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Filing # 156326011 E-Filed 08/29/2022 02:47:24 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-003193
DIVISION: CV-H
KEITH RICARDO IVEY,
Plaintiff-Appellant,
Vv.
MIKE HOGAN, in his official capacity
As Duval County Supervisor of Elections,
Defendant-Appellee.
/
ANSWER AND AFFIRMATIVE DEFENSES
Defendant, Mike Hogan, provides the following answer and affirmative
defenses to the corresponding numbered paragraphs of the Notice of Administrative
Appeal and Complaint for De Novo Trial Under Section 98.0755, Florida Statutes
as follows:
INTRODUCTION
1. Admitted this purports to be an appeal of the Supervisor’s determination of
Mr. Ivey’s eligibility to vote; otherwise denied.
JURISDICTION AND VENUE
2. Admitted for jurisdictional purposes only.
3. Admitted for jurisdictional purposes only.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 08/29/2022 03:24:08 PM
Admitted for jurisdictional purposes only.
PARTIES
Defendant is without knowledge, therefore denied.
Admitted that Mr. Ivey has several criminal convictions; otherwise,
Defendant is without knowledge, and therefore denied.
Defendant is without knowledge, therefore denied.
Denied.
Admitted he registered on January 8, 2019; denied he is not currently a
registered voter. Pursuant to the supersedeas in Florida Statute section
98.0755, Mr. Ivey has not been removed from the voting rolls in Duval
County.
10. Admitted Mike Hogan is the Supervisor of Elections, and the scope of his
duties is defined in Florida Statute section 98.075; otherwise denied.
FACTUAL ALLEGATIONS
I. The Legal Framework of Amendment 4 and Section 98.0751
A, Amendment 4
11. Admitted Amendment 4 passed; otherwise, without knowledge, and therefore
denied.
12. Defendant is without knowledge, therefore denied.
13. The Florida Constitution speaks for itself; there are no facts alleged in this
paragraph, therefore no answer is required.
14 The Florida Constitution and the Advisory Opinion speak for themselves;
there are no facts alleged in this paragraph, therefore no answer is required.
To the extent an answer is required, the allegations are denied.
15 Admitted.
16. Admitted Mr. Ivey registered to vote on January 8, 2019; otherwise without
knowledge, and therefore denied.
B. The Four Corners Rule of Section 98.0751
17 Defendant is without knowledge, therefore denied.
18 The Florida statute speaks for itself; therefore, no answer is required. To the
extent any facts are alleged, they are denied.
19 The Florida statute speaks for itself; therefore, no answer is required. To the
extent any facts are alleged, they are denied.
20 The Florida statute speaks for itself; therefore, no answer is required. To the
extent any facts are alleged, they are denied.
21 Denied.
22 Denied.
C. Section 98.0751 and Expiration of Civil Liens
23 Admitted section 98.0751 was challenged, and Mr. Ivey was a plaintiff;
otherwise denied.
24 Defendant is without knowledge as to the focus of the litigation; the Florida
statute speaks for itself, the remainder of the paragraph does not allege any
facts that need to be admitted or denied.
25 The court’s order speaks for itself; no facts are alleged in this paragraph that
require an answer.
26 The court’s order speaks for itself; no facts are alleged in this paragraph that
require an answer.
27 The trial transcript speaks for itself, and therefore does not require an answer;
otherwise, denied.
28 The testimony Douglas Bakke speaks for itself, therefore no answer is
required; the remainder is denied.
29 Defendant is without knowledge, therefore denied.
30 The court’s order speaks for itself; no facts are alleged in this paragraph that
require an answer.
31 The court transcript speaks for itself; no facts are alleged in this paragraph
that require an answer.
32 The court’s order speaks for itself; no facts are alleged in this paragraph that
require an answer; otherwise denied.
33 The cited statute speaks for itself, therefore no answer is required; denied that
a criminal judgment is governed by civil liens.
34 The court transcript speaks for itself; no facts are alleged in this paragraph
that require an answer.
35 The court transcript speaks for itself; otherwise denied.
36 The court transcript speaks for itself; no facts are alleged in this paragraph
that require an answer.
37 Defendant is without knowledge, therefore denied.
D. Effect of Withholding Adjudication of Guilt or Imposition of
Sentence
38 Article VI, Section 4 speaks for itself; otherwise denied.
39 The cited statute speaks for itself; there are no facts alleged in this paragraph
that require an answer.
40. Denied.
4l The cited statute speaks for itself; there are no facts alleged in this paragraph
that require an answer.
42. Denied.
II. The Voter Removal Process of Section 98.075
43. The cited statutes speak for themselves; there are no facts alleged in this
paragraph that require an answer.
44. Admitted the Department of State notifies the Supervisor of potential
ineligibility to vote; otherwise without knowledge.
45. The cited statute speaks for itself, therefore no answer is required.
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46 The cited statute speaks for itself, therefore no answer is required.
47 The cited statute speaks for itself, therefore no answer is required.
48 The cited statute speaks for itself, therefore no answer is required
49 The cited statute speaks for itself, therefore no answer is required
50 The cited statute speaks for itself, therefore no answer is required
51 Without knowledge as to the Secretary’s procedures, therefore denied; the p
procedures in Florida Statute section 98.075 speak for themselves, therefore
no answer is required.
52. The cited statute speaks for itself, therefore no answer is required.
Til. Mr. Ivey’s Removal
A, The Initial Notice of Potential Ineligibility
53 Admitted the Supervisor sent the documents identified in Exhibit J on August
31,2021; Defendant is without knowledge as to when Plaintiff received the
documents.
54, Admitted the quoted language appears in Exhibit J.
55 Admitted the quoted language appears in Exhibit J; the allegations contained
in the footnote are denied.
56. Admitted.
37 Admitted the quoted language appears in Exhibit J.
58 Admitted.
59 Admitted.
60. Admitted.
61 Denied.
62 Admitted.
63 Admitted.
64 Admitted.
65 Denied.
66 Admitted.
B. Mr. Ivey’s Attempts to Request a Hearing and His Illegal Removal
from the Rolls
67 The Supervisor’s Voter Eligibility Form speaks for itself, otherwise denied.
68 Denied.
69 Admitted as to Mr. Ivey’s writing on the form, without knowledge as to the r
remainder, therefore denied.
70. Denied.
71 Admitted.
72 Admitted.
73 Admitted.
74 Admitted.
75 Admitted.
76. Admitted.
77 Denied.
78 Without knowledge, therefore denied.
79 Without knowledge, therefore denied.
80 Without knowledge, therefore denied.
81 Admitted.
82 Admitted.
83 Admitted Mr. Ivey’s name was removed from the rolls on October 11, 2021,
the remainder is denied.
84 Without knowledge, therefore denied.
85 Without knowledge, therefore denied.
86 Admitted Defendant received a letter from Plaintiff’s attorney on February
10, 2022; the remainder is denied.
87 Admitted the Supervisor attempted to schedule a hearing on February 11, 2
2022; the remainder is denied.
88 Without knowledge, therefore denied.
89 Without knowledge, therefore denied.
C. The Supervisor’s Hearing
90. Admitted.
91 Admitted that the hearing transcript reflects that Ms. Haynes stated that Mr.
Ivey was removed from the rolls; otherwise denied.
92 Admitted that the quoted portions are contained within the hearing transcript;
otherwise denied.
93 Denied.
94, Denied.
95 As to arguments presented at the hearing, the transcript speaks for itself and
no answer is required; otherwise denied.
96 Admitted.
97 Denied.
98 Denied.
99 The hearing transcript speaks for itself, and no answer is required; otherwise
denied.
100. The court’s order speaks for itself, therefore no answer is required.
101. The court documents attached as Exhibits N, O, and P speak for themselves,
therefore no answer is required; otherwise denied.
102. Exhibit Q speaks for itself, therefore no answer is required.
103. Without knowledge, therefore denied.
104. Denied.
105. Without knowledge, therefore denied.
106. Without knowledge, therefore denied.
107. Without knowledge, therefore denied.
108. Without knowledge, therefore denied.
109. Without knowledge, therefore denied.
D. The Supervisor’s Eligibility Determination
110. Admitted.
111. Denied.
112. Denied.
113, Admitted.
114, Admitted.
115. Admitted the three amounts were not included in the notice of potential
ineligibility; otherwise denied.
116. Denied.
117. Admitted.
118. Admitted Mr. Ivey was not convicted of a felony in the 1992 case and no
amount imposed in that case ever disqualified him from voting, otherwise
denied.
119. Denied.
120. Admitted that based on the Clerk of Court’s records, Mr. Ivey appears to
owe $273.00 in court costs and fees for the 2001 criminal case; otherwise,
without knowledge, therefore denied.
121. Denied.
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122. Admitted.
123. Denied.
124. The trial transcript speaks for itself, therefore no answer is required.
125. Denied.
CLAIMS FOR RELIEF AND ISSUES ON APPEAL
COUNT-ISSUE ONE
Illegal or Erroneous Removal from the
Statewide Voter Registration System
Fla. Stat. § 98.075(7)
126 Defendant incorporates the responses to all prior paragraphs as if realleged
herein.
127 The cited statute speaks for itself, therefore no answer is required.
128 The cited statute speaks for itself, therefore no answer is required.
129 Denied.
130 Denied.
COUNT-ISSUE TWO
Incorrect Determination of Ineligibility to Vote
Fla. Stat. §§ 98.075, 98.0751
131 Defendant incorporates the responses to all prior paragraphs as if realleged
herein.
132 Denied.
133 Denied.
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134 Denied.
COUNT-ISSUE THREE
Failure to Notify Voter of Determination of Ineligibility
Fla. Stat. § 98.075(7)
135 Defendant incorporates the responses to all prior paragraphs as if realleged
herein.
136 The cited statute speaks for itself, therefore no answer is required.
137 The cited statute speaks for itself, therefore no answer is required.
138 Denied.
COUNT-ISSUE FOUR
Illegal Consideration of Other Bases for Ineligibility
Fla. Stat. § 98.075(6)-(7)
139 Defendant incorporate the responses to all prior paragraph as if realleged
herein.
140 The cited statute speaks for itself, therefore no answer is required.
141 The cited statute speaks for itself, therefore no answer is required.
142 The cited statute speaks for itself, therefore no answer is required.
143 The cited statute speaks for itself, therefore no answer is required.
144 Admitted.
145 Denied.
146 Denied.
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147. Denied.
148. Denied.
AFFIRMATIVE DEFENSES
149. Harmless Error — to the extent the Supervisor removed Mr. Ivey from the
voter rolls before the determination at the hearing, such removal was
harmless since Mr. Ivey placed back on the rolls and no elections took
place while he was taken off the rolls.
150. Harmless Error — to the extent the Supervisor did not use certified mail,
return receipt requested, or other means that provides a verification of
receipt to serve a copy of the May 5, 2022, determination, such error was
harmless since Defendant did in fact receive the Supervisor’s determination
and suffered no harm. Furthermore, the statute provides no remedy for a
failure to comply with this provision.
151. Harmless Error — to the extent the Supervisor could not rely on Defendant’s
1992, 1996, and 2001 criminal cases in his determination, such reliance was
harmless error since the outstanding restitution in Defendant’s 2002
judgement prohibited Defendant from being eligible to vote. Therefore,
Defendant suffered no harm.
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DATED: AUGUST 29, 2022
OFFICE OF GENERAL COUNSEL
CITY OF JACKSONVILLE
/s/ Laura Boeckman
LAURA BOECKMAN
ASSISTANT GENERAL COUNSEL
Florida Bar No.: 527750
TIFFINY DOUGLAS PINKSTAFF
ASSISTANT GENERAL COUNSEL
Florida Bar No.: 682101
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
Telephone: 904.255.5072
Primary E-mail: Iboeckman@coj-net
Secondary E-mail: cstephenson@coj.net
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 29, 2022 this document was filed using
the Florida Courts E-Filing Portal. This document is being served on all counsel of
record by the Florida Courts E-Filing Portal, pursuant to and in compliance with
Fla. R. Jud. Admin. 2.516.
4s/ Laura Boeckman
ATTORNEY
14
Preview
Filing # 156326011 E-Filed 08/29/2022 02:47:24 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-003193 DIVISION: CV-H KEITH RICARDO IVEY, Plaintiff-Appellant, Vv. MIKE HOGAN, in his official capacity As Duval County Supervisor of Elections, Defendant-Appellee. / ANSWER AND AFFIRMATIVE DEFENSES Defendant, Mike Hogan, provides the following answer and affirmative defenses to the corresponding numbered paragraphs of the Notice of Administrative Appeal and Complaint for De Novo Trial Under Section 98.0755, Florida Statutes as follows: INTRODUCTION 1. Admitted this purports to be an appeal of the Supervisor’s determination of Mr. Ivey’s eligibility to vote; otherwise denied. JURISDICTION AND VENUE 2. Admitted for jurisdictional purposes only. 3. Admitted for jurisdictional purposes only. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 08/29/2022 03:24:08 PM Admitted for jurisdictional purposes only. PARTIES Defendant is without knowledge, therefore denied. Admitted that Mr. Ivey has several criminal convictions; otherwise, Defendant is without knowledge, and therefore denied. Defendant is without knowledge, therefore denied. Denied. Admitted he registered on January 8, 2019; denied he is not currently a registered voter. Pursuant to the supersedeas in Florida Statute section 98.0755, Mr. Ivey has not been removed from the voting rolls in Duval County. 10. Admitted Mike Hogan is the Supervisor of Elections, and the scope of his duties is defined in Florida Statute section 98.075; otherwise denied. FACTUAL ALLEGATIONS I. The Legal Framework of Amendment 4 and Section 98.0751 A, Amendment 4 11. Admitted Amendment 4 passed; otherwise, without knowledge, and therefore denied. 12. Defendant is without knowledge, therefore denied. 13. The Florida Constitution speaks for itself; there are no facts alleged in this paragraph, therefore no answer is required. 14 The Florida Constitution and the Advisory Opinion speak for themselves; there are no facts alleged in this paragraph, therefore no answer is required. To the extent an answer is required, the allegations are denied. 15 Admitted. 16. Admitted Mr. Ivey registered to vote on January 8, 2019; otherwise without knowledge, and therefore denied. B. The Four Corners Rule of Section 98.0751 17 Defendant is without knowledge, therefore denied. 18 The Florida statute speaks for itself; therefore, no answer is required. To the extent any facts are alleged, they are denied. 19 The Florida statute speaks for itself; therefore, no answer is required. To the extent any facts are alleged, they are denied. 20 The Florida statute speaks for itself; therefore, no answer is required. To the extent any facts are alleged, they are denied. 21 Denied. 22 Denied. C. Section 98.0751 and Expiration of Civil Liens 23 Admitted section 98.0751 was challenged, and Mr. Ivey was a plaintiff; otherwise denied. 24 Defendant is without knowledge as to the focus of the litigation; the Florida statute speaks for itself, the remainder of the paragraph does not allege any facts that need to be admitted or denied. 25 The court’s order speaks for itself; no facts are alleged in this paragraph that require an answer. 26 The court’s order speaks for itself; no facts are alleged in this paragraph that require an answer. 27 The trial transcript speaks for itself, and therefore does not require an answer; otherwise, denied. 28 The testimony Douglas Bakke speaks for itself, therefore no answer is required; the remainder is denied. 29 Defendant is without knowledge, therefore denied. 30 The court’s order speaks for itself; no facts are alleged in this paragraph that require an answer. 31 The court transcript speaks for itself; no facts are alleged in this paragraph that require an answer. 32 The court’s order speaks for itself; no facts are alleged in this paragraph that require an answer; otherwise denied. 33 The cited statute speaks for itself, therefore no answer is required; denied that a criminal judgment is governed by civil liens. 34 The court transcript speaks for itself; no facts are alleged in this paragraph that require an answer. 35 The court transcript speaks for itself; otherwise denied. 36 The court transcript speaks for itself; no facts are alleged in this paragraph that require an answer. 37 Defendant is without knowledge, therefore denied. D. Effect of Withholding Adjudication of Guilt or Imposition of Sentence 38 Article VI, Section 4 speaks for itself; otherwise denied. 39 The cited statute speaks for itself; there are no facts alleged in this paragraph that require an answer. 40. Denied. 4l The cited statute speaks for itself; there are no facts alleged in this paragraph that require an answer. 42. Denied. II. The Voter Removal Process of Section 98.075 43. The cited statutes speak for themselves; there are no facts alleged in this paragraph that require an answer. 44. Admitted the Department of State notifies the Supervisor of potential ineligibility to vote; otherwise without knowledge. 45. The cited statute speaks for itself, therefore no answer is required. 5 46 The cited statute speaks for itself, therefore no answer is required. 47 The cited statute speaks for itself, therefore no answer is required. 48 The cited statute speaks for itself, therefore no answer is required 49 The cited statute speaks for itself, therefore no answer is required 50 The cited statute speaks for itself, therefore no answer is required 51 Without knowledge as to the Secretary’s procedures, therefore denied; the p procedures in Florida Statute section 98.075 speak for themselves, therefore no answer is required. 52. The cited statute speaks for itself, therefore no answer is required. Til. Mr. Ivey’s Removal A, The Initial Notice of Potential Ineligibility 53 Admitted the Supervisor sent the documents identified in Exhibit J on August 31,2021; Defendant is without knowledge as to when Plaintiff received the documents. 54, Admitted the quoted language appears in Exhibit J. 55 Admitted the quoted language appears in Exhibit J; the allegations contained in the footnote are denied. 56. Admitted. 37 Admitted the quoted language appears in Exhibit J. 58 Admitted. 59 Admitted. 60. Admitted. 61 Denied. 62 Admitted. 63 Admitted. 64 Admitted. 65 Denied. 66 Admitted. B. Mr. Ivey’s Attempts to Request a Hearing and His Illegal Removal from the Rolls 67 The Supervisor’s Voter Eligibility Form speaks for itself, otherwise denied. 68 Denied. 69 Admitted as to Mr. Ivey’s writing on the form, without knowledge as to the r remainder, therefore denied. 70. Denied. 71 Admitted. 72 Admitted. 73 Admitted. 74 Admitted. 75 Admitted. 76. Admitted. 77 Denied. 78 Without knowledge, therefore denied. 79 Without knowledge, therefore denied. 80 Without knowledge, therefore denied. 81 Admitted. 82 Admitted. 83 Admitted Mr. Ivey’s name was removed from the rolls on October 11, 2021, the remainder is denied. 84 Without knowledge, therefore denied. 85 Without knowledge, therefore denied. 86 Admitted Defendant received a letter from Plaintiff’s attorney on February 10, 2022; the remainder is denied. 87 Admitted the Supervisor attempted to schedule a hearing on February 11, 2 2022; the remainder is denied. 88 Without knowledge, therefore denied. 89 Without knowledge, therefore denied. C. The Supervisor’s Hearing 90. Admitted. 91 Admitted that the hearing transcript reflects that Ms. Haynes stated that Mr. Ivey was removed from the rolls; otherwise denied. 92 Admitted that the quoted portions are contained within the hearing transcript; otherwise denied. 93 Denied. 94, Denied. 95 As to arguments presented at the hearing, the transcript speaks for itself and no answer is required; otherwise denied. 96 Admitted. 97 Denied. 98 Denied. 99 The hearing transcript speaks for itself, and no answer is required; otherwise denied. 100. The court’s order speaks for itself, therefore no answer is required. 101. The court documents attached as Exhibits N, O, and P speak for themselves, therefore no answer is required; otherwise denied. 102. Exhibit Q speaks for itself, therefore no answer is required. 103. Without knowledge, therefore denied. 104. Denied. 105. Without knowledge, therefore denied. 106. Without knowledge, therefore denied. 107. Without knowledge, therefore denied. 108. Without knowledge, therefore denied. 109. Without knowledge, therefore denied. D. The Supervisor’s Eligibility Determination 110. Admitted. 111. Denied. 112. Denied. 113, Admitted. 114, Admitted. 115. Admitted the three amounts were not included in the notice of potential ineligibility; otherwise denied. 116. Denied. 117. Admitted. 118. Admitted Mr. Ivey was not convicted of a felony in the 1992 case and no amount imposed in that case ever disqualified him from voting, otherwise denied. 119. Denied. 120. Admitted that based on the Clerk of Court’s records, Mr. Ivey appears to owe $273.00 in court costs and fees for the 2001 criminal case; otherwise, without knowledge, therefore denied. 121. Denied. 10 122. Admitted. 123. Denied. 124. The trial transcript speaks for itself, therefore no answer is required. 125. Denied. CLAIMS FOR RELIEF AND ISSUES ON APPEAL COUNT-ISSUE ONE Illegal or Erroneous Removal from the Statewide Voter Registration System Fla. Stat. § 98.075(7) 126 Defendant incorporates the responses to all prior paragraphs as if realleged herein. 127 The cited statute speaks for itself, therefore no answer is required. 128 The cited statute speaks for itself, therefore no answer is required. 129 Denied. 130 Denied. COUNT-ISSUE TWO Incorrect Determination of Ineligibility to Vote Fla. Stat. §§ 98.075, 98.0751 131 Defendant incorporates the responses to all prior paragraphs as if realleged herein. 132 Denied. 133 Denied. 11 134 Denied. COUNT-ISSUE THREE Failure to Notify Voter of Determination of Ineligibility Fla. Stat. § 98.075(7) 135 Defendant incorporates the responses to all prior paragraphs as if realleged herein. 136 The cited statute speaks for itself, therefore no answer is required. 137 The cited statute speaks for itself, therefore no answer is required. 138 Denied. COUNT-ISSUE FOUR Illegal Consideration of Other Bases for Ineligibility Fla. Stat. § 98.075(6)-(7) 139 Defendant incorporate the responses to all prior paragraph as if realleged herein. 140 The cited statute speaks for itself, therefore no answer is required. 141 The cited statute speaks for itself, therefore no answer is required. 142 The cited statute speaks for itself, therefore no answer is required. 143 The cited statute speaks for itself, therefore no answer is required. 144 Admitted. 145 Denied. 146 Denied. 12 147. Denied. 148. Denied. AFFIRMATIVE DEFENSES 149. Harmless Error — to the extent the Supervisor removed Mr. Ivey from the voter rolls before the determination at the hearing, such removal was harmless since Mr. Ivey placed back on the rolls and no elections took place while he was taken off the rolls. 150. Harmless Error — to the extent the Supervisor did not use certified mail, return receipt requested, or other means that provides a verification of receipt to serve a copy of the May 5, 2022, determination, such error was harmless since Defendant did in fact receive the Supervisor’s determination and suffered no harm. Furthermore, the statute provides no remedy for a failure to comply with this provision. 151. Harmless Error — to the extent the Supervisor could not rely on Defendant’s 1992, 1996, and 2001 criminal cases in his determination, such reliance was harmless error since the outstanding restitution in Defendant’s 2002 judgement prohibited Defendant from being eligible to vote. Therefore, Defendant suffered no harm. 13 DATED: AUGUST 29, 2022 OFFICE OF GENERAL COUNSEL CITY OF JACKSONVILLE /s/ Laura Boeckman LAURA BOECKMAN ASSISTANT GENERAL COUNSEL Florida Bar No.: 527750 TIFFINY DOUGLAS PINKSTAFF ASSISTANT GENERAL COUNSEL Florida Bar No.: 682101 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 Telephone: 904.255.5072 Primary E-mail: Iboeckman@coj-net Secondary E-mail: cstephenson@coj.net ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 29, 2022 this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. 4s/ Laura Boeckman ATTORNEY 14