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Brenda Snipes sues for reinstatement as Broward Co. Elections Supervisor, seeks emergency injunction

Brenda Snipes sues for reinstatement as Broward Co. Elections Supervisor, seeks emergency injunction

Snipes resigned effective January 4, 2019, then purported to rescind the resignation after Gov. Rick Scott removed her, now wants reinstatement alleging her constitutional rights were violated.

https://www.miamiherald.com/news/politics-government/state-politics/article222488620.html

Brenda Snipes, who resigned as Broward County Elections Supervisor effective January 4, 2019, then purported to rescind the resignation after Florida Governor and Senator-Elect Rick Scott removed her from office, has filed a lawsuit in federal court in the Northern District of Florida seeking reinstatement.

The Emergency Complaint (pdf.)(full embed at bottom of post) is being treated by the Court as a motion for a preliminary injunction.

Here are some of the key allegations:

25. Just prior to her resignation, Governor Scott orchestrated a campaign strategy where he filed numerous baseless lawsuits against Snipes; unsuccessfully attempted to send in the Florida Department of Law Enforcement citing untrue claims of election fraud on the part of Snipes and the Palm Beach County Supervisor of Elections.

26. Governor Scott also made other attempts to harass Snipes with allegations of unfounded criminal mischief, staged protesters and refused to assist Snipes’ office in any productive way – even though Governor Scott ordered several people from the Secretary of State’s Office to monitor Snipes during both the primary and general election.

27. Governor Scott, and others working on his behalf, tried in every way to damage Snipes’ reputation and inject doubt into the minds of Broward voters that the Broward County elections process was being conducted properly. Tweets from the President of the United States and untrue allegations made by Governor Scott resulted in death threats against Snipes and her family members.

* * *

31. Without notice, on November 30, 2018, Governor Scott issued Executive Order 18-342 suspending Snipes as the Broward County Supervisor of Elections. This action was taken after 5:00 PM on a Friday and state highway patrol officers were shown on television news stations for days parked outside of Supervisor of Elections Office buildings. (See Exhibit 4 — Executive Order 18-342).

32. If Snipes had been given the opportunity for adequate due process, Snipes would have defended herself against the allegations contained within Governor Scott’s Executive Order….

* * *

37. Snipes seeks to fight for her reputation and stand up against the embarrassment that has been caused by Governor Scott’s unnecessary and malicious suspension. There are false allegations contained within the Executive Order and Snipes has never had proper forum to state her position. The Governor’s suspension has gained national attention as a widely publicized matter. Snipes’ reputation as a well-respected leader within the State of Florida has been damaged while the Governor has mounted daily attacks through various sources aimed to damage Snipes.

* * *

43. In light of the Senate’s refusal to review the Governor’s actions, Governor Scott and the Senate are operating in concert to deny Snipes her due process rights under the Fourteenth Amendment of the United States Constitution.

Snipes also filed a Notice of Constitutional Challenge of Statute (pdf.)(full embed at bottom of post) challenging Florida election law.

A scheduling conference has been scheduled for December 20, 2018, according to a Court Order:

Plaintiff has filed her Emergency Complaint for Declaratory and Injunction Relief, ECF No. 1, claiming Florida law is unconstitutional regarding executive suspensions and seeking an injunction compelling Defendants to refrain from enforcing the law and to allow Plaintiff to resume her office as Supervisor of Elections of Broward County.

Plaintiff has not filed a motion for temporary restraining order. This Court will not issue an order without a hearing or an opportunity for Defendants to be heard.

This Court recognizes that Defendants have not been served and thus counsel for Defendants have not made appearances. However, time is of the essence and counsel for Plaintiff can certainly contact counsel for Defendants – General Counsel for the Governor and counsel for the President of the Florida Senate. To promote the orderly and prompt resolution of the of the motion,

IT IS ORDERED:

1. The attorneys for all parties must confer prior to the scheduling conference in a good faith effort to reach agreement on the scheduling of a hearing on the motion for a preliminary injunction and on other procedural and substantive issues relating to the motion, including the need for live testimony and the admissibility of declarations.

2. The Clerk shall set a telephonic scheduling conference for the motion for preliminary injunction, ECF No. 1, for Thursday, December 20, 2018, at 3:30 p.m.

3. Plaintiff shall ensure that Defendants are served with a copy of this order and the Emergency Complaint for Declaratory and Injunction Relief, ECF No. 1, by Tuesday, December 18, 2018, at 5:00 p.m. and file proof of service on or before Wednesday, December 19, 2018, at 10:00 a.m.

SO ORDERED on December 18, 2018.

[This post has been expanded and updated]

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Brenda Snipes v. Rick Scott… by on Scribd

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Brenda Snipes v. Rick Scott… by on Scribd

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Comments

Bitterlyclinging | December 18, 2018 at 4:16 pm

Do it! Or else!
Otherwise Rayciss!
This is the state that chose to unceremoniously hang a white guy to appease the howling black mob.

CaliforniaJimbo | December 18, 2018 at 4:19 pm

Somebody doesn’t want to lose her pension

    notamemberofanyorganizedpolicital in reply to CaliforniaJimbo. | December 19, 2018 at 2:17 pm

    BTW where are the Lawsuits Against Ms. Brenda?????

    PersonofInterests in reply to CaliforniaJimbo. | December 20, 2018 at 10:08 am

    If she could do the time, then she shouldn’t have done the crime.

    She didn’t give a damn about disenfranchising voters not only in Broward County, but the whole State. Too freaking bad but maybe George S. will come to her rescue??

This is what happens when a proper audit is not conducted, both on the votes and her budget. It is clear that she was aware that votes were being manufactured and an audit would reveal the same. I also expect budgetary mismanagement.

her next position in government should be as an employee of Unicor.

“37. Snipes seeks to fight for her reputation and stand up against the embarrassment that has been caused by Governor Scott’s unnecessary and malicious suspension.”

Uh, no need to worry, Bren. Your reputation was already in tatters. And you should be embarrassed.

The Fourteenth Amendment Due Process Clause prohibits a state from depriving a person of “life, liberty, or property, without due process of law.” In this case, Snipes has a clear “liberty” interest in defending against the Governor’s allegations and property interest in her position as the Broward County Supervisor of Elections.

I think that claim stands alone and mocks itself, needing no outside mockery.

Of course she will be reinstated. Her supporters will shriek “RACISM!!!” and the courts will cave. The law has precisely ZERO to do with it.

Mmm, mmm, mmm. The content of her character. We need to have a look at her “thesis” and see where she be comin’ from.

The corrupt Snipes puts the “junk” into “injunction.”

This isn’t Snipes protecting herself. This has the signs of being a well organized and perhaps well funded #resist effort just to tarnish Scott on his way out and to give the Dems and issue to pound the new guy with too. Pure politics. Anyone stuck in the middle is irrelevant.

So who has responsibility for an audit of the Board of Elections in that county? Both the financial audit and the audit of voting procedures? Seems like a few folks have been sleeping on the job. Governor Scott may have suspended Ms. Snipes, but I don’t think he went far enough.

She would find justice at her trial for corruption and violations of the election code.

THIS CROOKED BROAD, SHOULD “NEVER” BE ALLOWED AT A VOTING SITE EVER AGAIN!….LET HER VOTE FROM HER JAIL CELL!

“…citing untrue claims of election fraud on the part of Snipes…”

Go ahead to trial. Let’s see how you’re going to wiggle out of this one.

If the court can find a Constitutional right to be paid to practice ones imbecility, she should win easily.

    PersonofInterests in reply to cathammer. | December 20, 2018 at 10:04 am

    While her PhD was likely attained at a dipolma mill, the anecdotal evidence is that she’s not stupid. What was carried out for all to see was willful and contrived. Somebody at her direction carried out the attempt to disenfranchise Florida Voters, not only in Broward County, but the whole State as a consequence of her acts.

    Dr. Brenda Snipes must be made an example of what happens to Election Officials who behave as she did. And following the money should lead us to those who paid for her crimes. We won’t be surprised if the trail leads to the door of a certain billionaire or one of his anarchy shell organizations.

There needs to be a real criminal investigation of this nasty sow and her associates. Surely, there must be evidence to convict them of something. There is no downside to stealing elections (or trying to­) when there’s no price to pay for it.

If she can find a court that will buy her central constitutional claim, which I cited above, then she has a reasonable case. Not a great one, but enough to deserve a fair hearing.

The only teeny tiny problem with this strategy is that that central claim is too ridiculous for words.

She was fired for not meeting deadlines required by law.

She didn’t do her job. She has no case.

Ethics charges should be filed against her lawyer for filing the frivolous lawsuit.

Antifundamentalist | December 19, 2018 at 9:47 pm

This is Florida. Do you know how long it took to get corrupt Corrine Brown convicted despite decades of corruption? I don’t really have much faith in the system, but kudos for making noises in the right direction.

PersonofInterests | December 20, 2018 at 9:58 am

While the color isn’t right, dang if her evil face could have her passing for a sister to that Nazi Quisling Billionaire. EVIL.

She should have been indicted, prosecuted, and imprisoned already for her attempt to disenfranchise Florida Voters with her fraud and conspiracy to commit fraud.

A box of ballots found in a car rental returned to Ft. Laudercdale Airport by one of her workers; a sworn affadavit by one of her workers who witnessed her workers filling out blank ballots; and a video of privately owned autos delivering boxes of ballots to an Enterprise Rental Truck that has supposedly left to go somewhere without any Chain of Custody Regime being observed??

C’mon!!! This lousy criminal should be in jail already and Governor Scott was right to fire her. Hopefully, any pension that she gets may be spent on legal bills and at the Prison Commissary where she is serving as an inmate.

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