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Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. Judges McKeown and Murguia did not participate in the deliberations or vote in this case.
Based on voluminous evidence, mostly uncontradicted, the district court made findings of fact supporting judgment for Plaintiffs on all four challenges to S.B. 14: (1) discriminatory purpose, (2) discriminatory results, (3) poll tax, and (4) undue burden on the right to vote. The district court made its findings with care, applied the correct legal standards, faithfully followed procedural rules, issued an appropriate remedy, and should be affirmed.
Petitioner, a judicial candidate for a Florida County Court, filed suit challenging the Florida Code of Judicial Conduct rule prohibiting candidates for judicial office from personally soliciting campaign funds. The Florida Supreme Court found petitioner guilty of violating the solicitation...