Case: The New Georgia Project v. Raffensperger

1:20-cv-01986 | U.S. District Court for the Northern District of Georgia

Filed Date: May 8, 2020

Closed Date: March 25, 2021

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 summary: On May 8, 2020, two voters and a non-profit organization sued the Georgia Secretary of State, the Georgia State Election Board, and the Board of Registration and Elections of various counties to enjoin various absentee voting laws during COVID-19. The plaintiff sought declaratory and injunctive relief. They also submitted a …

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 summary: On May 8, 2020, two voters and a non-profit organization sued the Georgia Secretary of State, the Georgia State Election Board, and the Board of Registration and Elections of various counties to enjoin various absentee voting laws during COVID-19. The plaintiff sought declaratory and injunctive relief. They also submitted a motion for a preliminary injunction for the upcoming November 3 election. No outcome yet.


On May 8, 2020, two voters and a non-profit organization seeking to improve voter education filed a suit against the Georgia Secretary of State, the Georgia State Election Board, and the Board of Registration and Elections of various counties to enjoin various absentee voting laws during COVID-19. Filed in the U.S. District Court for the Northern District of Georgia, the plaintiffs brought this declaratory and injunctive action under 42 U.S.C. §§ 1983 and 52 U.S.C. §§ 10301-02. Specifically, the plaintiffs challenged the lack of standards in the “Absentee Application Notification Process” governing the notification process for incomplete absentee ballot applications, the “Absentee Postage Tax,” which requires the voter to pay for postage to return an absentee ballot, the “Election Day Receipt Deadline,” requiring the mail-in ballots to be received by 7 pm on Election Day, as well as the “Voter Assistance Ban,” prohibiting third-party assistance for voters casting absentee ballots. The plaintiffs sought relief declaring the challenged voting laws as undue burdens on the right to vote. The plaintiffs also sought injunctive relief enjoining the defendants from enforcing the Election Day deadline for ballots that were postmarked on Election Day, but arrive up to five business days after Election Day. Further, the plaintiffs sought an injunction requiring the defendants to provide postage to their absentee ballots, allow any third parties to assist in the collection of absentee ballots, and to use a non-uniform standard to notify voters of application deficiencies. Represented by private attorneys, the plaintiffs also sought attorney fees. The case was initially assigned to Judge Leigh Martin May, then reassigned to Judge Eleanor L. Ross.

This suit was filed after the Georgia 2020 primary elections, as the plaintiffs anticipated higher rates of absentee voting, paired with an overburdened postal system for the November 2020 general elections. The plaintiffs noted that given the majority of absentee voters will have no prior experience voting by mail prior to November and more likely to err in filing the vote, the current Notification Process must be improved. Further, the plaintiffs alleged that the Election Day Receipt Deadline threatened to disenfranchise voters whose ballots, through no fault of their own, did not arrive by the deadline due to increased burdens to postal service during the pandemic. The plaintiffs further alleged that the current Absentee Applicant Notification Process and Election Day Receipt Deadline violated the due process clause and that requiring the voters to pay for postage unconstitutionally increased monetary transaction costs to voting in violation of the Fourteenth and Twenty-Fourth Amendments. Lastly, the plaintiffs contended that the “Voter Assistance Ban” constituted an unreasonable restriction on speech in violation of the First Amendment for voters without family or household members.

On June 3, 2020, the plaintiffs amended the complaint to add another plaintiff and to challenge the “Absentee Age Restriction,” which requires voters under the age of 65 to submit an absentee ballot application for each election cycle. In the amended complaint, the plaintiffs sought to preliminarily and permanently allow voters to submit one application to vote by mail for the entire election cycle. The plaintiffs also argued that the “Voter Assistance Ban” was preempted by Section 208 of the Voting Rights Act.

On June 10, 2020, the plaintiffs filed a motion for a preliminary injunction for the November 2020 election. On June 26, the defendant submitted a motion to dismiss the amended complaint for failure to state a claim and to establish standing, claiming that the plaintiff’s purported injury is “no more than a fear that certain events may unfold at some ill-defined point in the future.”

The court issued its ruling on the plaintiffs’ motion for a preliminary injunction on August 31, 2020, granting the motion in part and denying the motion in part. 484 F. Supp. 3d 1265. The court permitted the defendant to continue implementing and enforcing the Absentee Application Notification Process, the Absentee Age Restriction, the Absentee Postage Tax, and the Voter Assistance Ban. However, the court granted the plaintiffs' request to enjoin the defendants from enforcing the Election Day Receipt Deadline. The court extended the receipt deadline for absentee ballots, ordering the defendants and their agents to accept and count valid absentee ballots from qualified voters that were postmarked by Election Day, and arrived within three business days of Election Day.

On September 4, 2020, the defendants filed an appeal and a motion to stay the injunction pending the appeal. The court denied the motion to stay the injunction on September 16, 2020, finding that the injunction served the public interest. One of the defendants’ arguments was that it was too close to the election to change the law, but the court found that the injunction was not issued last minute, having been ordered more than two months before the November 2020 election.

The Court of Appeals order expedited briefing on the injunction, and issued its ruling on October 2, 2020, granting the stay of the injunction. 976 F.3d 1278 (2020). The court concluded that 1) Georgia's decades-old Election Day deadline for absentee ballots did not threaten voting rights, 2) was justified by interests in: conducting an efficient election, quickly certifying election results, preventing voter fraud and wanting to maintain a decades-old deadline, and 3) Georgia would suffer irreparable harm absent a stay (citing precedent that held that barring the State from conducting this year’s elections pursuant to a statute enacted by the legislature constituted great harm unless the statute was unconstitutional).

On March 24, 2021, the plaintiffs stipulated to a dismissal of the complaint following a private settlement. On March 25, the court approved the dismissal and the case was terminated.

Summary Authors

Averyn Lee (7/4/2020)

Simran Takhar (4/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17166288/parties/the-new-georgia-project-v-raffensperger/


Judge(s)
Attorney for Plaintiff

Callais, Amanda R. (District of Columbia)

Attorney for Defendant

Belinfante, Joshua Barrett (Georgia)

Boughey, Timothy M (Georgia)

Brown, Wayne (Georgia)

Burwell, Kaye Woodard (Georgia)

Expert/Monitor/Master
Judge(s)

Ross, Eleanor Louise (Georgia)

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Documents in the Clearinghouse

Document

1:20-cv-01986

Docket [PACER]

July 3, 2020

July 3, 2020

Docket
1

1:20-cv-01986

Complaint for Injunctive and Declaratory Relief

May 8, 2020

May 8, 2020

Complaint
33

1:20-cv-01986

First Amended Complaint for Injunctive and Declaratory Relief

June 3, 2020

June 3, 2020

Complaint
57, 57-1, 58

1:20-cv-01986

Plaintiffs' Motion for Preliminary Injunction

June 10, 2020

June 10, 2020

Pleading / Motion / Brief
83, 83-1, 83-2

1:20-cv-01986

State Defendants' Motion to Dismiss Plaintiffs' Amended Complaint

June 26, 2020

June 26, 2020

Pleading / Motion / Brief
82, 82-1

1:20-cv-01986

County Defendants' Consolidated Motion to Dismiss

June 26, 2020

June 26, 2020

Pleading / Motion / Brief
134

1:20-cv-01986

Order

Aug. 31, 2020

Aug. 31, 2020

Order/Opinion
145

1:20-cv-01986

Order

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion

20-13360

Opinion

U. S. Court of Appeals for the Eleventh Circuit

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17166288/the-new-georgia-project-v-raffensperger/

Last updated July 23, 2023, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by Reagan Jennings, The New Georgia Project, Candace Woodall. (Filing fee $400, receipt number AGANDC-9679300) (Attachments: # 1 Civil Cover Sheet)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 5/8/2020 to edit text(tmf). (Entered: 05/08/2020)

1 Civil Cover Sheet

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May 8, 2020

May 8, 2020

Clearinghouse
2

Electronic Summons Issued as to Fred Aiken, Wanda Andrews, Neera Bahl, Beauty Baldwin, Gary Barham, Jessica M. Brooks, Dee Clemmons, Phil Daniell, Diane Givens, Darlene Johnson. (Attachments: # 1 Summons Andrews, # 2 Summons Bahl, # 3 Summons Baldwin, # 4 Summons Barham, # 5 Summons Brooks, # 6 Summons Clemmons, # 7 Summons D Johnson, # 8 Summons Daniell, # 9 Summons Givens)(tmf) (Entered: 05/08/2020)

1 Summons Andrews

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2 Summons Bahl

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3 Summons Baldwin

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4 Summons Barham

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5 Summons Brooks

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6 Summons Clemmons

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7 Summons D Johnson

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8 Summons Daniell

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9 Summons Givens

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May 8, 2020

May 8, 2020

PACER
3

Certificate of Interested Persons by Reagan Jennings, The New Georgia Project, Candace Woodall. (tmf) (Entered: 05/11/2020)

May 8, 2020

May 8, 2020

PACER
4

Electronic Summons Issued as to Sherry T. Barnes, Matthew Blender, Marcia Brown, Terence Dicks, Jesse Evans, Willa Fambrough, Henry Ficklin, Bob Finnegan, Myesha Good, Dorothy Foster Hall. (Attachments: # 1 Summons Blender, # 2 Summons Brown, # 3 Summons Dicks, # 4 Summons Evans, # 5 Summons Fambrough, # 6 Summons Ficklin, # 7 Summons Finnegan, # 8 Summons Good, # 9 Summons Hall)(tmf) Modified on 5/11/2020 to edit filing date(tmf). (Entered: 05/11/2020)

1 Summons Blender

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2 Summons Brown

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3 Summons Dicks

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4 Summons Evans

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5 Summons Fambrough

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6 Summons Ficklin

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7 Summons Finnegan

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8 Summons Good

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9 Summons Hand

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May 8, 2020

May 8, 2020

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5

Electronic Summons Issued as to Benny G. Hand, Darry Hicks, Randy Ingram, Karen James, Margaret Jenkins, Aaron Johnson, Mike Kaplan, Charles Knapper, Anh Le, Johnny Wilson. (Attachments: # 1 Summons Hicks, # 2 Summons Ingram, # 3 Summons J Wilson, # 4 Summons James, # 5 Summons Jenkins, # 6 Summons Johnson, # 7 Summons Kaplan, # 8 Summons Knapper, # 9 Summons Le)(tmf) (Entered: 05/11/2020)

1 Summons Hicks

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2 Summons Ingram

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3 Summons J Wilson

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4 Summons James

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5 Summons Jenkins

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6 Summons Johnson

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7 Summons Kaplan

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8 Summons Knapper

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9 Summons Le

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May 8, 2020

May 8, 2020

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6

Electronic Summons Issued as to Addison Lester, Anthony Lewis, Barbara Luth, John Mangano, Talula Martin, Matthew Mashburn, Tim McFalls, Colin Mcrae, Pamela Middleton, Susan Motter. (Attachments: # 1 Summons Lewis, # 2 Summons Luth, # 3 Summons Mangano, # 4 Summons Martin, # 5 Summons Mashburn, # 6 Summons McFalls, # 7 Summons MaRae, # 8 Summons Middleton, # 9 Summons Motter)(tmf) (Entered: 05/11/2020)

1 Summons Lewis

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2 Summons Luth

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3 Summons Mangano

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4 Summons Martin

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5 Summons Mashburn

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6 Summons McFalls

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7 Summons MaRae

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8 Summons Middleton

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9 Summons Motter

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May 8, 2020

May 8, 2020

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7

Electronic Summons Issued as to Joel Natt, William L. Norse, Alice O'Lenick, Jon Pannell, Linda Parker, Cassandra Powell, Robert Proctor, Patricia Pullar, Carla Radzikinas, Brad Raffensperger. (Attachments: # 1 Summons Norse, # 2 Summons O'Lenick, # 3 Summons Pannell, # 4 Summons Parker, # 5 Summons Powell, # 6 Summons Proctor, # 7 Summons Pullar, # 8 Summons Radzikinas, # 9 Summons Raffensperger)(tmf) (Entered: 05/11/2020)

1 Summons Norse

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2 Summons O'Lenick

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3 Summons Pannell

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4 Summons Parker

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5 Summons Powell

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6 Summons Proctor

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7 Summons Pullar

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8 Summons Radzikinas

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9 Summons Raffensperger

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May 8, 2020

May 8, 2020

PACER
8

Electronic Summons Issued as to Uhland Roberts, Kelly Robinson, Aldren Sadler, Sr., Ben Satterfield, Diane Scrimpshire, Dontravious M. Simmons, Randolph Slay, Dele Lowman Smith, Herbert Spangler, Annabelle T. Stubbs. (Attachments: # 1 Summons Robinson, # 2 Summons Sadler, # 3 Summons Satterfield, # 4 Summons Scrimpshire, # 5 Summons Simmons, # 6 Summons Slay, # 7 Summons Smith, # 8 Summons Spangler, # 9 Summons Stubbs)(tmf) (Entered: 05/11/2020)

1 Summons Robinson

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2 Summons Sadler

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3 Summons Satterfield

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4 Summons Scrimpshire

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5 Summons Simmons

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6 Summons Slay

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7 Summons Smith

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8 Summons Spangler

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9 Summons Stubbs

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May 8, 2020

May 8, 2020

PACER
9

Electronic Summons Issued as to Rebecca N. Sullivan, Vivian Thomas, Dustin Thompson, Ann Till, Samuel E. Tillman, Baoky N. Vu, Carol Wesley, Eleanor White, Frederick Williams, Darryl O. Wilson, Jr.. (Attachments: # 1 Summons Thomas, # 2 Summons Thompson, # 3 Summons Till, # 4 Summons Tillman, # 5 Summons Vu, # 6 Summons Wesley, # 7 Summons White, # 8 Summons Williams, # 9 Summons Wilson Jr)(tmf) (Entered: 05/11/2020)

1 Summons Thomas

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2 Summons Thompson

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3 Summons Till

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4 Summons Tillman

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5 Summons Vu

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6 Summons Wesley

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7 Summons White

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8 Summons Williams

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9 Summons Wilson Jr

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May 8, 2020

May 8, 2020

PACER
10

Electronic Summons Issued as to David J. Whorley, Rinda Wilson, June Wood, Aaron Wright, Daniel Zimmermann. (Attachments: # 1 Summons Wood, # 2 Summons Whorley, # 3 Summons Wright, # 4 Summons Zimmerman)(tmf) (Entered: 05/11/2020)

1 Summons Wood

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2 Summons Worley

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3 Summons Wright

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4 Summons Zimmerman

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May 8, 2020

May 8, 2020

PACER
11

ORDER OF RECUSAL. Judge Leigh Martin May recused. Case reassigned to Judge Eleanor L. Ross for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:20-cv-01986-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Leigh Martin May on 5/8/2020. (tmf) (Entered: 05/11/2020)

May 8, 2020

May 8, 2020

PACER
12

Electronic Summons Issued as to Gerald Barger, Mary Carole Cooney, Stephen Day, Phil Johnson, Vernetta Nuriddin, Carla Radzikinas, Kathleen Ruth, and Mark Wingate. (Attachments: # 1 Summons Mary Carole Cooney, # 2 Summons Stephen Day, # 3 Summons Phil Johnson, # 4 Summons Vernetta Nuriddin, # 5 Summons Carla Radzikinas, # 6 Summons Kathleen Ruth, # 7 Summons Mark Wingate) (jap) (Entered: 05/11/2020)

1 Summons Mary Carole Cooney

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2 Summons Stephen Day

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3 Summons Phil Johnson

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4 Summons Vernetta Nuriddin

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5 Summons Carla Radzikinas

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6 Summons Kathleen Ruth

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7 Summons Mark Wingate

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May 8, 2020

May 8, 2020

PACER

Submission of 1 Complaint,, to District Judge Leigh Martin May. (tmf)

May 8, 2020

May 8, 2020

PACER

Submission to District Judge

May 8, 2020

May 8, 2020

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Submission to District Judge

May 11, 2020

May 11, 2020

PACER

Submission of 11 Order of Recusal, 1 Complaint for Injunctive and Declaratory Relief to District Judge Eleanor L. Ross. (tmf)

May 11, 2020

May 11, 2020

PACER
13

Electronic Summons Issued as to David C. Fedack. (tmf) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
14

NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
15

APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699075). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
16

APPLICATION for Admission of K'Shanni O. Smith Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699099). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
17

APPLICATION for Admission of Lilian Magarita Timmermann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699117). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
18

APPLICATION for Admission of Stephanie R. Holstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699122). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
19

APPLICATION for Admission of Amanda Rebecca Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699124). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
20

APPLICATION for Admission of Mark Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699147). with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of K'Shanni O. Smith Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699099).. Attorney K'shaani Smith added appearing on behalf of Reagan Jennings, The New Georgia Project, Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Mark Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699147).. Attorney Marc E. Elias added appearing on behalf of Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

Approval of Application for Admission Pro Hac Vice

May 18, 2020

May 18, 2020

PACER

Order on Application for Admission PHV

May 18, 2020

May 18, 2020

PACER

MINUTE ORDER (by docket entry only) GRANTING 15 Application for Admission Pro Hac Vice of Kevin J. Hamilton; GRANTING 16 Application for Admission Pro Hac Vice of K'Shanni O. Smith; and GRANTING 18 Application for Admission Pro Hac Vice of Stephanie R. Holstein. Approved by District Judge Eleanor L. Ross on 5/18/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

May 18, 2020

May 18, 2020

PACER

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Amanda Rebecca Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699124).. Attorney Amanda R. Callais added appearing on behalf of Reagan Jennings, The New Georgia Project, Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of K'Shanni O. Smith Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699099).. Attorney K'shaani Smith added appearing on behalf of Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699075).. Attorney Kevin J. Hamilton added appearing on behalf of Reagan Jennings, The New Georgia Project, Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Stephanie R. Holstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699122).. Attorney Stephanie R. Holstein added appearing on behalf of Reagan Jennings, The New Georgia Project, Candace Woodall (nmb)

May 18, 2020

May 18, 2020

PACER

Clerk's Certificate of Mailing to Attorneys Kevin Hamilton and Stepanie Holstein as to Reagan Jennings regarding Order on Application for Admission PHV. (mlb)

May 19, 2020

May 19, 2020

PACER

Clerks Certificate of Mailing

May 19, 2020

May 19, 2020

PACER

MINUTE ORDER (by docket entry only) GRANTING 20 Application for Admission Pro Hac Vice of Mark Erik Elias. Approved by District Judge Eleanor L. Ross on 5/19/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

May 19, 2020

May 19, 2020

PACER

Order on Application for Admission PHV

May 19, 2020

May 19, 2020

PACER
21

APPLICATION for Admission of Lilian Magarita Timmermann Pro Hac Vice. with Brief In Support by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

Return of Application for Admission Pro Hac Vice

May 21, 2020

May 21, 2020

PACER

RETURN of 17 APPLICATION for Admission of Lilian Magarita Timmermann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9699117). to attorney for correction regarding not sending PHV statement for New York Bar membership. (nmb)

May 21, 2020

May 21, 2020

PACER

Clerks Certificate of Mailing

May 22, 2020

May 22, 2020

PACER

APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Lilian Magarita Timmermann Pro Hac Vice.. Attorney Lilian Magarita Timmermann added appearing on behalf of Reagan Jennings, The New Georgia Project, Candace Woodall (nmb)

May 22, 2020

May 22, 2020

PACER

Clerk's Certificate of Mailing (via email) to Attorney Lilian M. Timemrmann as to Candace Woodall regarding Order on Application for Admission PHV. (mlb)

May 22, 2020

May 22, 2020

PACER

MINUTE ORDER (by docket entry only) GRANTING 21 Application for Admission Pro Hac Vice of Lilian Margarita Timemrmann. Approved by District Judge Eleanor L. Ross on 5/22/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

May 22, 2020

May 22, 2020

PACER

Approval of Application for Admission Pro Hac Vice

May 22, 2020

May 22, 2020

PACER

Order on Application for Admission PHV

May 22, 2020

May 22, 2020

PACER
22

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
23

Consent MOTION to Set Time For State Defendants to File A Responsive Pleading by Reagan Jennings, The New Georgia Project, Candace Woodall. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) Modified on 6/3/2020 to edit text (jpk). (Entered: 06/02/2020)

1 Text of Proposed Order

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June 2, 2020

June 2, 2020

PACER
24

NOTICE of Appearance by James Clinton Clark, Jr on behalf of Margaret Jenkins, Linda Parker, Uhland Roberts, Diane Scrimpshire, Eleanor White (Clark, James) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
25

NOTICE of Appearance by Alan G. Snipes on behalf of Margaret Jenkins, Linda Parker, Uhland Roberts, Diane Scrimpshire, Eleanor White (Snipes, Alan) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
26

ORDER granting 23 Motion for Extension of Time to Answer. Defendants Brad Raffensperger, Rebecca N. Sullivan, David J. Worley, Matthew Mashburn, and Anh Le shall file any responsive pleading responding to the Plaintiffs' Complaint on or before June 26, 2020. Signed by Judge Eleanor L. Ross on 6/3/2020. (jpk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
27

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Belinfante, Joshua) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
28

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Russo, Vincent) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
29

NOTICE of Appearance by Carey Allen Miller on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Miller, Carey) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
30

NOTICE of Appearance by Alexander Fraser Denton on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Denton, Alexander) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
31

NOTICE of Appearance by Brian Edward Lake on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Lake, Brian) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
32

NOTICE of Appearance by Melanie Leigh Johnson on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Johnson, Melanie) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
33

First AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants filed by Reagan Jennings, The New Georgia Project, Candace Woodall.(Sparks, Adam) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

Clearinghouse
34

MOTION for Leave to File Excess Pages in Support of Motion for Preliminary Injunction by Reagan Jennings, The New Georgia Project, Candace Woodall. (Sparks, Adam) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
35

Notice for Leave of Absence for the following date(s): Friday July 17, 2020 - Wednesday, July 22, 2020, by Joshua Barrett Belinfante. (Belinfante, Joshua) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
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NOTICE of Appearance by Kenneth Paul Robin on behalf of Matthew Blender, Randy Ingram, Barbara Luth, Joel Natt, Carla Radzikinas (Robin, Kenneth) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
37

NOTICE of Appearance by Kenneth Paul Robin on behalf of Phil Johnson, Kelly Robinson, Dustin Thompson (Robin, Kenneth) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
38

NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
39

NOTICE of Appearance by Shelley Driskell Momo on behalf of Anthony Lewis, Susan Motter, Dele Lowman Smith, Samuel E. Tillman, Baoky N. Vu (Momo, Shelley) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
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NOTICE of Appearance by William H. Noland on behalf of Henry Ficklin, Mike Kaplan, Cassandra Powell, Herbert Spangler, Rinda Wilson (Noland, William) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
41

NOTICE of Appearance by Irene B. Vander Els on behalf of Anthony Lewis, Susan Motter, Dele Lowman Smith, Samuel E. Tillman, Baoky N. Vu (Vander Els, Irene) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
42

Consent MOTION for Extension of Time to File Answer by Henry Ficklin, Mike Kaplan, Cassandra Powell, Herbert Spangler, Rinda Wilson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Noland, William) (Entered: 06/07/2020)

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June 7, 2020

June 7, 2020

PACER
43

Acknowledgment of Service and Consent MOTION for Extension of Time to File Answer with Brief In Support by Diane Givens, Dorothy Foster Hall, Darlene Johnson, Patricia Pullar, Carol Wesley. (Attachments: # 1 Text of Proposed Order)(Hancock, Jack) Modified on 6/9/2020 to edit event text (jpk). (Entered: 06/08/2020)

1 Text of Proposed Order

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June 8, 2020

June 8, 2020

PACER
44

Acknowledgment of Service and Consent MOTION for Extension of Time to File Answer with Brief In Support by David C. Fedack, Myesha Good, Talula Martin, Robert Proctor, Daniel Zimmermann. (Attachments: # 1 Text of Proposed Order)(Cole, David) Modified on 6/9/2020 to edit event text (jpk). (Entered: 06/08/2020)

1 Text of Proposed Order

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June 8, 2020

June 8, 2020

PACER
45

Consent MOTION for Extension of Time to File Answer with Brief In Support by Margaret Jenkins, Linda Parker, Uhland Roberts, Diane Scrimpshire, Eleanor White. (Attachments: # 1 Text of Proposed Order)(Snipes, Alan) (Entered: 06/08/2020)

1 Text of Proposed Order

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June 8, 2020

June 8, 2020

PACER
46

ORDER granting in part and denying in part 34 Motion for Leave to File Excess Pages. The Court GRANTS Plaintiffs' request for permission to file excess pages but DENIES Plaintiffs' specific request for twenty (20) additional pages. Instead, Plaintiffs may file an additional ten (10) pages - for a total of thirty-five (35) pages - to their forthcoming Motion for Preliminary Injunction. Signed by Judge Eleanor L. Ross on 6/8/2020. (jpk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
47

NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Jacoutot, Bryan) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
48

NOTICE of Appearance by Kenneth Paul Robin on behalf of Benny G. Hand, Pamela Middleton, Dontravious M. Simmons, Annabelle T. Stubbs, Frederick Williams (Robin, Kenneth) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
49

NOTICE of Appearance by Loree Anne Paradise on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Paradise, Loree Anne) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
50

NOTICE of Appearance by Diane Festin LaRoss on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (LaRoss, Diane) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
51

NOTICE of Appearance by Timothy M. Boughey on behalf of David C. Fedack, Myesha Good, Talula Martin, Robert Proctor, Daniel Zimmermann (Boughey, Timothy) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
52

NOTICE of Appearance by Kenneth Paul Robin on behalf of Gary Barham, Dee Clemmons, Vivian Thomas, Johnny Wilson, June Wood (Robin, Kenneth) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
53

NOTICE of Appearance by Daniel Walter White on behalf of Fred Aiken, Neera Bahl, Jessica M. Brooks, Phil Daniell, Darryl O. Wilson, Jr (White, Daniel) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
54

Consent MOTION for Extension of Time to File Answer re 33 Amended Complaint, (on behalf of Forsyth County, Newton County, Cobb County, Fayette County, DeKalb County, Gwinnett County and Albany-Dougherty County Defendants with consent of Plaintiffs) with Brief In Support by Matthew Blender, Randy Ingram, Barbara Luth, Joel Natt, Carla Radzikinas. (Attachments: # 1 Text of Proposed Order)(Robin, Kenneth) (Entered: 06/09/2020)

1 Text of Proposed Order

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June 9, 2020

June 9, 2020

PACER
55

ORDER: The Court GRANTS the 42, 43, 44, 45, and 54 motions. These Defendants shall file a responsive pleading to Plaintiff's Amended Complaint on or before June 26, 2020. Signed by Judge Eleanor L. Ross on 6/10/2020. (jpk) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
56

Consent MOTION to Substitute Party Dan Richardson, Donna Morris-McBride, Andy Callaway, Arch Brown, Mildred Schmelz, Consent MOTION for Extension of Time to File Answer to the First Amended Complaint by Reagan Jennings, The New Georgia Project, Candace Woodall. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) (Entered: 06/10/2020)

1 Text of Proposed Order

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June 10, 2020

June 10, 2020

PACER
57

MOTION for Preliminary Injunction by Reagan Jennings, The New Georgia Project, Candace Woodall, Beverly Pyne. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) (Entered: 06/10/2020)

1 Text of Proposed Order

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June 10, 2020

June 10, 2020

RECAP
58

Plaintiffs' Memorandum of Law in Support of 57 MOTION for Preliminary Injunction filed by Reagan Jennings, The New Georgia Project, Candace Woodall, Beverly Pyne. (Sparks, Adam) Modified on 6/11/2020 to edit text (jpk). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
59

AFFIDAVIT in Support re 57 MOTION for Preliminary Injunction filed by Reagan Jennings, The New Georgia Project, Candace Woodall, Beverly Pyne. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit, # 55 Exhibit, # 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit, # 61 Exhibit, # 62 Exhibit, # 63 Exhibit, # 64 Exhibit, # 65 Exhibit, # 66 Exhibit, # 67 Exhibit, # 68 Exhibit, # 69 Exhibit, # 70 Exhibit, # 71 Exhibit, # 72 Exhibit, # 73 Exhibit, # 74 Exhibit, # 75 Exhibit, # 76 Exhibit, # 77 Exhibit, # 78 Exhibit, # 79 Exhibit, # 80 Exhibit, # 81 Exhibit, # 82 Exhibit, # 83 Exhibit, # 84 Exhibit, # 85 Exhibit, # 86 Exhibit, # 87 Exhibit, # 88 Exhibit, # 89 Exhibit, # 90 Exhibit, # 91 Exhibit)(Sparks, Adam) (Entered: 06/11/2020)

1 Exhibit

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June 10, 2020

June 10, 2020

PACER
60

NOTICE of Appearance by Virginia Candace Josey on behalf of Henry Ficklin, Mike Kaplan, Cassandra Powell, Herbert Spangler, Rinda Wilson (Josey, Virginia) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
61

NOTICE of Appearance by John Matthew Hawkins on behalf of Jesse Evans, Willa Fambrough, Charles Knapper, Ann Till (Hawkins, John) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
62

Consent MOTION to set Briefing Schedule re: 57 MOTION for Preliminary Injunction by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Text of Proposed Order)(Tyson, Bryan) Modified on 6/17/2020 to edit text (jpk). (Entered: 06/16/2020)

1 Text of Proposed Order

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June 16, 2020

June 16, 2020

PACER
63

Consent MOTION for Extension of Time to File Answer re 33 Amended Complaint, and Acknowledgment of Service by Gerald Barger, Karen James, Aldren Sadler, Sr. (Attachments: # 1 Text of Proposed Order)(Linkous, William) (Entered: 06/16/2020)

1 Text of Proposed Order

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June 16, 2020

June 16, 2020

PACER
64

NOTICE of Appearance by Charlene S McGowan on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (McGowan, Charlene) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
65

ORDER granting 62 Motion for Extension of Time. The Court sets the following briefing schedule for the Parties' responses and replies to Plaintiffs' 57 Motion for Preliminary Injunction: Defendants' responses to Plaintiffs' motion for preliminary injunction are due by July 8, 2020. Plaintiffs' replies in support of motion for preliminary injunction are due by July 15, 2020. Signed by Judge Eleanor L. Ross on 6/16/2020. (jpk) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
66

NOTICE of Appearance by Megan Nicole Martin on behalf of Phil Johnson, Kelly Robinson, Dustin Thompson (Martin, Megan) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
67

ORDER granting 56 Motion to Substitute Party. Defendants JUNE WOOD, JOHNNY WILSON, DEE CLEMMONS, GARY BARHAM, and VIVIAN THOMAS in their official capacities as Members of the Henry County Board of Elections and Registration, are dismissed from this action; The Clerk of Court is DIRECTED to reflect the proper identification of the Henry County Board of Elections and Registration Defendants in the style of this action as DAN RICHARDSON, DONNA MORRIS-MCBRIDE, ANDY CALLAWAY, ARCH BROWN, and MILDRED SCHMELZ, in their official capacities as Members of the Henry County Board of Elections and Registration; The deadline for the Henry County Board of Elections and Registration Defendants to file an Answer or otherwise respond to the First Amended Complaint shall be on or before June 26, 2020. Signed by Judge Eleanor L. Ross on 6/16/2020. (Defendant Parties Dan Richardson, Donna Morris-McBride, Andy Callaway, Arch Brown and Mildred Schmelz (in their official capacities as Members of the Henry County Board of Elections and Registration) added). (Defendant Parties Vivian Thomas, Johnny Wilson, June Wood, Gary Barham and Dee Clemmons (in their official capacities as Members of the Henry County Board of Elections and Registration) terminated). (jpk) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
68

ORDER granting 63 Motion for Extension of Time to Answer. The Rockdale County Defendants and the Athens-Clarke County Defendants shall file their responsive pleadings to Plaintiffs' 33 First Amended Complaint on or before June 26, 2020. Signed by Judge Eleanor L. Ross on 6/16/2020. (jpk) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
69

NOTICE of Appearance by Gregory C. Sowell on behalf of Jesse Evans, Willa Fambrough, Charles Knapper, Ann Till (Sowell, Gregory) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
70

NOTICE of Appearance by Rachel Nicole Mack on behalf of Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls (Mack, Rachel) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
71

NOTICE of Appearance by Patrick D. Jaugstetter on behalf of Arch Brown, Andy Callaway, Donna Morris-McBride, Dan Richardson, Mildred Schmelz (Jaugstetter, Patrick) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
72

Unopposed MOTION for Leave to File Excess Pages by Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
73

NOTICE Of Filing by Reagan Jennings, Beverly Pyne, The New Georgia Project, Candace Woodall re 57 MOTION for Preliminary Injunction Revised Exhibit 91 to Declaration in Support of Motion (Attachments: # 1 Exhibit 91 - Revised)(Sparks, Adam) (Entered: 06/19/2020)

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June 19, 2020

June 19, 2020

PACER
74

Joint MOTION for Extension of Time to File Answer by Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls. (Attachments: # 1 Text of Proposed Order)(Mack, Rachel) (Entered: 06/22/2020)

1 Text of Proposed Order

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June 22, 2020

June 22, 2020

PACER
75

CERTIFICATE OF SERVICE re 74 Joint MOTION for Extension of Time to File Answer filed by Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls (Mack, Rachel) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2020

Closing Date: March 25, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two voters and a non-profit organization seeking to improve voter education

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

De Kalb County Board of Registration and Elections (De Kalb), County

Cobb County Board of Elections and Registration (Cobb), County

Gwinnett County Board of Registrations and Elections (Gwinnett), County

Chatham County Board of Registrars (Chatham), County

Fayette County Board of Elections and Voter Registration (Fayette), County

Clayton County Board of Elections and Registrations (Clayton), County

Henry County Board of Elections and Registration (Henry), County

Douglas County Board of Elections and Registration (Douglas), County

Rockdale County Board of Elections and Voter Registration (Rockdale), County

Newton County Board of Elections and Registration (Newton), County

Richmond County Board of Elections (Richmond), County

Athens-Clarke County Board of Elections and Voter Registration (Clarke), County

Forsyth County Board of Registrations and Elections (Forsyth), County

Albany-Dougherty County Joint Board of Registration and Elections (Dougherty), State

Columbus-Muscogee County Board of Elections (Muscogee), County

Georgia Secretary of State, State

Georgia State Election Board and the Board of Registration, State

Fulton County Board of Registration and Elections (Fulton), County

Macon-Bibb County Board of Elections, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Issues

General:

Voting

Discrimination-basis:

Disability (inc. reasonable accommodations)

COVID-19:

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules