IN THE SUPREME COURT OF FLORIDA. Case No. SC12-1 THE FLORIDA SENATE S REPSONSE TO MOTION FOR LEAVE TO FILE AMENDED EXPERT AFFIDAVIT

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1 IN THE SUPREME COURT OF FLORIDA Case No. SC12-1 IN RE: JOINT RESOLUTION OF LEGISLATIVE APPORTIONMENT / THE FLORIDA SENATE S REPSONSE TO MOTION FOR LEAVE TO FILE AMENDED EXPERT AFFIDAVIT The Florida Senate submits this response in opposition to the Motion for Leave to File Amended Expert Affidavit filed by the Florida Democratic (the FDP ). The FDP provides no reason for this very delayed report. Its motion proves the wisdom of this Court s precedents, which hold that the the Florida Constitution authorizes this Court to perform only a limited facial review. In re Constitutionality of House Joint Resolution 1987, 817 So. 2d 819, 825 n.1 (Fla. 2002). The FDP concedes that its expert affidavit was replete with errors errors that would be detected by the adversarial testing of evidence to which trial courts are peculiarly suited. See id. at 836 (Lewis, J., concurring). The Senate contests all facts submitted by the objectors, until it has an opportunity to vet them in an evidentiary, fact-finding proceeding that is the tradition and hallmark of the judicial process.

2 WHEREFORE, the Florida Senate respectfully requests that the Court deny the FDP s Motion for Leave to File Amended Expert Affidavit. Respectfully submitted, MICHAEL A. CARVIN * JONES DAY 51 Louisiana Avenue N.W. Washington, D.C Telephone: (202) macarvin@jonesday.com * Pro Hac Vice ANDY BARDOS (FBN ) Special Counsel to the President THE FLORIDA SENATE 404 South Monroe Street, Suite 409 Tallahassee, Florida Telephone: (850) bardos.andy@flsenate.gov PETER M. DUNBAR (FBN ) CYNTHIA S. TUNNICLIFF (FBN ) PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A. 215 South Monroe Street, Second Floor (32301) Post Office Box Tallahassee, Florida Telephone: (850) Attorneys for the Florida Senate 2

3 CERTFICIATE OF SERVICE I certify that a true and correct copy of this motion was furnished by United States Mail to the following parties on February 28, Service was made to all parties appearing on the most recently revised service list at the time of service. Timothy D. Osterhaus Deputy Solicitor General Office of the Attorney General The Capitol, Pl-01 Tallahassee, Florida Attorneys for the Attorney General Charles T. Wells George N. Meros, Jr. Jason L. Unger Allen Winsor Charles B. Upton II GrayRobinson, P.A Post Office Box Tallahassee, Florida Attorneys for the Florida House of Representatives Miguel De Grandy George T. Levesque 800 South Douglas Road, Suite 850 General Counsel Coral Gables, Florida Florida House of Representatives Attorneys for the Florida House of 422 The Capitol Representatives Tallahassee, Florida Attorneys for the Florida House of Representatives Joseph W. Hatchett John Devaney Akerman Senterfitt Mark Elias 106 East College Avenue, Suite 1200 Perkins Coie LLP Tallahassee, Florida th Street, N.W., Suite 600 Attorneys for the Florida Democratic Washington, D.C Attorneys for the Florida Democratic 3

4 Kevin J. Hamilton Jon S. Mills Abha Khanna Bois, Schiller & Flexner LLP Perkins Coie LLP 100 Southeast Second Street, Suite Third Avenue, Suite 4800 Miami, Florida Seattle, Washington Attorneys for the Florida Democratic Attorneys for the Florida Democratic Karen C. Dyer Ronald G. Meyer Elan M. Nehleber Meyer, Brooks, Demma & Blohm, P.A. Bois, Schiller & Flexner LLP Post Office Box South Orange Avenue, Suite 840 Tallahassee, Florida Orlando, Florida Attorneys for League of Women Voters Attorneys for the Florida Democratic of Florida, Inc.; National Council of La Raza; and Common Cause Florida Paul M. Smith J. Gerald Hebert Michael B. DeSanctis J. Gerald Hebert, P.C. Kristen M. Rogers 191 Somervelle Street, Unit 415 Jessica Ring Amunson Alexandria, Virginia Jenner & Block, LLP Attorneys for League of Women Voters 1099 New York Avenue, N.W. of Florida, Inc.; National Council of La Suite 900 Raza; and Common Cause Florida Washington, D.C Attorneys for League of Women Voters of Florida, Inc.; National Council of La Raza; and Common Cause Florida David A. Theriaque Timothy J. McCausland Steven B. Spain City of Lakeland Christopher Busch 228 South Massachusetts Avenue Theriaque & Spain Lakeland, Florida North Magnolia Drive Attorneys for the City of Lakeland Tallahassee, Florida Attorneys for the City of Lakeland 4

5 Ronald A. Labasky Brewton Plante, P.A. 225 South Adams Street, Suite 250 Tallahassee, Florida Attorneys for the Florida State Association of Supervisors of Elections ANDY BARDOS (FBN ) 5

6 CERTIFICATE OF COMPLIANCE WITH FONT REQUIREMENT I certify that the font used herein is 14-point Times New Roman and is in compliance with the Florida Rules of Appellate Procedure. ANDY BARDOS (FBN ) 6