No. 25-147

Michael J. Polelle v. Cord Byrd, Florida Secretary of State, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-08-07
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: closed-primary election-law equal-protection first-amendment political-association voting-rights
Key Terms:
SocialSecurity FirstAmendment DueProcess Securities JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Does the Florida closed-primary system violate a voter's First Amendment and Equal Protection rights to political free speech and association?

Question Presented (OCR Extract)

In 1907 Florida instituted its closed -primary system now embodied in Fla. Stat. § 101.021. This was five years after the White Primary was fully established in Florida. Charles D. Farris, The Re -Enfranchisement of Negroes in Florida , 19 THE JOURNAL OF NEGRO HISTORY 2 62 -63 (1954). The birth of the Florida closed primary system was also ei ghteen years before this Court applied the protections of the First Amendment to the states in Gitlow v. New York , 268 U.S. 652 (1925) The Questions Presented are : 1. Does the Petitioner have standing to sue the Florida Secretary of State in his official capacity as chief election officer of the state for any violation of Petitioner’s rights under the First Amendment and Equal Protection Clause to vote in primary elections to determine candidates for political offices in general elections? 2. Does the Florida closed -primary system violate Petitioner’s rights under the First Amendment and Equal Protection Clause to political free speech and association?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-08
Amicus brief of Independent Voter Project, Open Primaries, The Forward Party and The Florida Forward Party submitted.
2025-09-08
Brief amici curiae of Independent Voter Project, et al. filed.
2025-08-18
Waiver of right of respondent Ron Turner to respond filed.
2025-07-30
Petition for a writ of certiorari filed. (Response due September 8, 2025)

Attorneys

Independent Voter Project, Open Primaries, The Forward Party and The Florida Forward Party
Stephen Chad PeacePeace and Shea, LLP, Amicus
Stephen Chad PeacePeace and Shea, LLP, Amicus
Michael J. Polelle
Michael J. Polelle — Petitioner
Michael J. Polelle — Petitioner
Ron Turner
David A. WallaceBentley Goodrich Kison, P.A., Respondent
David A. WallaceBentley Goodrich Kison, P.A., Respondent