Chabad of Surfside, et al., v. Town of Surfside, et al.

Case Description

Passover (or Pesach in Hebrew) is a major Jewish spring festival that commemorates the exodus of the Israelites from slavery in ancient Egypt. The holiday gets its name from the biblical story in which God “passed over” Jewish homes during the final plague of Egypt, sparing their firstborn children. Passover is a time during which many traditionally observant Jews are prohibited from activities including driving, writing, and using electronics.

The town of Surfside, Florida, is holding a runoff election for mayor. Election day is scheduled for April 7, 2026, right in the middle of Passover, which this year is April 1-9. Chabad of Surfside, United Orthodox Synagogues of Surfside, multiple rabbis, and individual voters filed an emergency lawsuit to postpone the election until Passover has ended. The suit alleges that the election taking place during Passover violates Florida’s Religious Freedom Restoration Act because it imposes a substantial burden on observant Jewish voters. Plaintiffs have requested the court issue a temporary injunction blocking the runoff from happening on April 7 and rescheduling it to either April 14 or another date after Passover.

The Center filed an amicus brief in support of the preliminary injunction. The brief, which is the only amicus brief filed in this case, argues that Surfside is forcing thousands of Jewish voters to choose between their religious observance of God’s command to honor Passover and their right to vote, which choice substantially burdens their free exercise of religion.

Less than 20 hours before the election, the court granted in part and denied in part Plaintiffs’ request. The court ruled the election would proceed as originally scheduled on April 7, explaining that changing an existing election date could disenfranchise voters who could vote on April 7 but might not be able to vote on a new date. In addition, the court extended the voting period, explaining that holding the election during Passover would also disenfranchise voters. The judge also expanded the mail-in voting period through April 28, extended through April 17 the request deadline for voters to request a mail-in ballot, and increased flexibility around ballot return options, allowing completed ballots to be returned by mail or in person through April 28.