

ordered, the Canvassing Board is no longer authorized to further

review Vote-by-Mail Ballots received by the Supervisor of Elections at

the close of the Election Day polls on November 2, 2021. Instead, as

required by Section 102.141(5), “the canvass of all ballots” must be

completed and the results transmitted to the Division of Elections as

Vote-by-Mail Ballots is November 4, 2021.1

3. The Canvassing Board announced at its November 5, 2021

Meeting that it had approved the canvassing of three (3) Vote-by-Mail

(counting) and inclusion in the official returns transmitted to the

Division of Elections following the November 12, 2021 Canvassing

4. The canvassing and counting of these additional three (3)

Vote-by-Mail Ballots is illegal and not authorized. Moreover, the

signature-match process used by the Canvassing Board at its

November 5, 2021 meeting was flawed and contrary to law. These

ballots do not represent true ballots signed by the actual voters

named on the ballot envelopes as required by Florida’s Elections

Code, including Sections 101.68 and 102.141.

JURISDICTION AND VENUE

5. This Court has jurisdiction under Art. I, § 24(a), Florida

Constitution, Art. V, § 5(b), Florida Constitution, Chapter 119, §§

26.012(2)(a), and § 86.011, Florida Statutes (2021), among other

controlling provisions of Florida law.

6. This Court has jurisdiction to issue writs of mandamus

7. This Court has jurisdiction to issue injunctions pursuant

8. This Court has personal and subject matter jurisdiction

9. Plaintiff seeks a declaration from this Court regarding

disputed issues, as to her (and Broward County Democratic

registered voters’) rights, title, status, and interest on the

fundamental questions of whether Vote-by-Mail Ballots can be

canvassed or re-canvassed and counted after the transmission of the

unofficial returns to the Florida Division of Elections on November 4,

2021, that resulted in the Order on Conduct of Machine Recount

issued November 4, 2021.

10. All conditions precedent occurred, have been performed,