IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

CIRCUIT CIVIL

CHRISTOPHER GLEASON,

Plaintiff,

vs. CASE NO.: 23-006698-CI

PINELLAS COUNTY
SUPERVISOR OF ELECTIONS
OFFICE,
JULIE MARCUS, in her official
capacity as Supervisor of Elections of
Pinellas County, Florida, and DUSTIN
CHASE, in his official capacity as
Deputy Supervisor of Elections of
Pinellas County Florida.

Defendants.
/

MOTION FOR JUDICIAL NOTICE

NOW COMES, Christopher Gleason, moves this Honorable Court to take judicial
notice in the above-referenced case. Pursuant to Florida Rule of Evidence 201,
Plaintiff moves that the court take judicial notice of the following:
1. Florida Statute 90.201 – Matters which MUST be judicially noticed. - A court
SHALL take judicial notice of:
(1) Decisional, constitutional, and public statutory law and
resolutions of the Florida Legislature and the Congress of the United
States.
(2) Florida rules of court that have statewide application, its own
rules, and the rules of United States courts adopted by the United
States Supreme Court.
 (3) Rules of court of the United States Supreme Court and of the
United States Courts of Appeal.

2. The Florida Constitution, which guarantees the right of access to public records
in Article I, Section 24.

3. Chapter 119 of the Florida Statutes, which governs the public’s right to access
public records and requires that such records be made available to the public upon
request, subject only to certain limited exemptions.

4. The right to vote is sacred and it is the cornerstone of our Constitutional Republic.
This right to vote is protected in Florida Statute 101.031 – Voter’s Bill of Rights:
Each registered voter in this state has the right to:
#1. Vote and have his or her vote accurately counted.
#9. Vote on a voting system that is in working condition and that will allow
votes to be accurately cast.
5. The landmark United Supreme Court case of Marbury v. Madison, 5 U.S. (1
Cranch) 137 (1803), established the principle of judicial review and the power of
the courts to declare a law unconstitutional. Specifically, I request that the court
take judicial notice of the following statements from Marbury:
- "The powers of the legislature are defined and limited; and that those limits may
not be mistaken or forgotten, the constitution is written. ... Certainly all those who
have framed written constitutions contemplate them as forming the fundamental
and paramount law of the nation, and consequently the theory of every such
government must be, that an act of the legislature, repugnant to the constitution, is
void." (Marbury, 5 U.S. at 176–77)
- "This doctrine ... would declare, that if the legislature shall do what is expressly
forbidden, such act, notwithstanding the express prohibition, is in reality effectual.
It would be giving to the legislature a practical and real omnipotence, with the
same breath which professes to restrict their powers within narrow limits."
(Marbury, 5 U.S. at 178)
- "Thus, the particular phraseology of the Constitution of the United States
confirms and strengthens the principle, supposed to be essential to all written
Constitutions, that a law repugnant to the Constitution is void, and that courts, as
well as other departments, are bound by that instrument. The rule must be
discharged." (Marbury, 5 U.S. at 18)
6. The fact that Chapter 98 of the Florida Statutes provides for certain exemptions
to the public’s right of access to public records, but that the Florida Supreme Court
has held that such exemptions are nullity under the Florida Constitution. See
Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633 (Fla.
1980).
7. Florida courts have decided while certain records may be exempt from
disclosure under Chapter 119, these exemptions must be narrowly construed and
must not be used to shield information that should be available to the public. State
v. City of Clearwater, 863 So. 2d 149, 155 (Fla. 2003): "when the public's interest
in disclosure outweighs the governmental interest in maintaining the
confidentiality of the records, the records must be disclosed".
8. Florida courts have also held that exemptions for trade secrets or proprietary
business information must be supported by evidence that the information being
withheld meets the statutory definition of a trade secret and is entitled to protection
under the exemption. See National Collegiate Athletic Ass'n v. Associated Press,
18 So. 3d 1201 (Fla. 1st DCA 2009).
9. Florida courts have further held that the exemption for trade secrets does not
apply to records that were created or received by a public agency in the course of
its official duties. See Palm Beach Post v. Schermerhorn, 937 So. 2d 646 (Fla. 4th
DCA 2006).
10. Florida courts have recognized that when a requester can demonstrate a
legitimate public interest in the exempted records that outweigh the reasons for
keeping them confidential, access may be granted. See Wait v. Florida Power &
Light Co., 372 So. 2d 420 (Fla. 1979).
11. The courts have also held that public records were not exempt from Ch. 119
although the information may have come from sources who expected or were
promised confidentiality in Gadd v. News-Press Publishing Company, Inc., 412
So.2d 894 (2 D.C.A. Fla., 1982)
12. The court held in DOW Jones & Co. v. Florida Dep't of Highway Safety &
Motor Vehicles, 979 So. 2d 1160 (Fla. 1st DCA 2008) that the Department of
Highway Safety and Motor Vehicles improperly applied an exemption for trade
secrets to deny a request for access to records containing data on traffic accidents.
The court held that the records did not contain trade secrets, and that the
Department had not provided any evidence to support its claim that the records
were confidential.
13. The court held that in Brechner v. Fla. State Univ., 992 So. 2d 955 (Fla. 1st
DCA 2008) the exemption for trade secrets does not apply to records that were
created or received by a public agency in the course of its official duties.
14. The courts have held that the public had a right to access the contract because it
involved a public agency and the expenditure of public funds. Palm Beach
Newspapers, Inc. v. Palm Beach County Health Care Dist., 745 So. 2d 752 (Fla.
4th DCA 1999).
15. The courts have held public records that are relevant to the issues in pending
litigation and are not exempt from disclosure in Times Publishing Co. v. State, 558
So. 2d 487, 491 (Fla. 1990).
16. The court held in Sarasota Herald-Tribune v. Sarasota County Sheriff's Office,
912 So. 2d 769, 772 (Fla. 2d DCA 2005): "the applicability of an exemption to a
public record must be determined in light of the purpose of the request and the
circumstances of the request".
17. Florida Statute 98.098(1)(a) Within 30 days after certification by the Elections
Canvassing Commission of a presidential preference primary, special election,
primary election, or general election, supervisors of elections shall transmit to the
department, in a uniform electronic format specified in paragraph (d), completely
updated voting history information for each qualified voter who voted.
18. Florida Statute 98.098(2)(a) Within 30 days after certification by the
Elections Canvassing Commission of a presidential preference primary election,
special election, primary election, or general election, the supervisors of elections
shall collect and submit to the department precinct-level election results for the
election in a uniform electronic format specified by paragraph (c). The precinct-
level election results shall be compiled separately for the primary or special
primary election that preceded the general or special general election, respectively.
The results SHALL specifically include for each precinct the total of all
ballots cast for each candidate or nominee to fill a national, state, county, or
district office or proposed constitutional amendment, with subtotals for each
candidate and ballot type. However, ballot type or precinct subtotals in a race or
question having fewer than 30 voters voting on the ballot type or in the precinct
may not be reported in precinct results. “All ballots cast” means ballots cast by
voters who cast a ballot whether at a precinct location, by vote-by-mail ballot
including overseas vote-by-mail ballots, during the early voting period, or by
provisional ballot.
19. Florida Statute 98.0981(5) REPORTS PUBLICLY AVAILABLE.—The
department shall also make publicly available the reports and results required in
subsections (1)-(3).
20. Florida Statute 104.041 Fraud in connection with casting vote.—Any person
perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in
connection with any vote cast, to be cast, or attempted to be cast, is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
21. Florida Statute 104.061(1) Whoever by bribery, menace, threat, or other
corruption whatsoever, either directly or indirectly, attempts to influence, deceive,
or deter any elector in voting or interferes with him or her in the free exercise of
the elector’s right to vote at any election commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the first
conviction, and a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, for any subsequent conviction.
22. Florida Statute 104.0615 (4) A person may not knowingly destroy, mutilate,
or deface a voter registration form or election ballot or obstruct or delay the
delivery of a voter registration form or election ballot.
23. Florida Statute 104.0615 (5) A person who violates subsection (2), subsection
(3), or subsection (4) commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.

24. Florida Statute 104.091 Aiding, abetting, advising, or conspiring in violation

of the code.—
(1) Any person who knowingly aids, abets, or advises the violation of this code
shall be punished in like manner as the principal offender.
(2) Any person who agrees, conspires, combines, or confederates with another
person to commit a violation of this code shall be punished as if he or she had
committed the violation.
 (3) Any person who knows of a felony violation of this code and gives any aid
to the offender who has violated this code, with intent that the offender avoid or
escape detection, arrest, trial, or punishment, shall be punished as if he or she had
committed the violation. This subsection does not prohibit a member of The
Florida Bar from giving legal advice to a client.

25. Florida Statute 104.21 Changing electors’ ballots.—Whoever fraudulently

changes or attempts to change the vote or ballot of any elector, by which actions
such elector is prevented from voting such ballot or from voting such ballot as the
elector intended, is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

26. Florida Statute 104.22 Stealing and destroying records, etc., of election.—
Any person who is guilty of stealing, willfully and wrongfully breaking,
destroying, mutilating, defacing, or unlawfully moving or securing and detaining
the whole or any part of any ballot box or any record tally sheet or copy thereof,
returns, or any other paper or document provided for, or who fraudulently makes
any entry or alteration therein except as provided by law, or who permits any other
person so to do, is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

27. Florida Statute 104.30 (2) Any person who tampers or attempts to tamper
with or destroy any voting system or equipment with the intention of interfering
with the election process or the results thereof is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

28. Florida Statute 104.051 Violations; neglect of duty; corrupt practices.—

(1) Any official who willfully violates any of the provisions of this election code
shall be excluded from the polls. Any election official who is excluded shall be
replaced as provided in this code.
(2) Any official who willfully refuses or willfully neglects to perform his or her
duties as prescribed by this election code is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any official who performs his or her duty as prescribed by this election code
fraudulently or corruptly is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any supervisor, deputy supervisor, or election employee who attempts to
influence or interfere with any elector voting a ballot commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any supervisor who willfully violates any provision of the Florida Election
Code is, upon a finding of such violation by a court of competent jurisdiction,
prohibited from receiving the special qualification salary pursuant to s. 145.09(3)
for a period of 24 months, dating from the time of the violation.

29. Florida Statute 831.01 Forgery.—Whoever falsely makes, alters, forges or

counterfeits a public record, or a certificate, return or attestation of any clerk or
register of a court, public register, notary public, town clerk or any public officer,
in relation to a matter wherein such certificate, return or attestation may be
received as a legal proof; or a charter, deed, will, testament, bond, or writing
obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or
promissory note, or an order, acquittance, or discharge for money or other
property, or an acceptance of a bill of exchange or promissory note for the payment
of money, or any receipt for money, goods or other property, or any passage ticket,
pass or other evidence of transportation issued by a common carrier, with intent to
injure or defraud any person, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

30. Florida Statute 831.02 Uttering forged instruments.—Whoever utters and

publishes as true a false, forged or altered record, deed, instrument or other writing
mentioned in s. 831.01 knowing the same to be false, altered, forged or
counterfeited, with intent to injure or defraud any person, shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

31. Florida Statute 831.04(1) Any person making any erasure, alteration,
interlineation or interpolation in any writing or instrument mentioned in s. 92.28,
and made admissible in evidence, with the fraudulent intent to change the same in
any substantial manner after the same has once been made, shall be guilty of the
crime of forgery, which, for the purposes of this section, constitutes a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

32. Florida Statute 831.12 Fraudulently connecting parts of genuine

instrument.—Whoever fraudulently connects together parts of several banknotes,
checks, drafts, or other genuine instruments in such a manner as to produce one
additional note, check, draft, or instrument, with intent to pass all of them as
genuine, commits forgery as if each of them had been falsely made or forged.
33. Florida Statute 876.10 False oath; penalty.—If any person required by the
provisions of ss. 876.05-876.10 to execute the oath herein required executes such
oath, and it is subsequently proven that at the time of the execution of said oath
said individual was guilty of making a false statement in said oath, he or she shall
be guilty of perjury.

34. Florida Statute 876.22(2) “Subversive organization” means any organization

which engages in or advocates, abets, advises, or teaches, or a purpose of which is
to engage in or advocate, abet, advise, or teach activities intended to overthrow,
destroy, or to assist in the overthrow or destruction of the constitutional form of the
Government of the United States, the constitution or government of the state, or of
any political subdivision of either of them, by revolution, force, violence, or other
unlawful means.
35. Florida Statute 876.22 (5) “Subversive person” means any person who
commits, attempts to commit, or aids in the commission, or advocates, abets,
advises, or teaches by any means any person to commit, attempt to commit, or aid
in the commission of any act intended to overthrow, destroy, or to assist in the
overthrow or destruction of the constitutional form of the Government of the
United States, or of this state, or any political subdivision of either of them, by
revolution, force, violence, or other unlawful means; or who is a member of a
subversive organization or a foreign subversive organization.
36. Florida Statute 876.23 Subversive activities unlawful; penalty.—
(1) It shall be a felony for any person knowingly and willfully to:
(a) Commit, attempt to commit, or aid in the commission of any act intended to
overthrow, destroy, to assist the overthrow or destruction of the constitutional form
of the Government of the United States, or of the state, or any political subdivision
of either of them, by revolution, force, violence, or other unlawful means; or
(b) Advocate, abet, advise, or teach by any means any person to commit,
attempt to commit, or assist in the commission of any such act under such
circumstances as to constitute a clear and present danger to the security of the
United States, or of this state, or of any political subdivision of either of them; or
(c) Conspire with one or more persons to commit any such act; or
 (d) Assist in the formation or participate in the management or to contribute to
the support of any subversive organization or foreign subversive organization
knowing said organization to be a subversive organization or a foreign subversive
organization; or
(e) Destroy any books, records, or files, or secrete any funds in this state of a
subversive organization or a foreign subversive organization, knowing said
organization to be such.
(2) Any person who violates any of the provisions of this section shall be
guilty of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

37. Florida Statute 876.24 Membership in subversive organization; penalty.—It

shall be unlawful for any person to become or to remain a member of a subversive
organization or a foreign subversive organization knowing said organization to be
a subversive organization or foreign subversive organization. Any person
convicted of violating this section shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

38. Florida Statute 876.26 Unlawful for subversive organizations to exist or

function.—It shall be unlawful for any subversive organization or foreign
subversive organization to exist or function in the state and any organization which
by a court of competent jurisdiction is found to have violated the provisions of this
section shall be dissolved, and if it be a corporation organized and existing under
the laws of the state, a finding by a court of competent jurisdiction that it has
violated the provisions of this section shall constitute legal cause for forfeiture of
its charter and its charter shall be forfeited, and all funds, books, records, and files
of every kind and all other property of any organization found to have violated the
provisions of this section shall be seized by and for the state, the funds to be
deposited in the State Treasury, and the books, records, files, and other property to
be turned over to the Attorney General of Florida.

39. Florida Statute 876.28 Grand jury to investigate violations of ss. 876.22-
876.31.—The judge of any court exercising general criminal jurisdiction when in
his or her discretion it appears appropriate, or when informed by the Department of
Legal Affairs that there is information or evidence of the character described in s.
876.27 to be considered by the grand jury, shall charge the grand jury to inquire
into violations of ss. 876.22-876.31 for the purpose of proper action, and further to
inquire generally into the purposes, processes, activities, and any other matters
affecting communism or any related or other subversive organizations,
associations, groups, or persons.

40. Florida Statute 876.40 Attempts.—Whoever attempts to commit any of the

crimes defined by this law shall be liable to one-half the punishment by
imprisonment, or by fine, or both, as prescribed in s. 876.39 hereof. In addition to
the acts which constitute an attempt to commit a crime under the law of this state,
the solicitation or incitement of another to commit any of the crimes defined by
this law not followed by the commission of the crime, the collection or assemblage
of any materials with the intent that the same are to be used then or at a later time
in the commission of such crime, or the entry, with or without permission, of a
building, enclosure, or other premises of another with the intent to commit any
such crime therein or thereon shall constitute an attempt to commit such crime.

41. Florida Statute 876.41 Conspirators.—If two or more persons conspire to

commit any crime defined by this law, each of such persons is guilty of conspiracy
and subject to the same punishment as if he or she had committed the crime which
he or she conspired to commit, whether or not any act be done in furtherance of the
conspiracy. It shall not constitute any defense or ground of suspension of
judgment, sentence or punishment on behalf of any person prosecuted under this
section, that any of his or her fellow conspirators has been acquitted, has not been
arrested or convicted, is not amenable to justice or has been pardoned or otherwise
discharged before or after conviction.

42. Judicial notice of discretionary matters listed in §90.202, Florida Statutes, can
be noticed whether or not a party requests it, including, “(r)ecords of any court of
this state or of any court of record of the United States or of any state, territory, or
jurisdiction of the United States.” §90.202(6), Florida Statutes. However, if a party
does request the court to take judicial notice of a record from this section and
satisfies the notice requirements of §90.203, then taking judicial notice of these
matters is mandatory.
43. Florida Statute 90.203 Compulsory judicial notice upon request.—A court
shall take judicial notice of any matter in s. 90.202 when a party requests it and:
(1) Gives each adverse party timely written notice of the request, proof of
which is filed with the court, to enable the adverse party to prepare to meet the
request.
 (2) Furnishes the court with sufficient information to enable it to take judicial
notice of the matter.

44. AGO 82-63 “assuming federal copyright protection exists, copyrighted work
received by a public agency in connection with its official duties or the transaction
of its official business constitutes a public record subject to inspection under Ch.
119, F.S.”.
These points and case law are highly relevant to the present matter because they
concern the right of access to public records, namely official election records,
which are at the heart of this dispute. In this case, the altering, forging, and uttering
of “Official Election Reports” by defendants have cast significant doubt that all
ballots cast are accurate and being accurately counted, and access to these public
records is critical for the public interest in having faith and trust in our elections, as
all Florida voters have the right to “vote and have his or her vote accurately
counted”.
Additionally, Florida voters have the right to “vote on a voting system that is in
working condition and that will allow votes to be accurately cast”. Access to the
requested public records is critical to ensure the right to vote of every Floridian is
being cast and counted accurately.
Furthermore, the case law cited above provides guidance on how this Court should
balance the right of access to public records with the need to protect confidential
information and comply with applicable laws and regulations. Specifically, the
case law establishes that exemptions to public records laws must be narrowly
construed and applied with a high degree of scrutiny, and that exemptions for trade
secrets or proprietary business information must be supported by evidence that the
information meets the statutory definition of a trade secret and is entitled to
protection under the exemption.
I anticipate that the opposing party may object to this motion for judicial notice on
the grounds that it is unnecessary or that the points and case law cited are not
directly relevant to the issues in this case. However, I respectfully submit that these
objections are without merit. As explained above, the right of access to public
records regarding our elections is central to this dispute, and the case law cited
provides guidance on how this Court should balance competing interests in
deciding whether to grant access to those records.
Therefore, I respectfully request that the court take judicial notice of the foregoing
authorities and find that any denial of my rights to access public records is in
violation of the Florida Constitution Article I, Section 24, Chapter 119 F.S.,
Chapter 98 F.S., furthermore the actions of the Defendants are violations of
Chapter 104 F.S., Chapter 876 F.S., and Florida Statute 101.031 – Voter’s Bill of
Rights.
WHEREFORE, Christopher Gleason respectfully requests that this Honorable
Court take judicial notice of the points and case law set forth above and grant any
further relief as deemed just and proper.

DATED this 9th day of May, 2023.

Respectfully submitted,

_/S/_Christopher Gleason_____
Christopher Gleason
Pro Se
1628 Sand Key Estates Court
Clearwater, FL 33767
727-480-2059
cpgleason72@gmail.com
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to the below named parties by U.S. mail, fax or email, this 9 th day of
May, 2023.

_/S/_Christopher Gleason_____
Christopher Gleason
Pro Se
1628 Sand Key Estates Court
Clearwater, FL 33767
727-480-2059
cpgleason72@gmail.com

Copies furnished to:

CLERK OF COURT, CIRCUIT COURT
SIXTH JUDICIAL CIRCUIT
315 COURT ST.
CLEARWATER FL 33756

PINELLAS COUTY SUPERVISOR

OF ELECTIONS OFFICE
13001 STARKEY RD
LARGO FL 33773

JULIE MARCUS
13001 STARKEY RD
LARGO FL 33773

DUSTIN CHASE
13001 STARKEY RD
LARGO FL 33773