Circuit Judge Lee Marsh Recuses Himself From Florida Redistricting Case After Challenge by Secretary of State Cord Byrd

On Thursday, May 21, 2026, Florida Politics reported that Florida Secretary of State Cord Byrd sought the removal of Circuit Judge Lee Marsh from a redistricting case, a request that Marsh ultimately granted. Marsh cited the timeliness required in the case and the need to advance the matter on the court’s calendar as reasons for his recusal.

Byrd’s motion for disqualification stemmed from concerns about impartiality, given that Mohammad Jazil, counsel for the Governor’s Office, serves on Judge Marsh’s re-election campaign committee. According to a court briefing by Byrd, Jazil contributed to Marsh’s re-election efforts, co-hosting a fundraiser on March 24, 2026, and participating in discussions related to the ongoing campaign.

Jazil previously represented the Secretary of State’s Office when it successfully defended a congressional map crafted by Gov. Ron DeSantis’ Office in 2022. That case was also initially heard by Marsh, who struck down the maps as unconstitutional before an appellate court reversed the decision.

The courts, in weighing the 2022 map, ultimately adopted DeSantis’ position that his maps corrected an unconstitutional gerrymander of a North Florida seat that historically elected a Black Democrat. The Supreme Court ruling undermined portions of the Fair District amendment in Florida’s Constitution, which bars the diminishment of the power of Black communities to elect a U.S. Representative of their choice.

Jazil now argues that the Supreme Court decision set the stage for the entire Fair Districts amendment to be tossed. He contends that it was permissible for the analyst who drew a mid-decade redistricting plan to use partisan data when crafting lines, despite such use being forbidden under Fair Districts language.

Plaintiffs challenging the new map, represented by Democratic election lawyer Marc Elias, have opposed Byrd’s motion to dismiss Marsh. The plaintiffs argue that the Secretary’s theory—that he might not receive a fair trial because of his own attorney’s role in Judge Marsh’s re-election campaign—is “truly bizarre”.

The Equal Ground Education Fund has filed the first legal challenge against the new map, hours after DeSantis approved the implementing bill passed by the Legislature, maintaining that the Fair Districts amendment still forbids drawing a map with partisan intent.

The group has asked Marsh to block any enactment of the map ahead of the 2026 Midterms while the challenge gets heard.