Case: Black Voters Matter Fund v. Raffensperger

1:20-cv-01489 | U.S. District Court for the Northern District of Georgia

Filed Date: May 11, 2020

Case Ongoing

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: This is a class-action suit brought by a nonprofit organization and an individual against the state of Georgia to challenge the state’s requirement to purchase postage stamps for mail-in ballots. The plaintiffs sought declaratory and injunctive relief requiring election officials to provide prepaid returnable envelopes for …

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: This is a class-action suit brought by a nonprofit organization and an individual against the state of Georgia to challenge the state’s requirement to purchase postage stamps for mail-in ballots. The plaintiffs sought declaratory and injunctive relief requiring election officials to provide prepaid returnable envelopes for absentee ballots and absentee ballot applications. On April 30, the preliminary injunction was denied for the June primaries and on August 11, the plaintiffs’ motion for preliminary injunction was denied as to Count I of the amended complaint, and which was accordingly dismissed.


On April 8, 2020, Black Voters Matter Fund and an individual voter filed a class-action lawsuit against the Secretary of State of Georgia and the Dekalb County Board of Registration & Elections to challenge the state’s requirement to purchase postage stamps for mail-in ballots. The plaintiffs filed the suit after anticipating mail-in votes to skyrocket for the June and November 2020 elections, given that the COVID-19 pandemic posed health risks for in-person voting. The plaintiffs argued that because election officials required voters to pay postage, the state unconstitutionally forced voters to pay in order to participate in the election. They also alleged that the poll tax posed an undue burden on the right to vote in violation of the First and Fourteenth Amendments. The plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983. Specifically, they sought declaratory and injunctive relief injunction requiring election officials to provide prepaid returnable envelopes for absentee ballots and absentee ballot applications. The plaintiffs also filed a preliminary injunction and sought attorney fees. They were represented by the American Civil Liberties Union (ACLU) and ACLU of Georgia. The case was filed in the U.S. District Court for the Northern District of Georgia and assigned to Judge Amy Totenberg.

On April 20, the defendants filed an opposition to the preliminary injunction, claiming that the Secretary had already taken various steps to mitigate the risk of harm to Georgia primary voters during the COVID-19 outbreak. On April 23, the defendants filed a motion to dismiss the complaint.

On April 30, the plaintiff’s motion for preliminary injunction was denied as to the June primaries. 2020 WL 2079240. This was, in part, because the state had already begun mailing ballots to voters and as such, the plaintiffs' proposed remedies would be difficult to implement. The court noted that the requested relief for subsequent elections remained pending and would be addressed in a separate decision.

On May 11, the plaintiffs filed an amended complaint to add two other voter plaintiffs and the Director of Voter Registration and Elections as a defendant. The same day, the court denied the defendants’ motion to dismiss the original complaint as moot. The next day, the defendants filed a motion to dismiss the plaintiffs' amended complaint. On May 12, the plaintiffs filed an emergency motion for a temporary restraining order (TRO) and a preliminary injunction, and sought to expedite the briefing process to implement the requested relief in time for the August runoff. The request was denied on May 15, and the court noted that the emergency motion did not raise any new facts or arguments, instead “‘incorporat[ing] by reference all prior filings and evidence submitted in connection with the Original Plaintiffs’ prior motion for preliminary injunction’ and seek[ing] relief for the August runoff and November general elections.”

On May 18, the defendants filed a motion to dismiss for failure to state a claim, stating that the claims were barred by the Eleventh Amendment and legislative immunity. On May 31, the plaintiffs filed a motion to certify a defendant class of all Georgia boards of registrars, their members, their election directors, county registrars, and municipal absentee ballot clerks, as well as a plaintiff class of all registered Georgia voters. The plaintiff class was subdivided into a subclass of all registered Georgia voters who satisfy one of the COVID-19 risk factors identified by the Center for Disease Control.

On August 11, the plaintiffs’ motion for preliminary injunction was denied as to Count I of the amended complaint, which alleged that the state imposed an unconstitutional poll tax in violation of the Fourteenth and Twenty-Fourth Amendments. 2020 WL 4597053. While the court noted that the plaintiffs “presented compelling evidence that the state’s handling of the June 2020 election was plagued with difficulties, including many instances of voters not receiving their absentee ballots, and as a result being unnecessarily exposed to the virus[,]” the court found that such issues were “beyond the scope of this litigation, which is focused on the postage requirement for absentee voting.” The court also pointed to other courts in this district considering direct challenges regarding those issues and that variations may lead to different outcomes. Accordingly, the defendant’s motion to dismiss the amended complaint was granted for Count I of the complaint but denied as to Count II.

The case is ongoing.

Summary Authors

Averyn Lee (8/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17052777/parties/black-voters-matter-fund-v-raffensperger/


Judge(s)

Totenberg, Amy Mil (Georgia)

Attorneys(s) for Plaintiff

Denton, Alexander Fraser (Georgia)

Ho, Dale E. (New York)

Lake, Brian Edward (Georgia)

Lakin, Sophia L. (New York)

Young, Sean (Georgia)

Attorneys(s) for Defendant

Belinfante, Joshua Barrett (Georgia)

Carr, Christopher M. (Georgia)

Cowart, Annette (Georgia)

Johnson, Melanie Leigh (Georgia)

Judge(s)

Totenberg, Amy Mil (Georgia)

Attorneys(s) for Plaintiff

Denton, Alexander Fraser (Georgia)

Ho, Dale E. (New York)

Lake, Brian Edward (Georgia)

Lakin, Sophia L. (New York)

Young, Sean (Georgia)

Attorneys(s) for Defendant

Belinfante, Joshua Barrett (Georgia)

Carr, Christopher M. (Georgia)

Cowart, Annette (Georgia)

Johnson, Melanie Leigh (Georgia)

McGowan, Charlene S. (Georgia)

Momo, Shelley Driskell (Georgia)

Russo, Vincent Robert Jr. (Georgia)

Vander Els, Irene B. (Georgia)

Willard, Russell D. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 11, 2020 Docket
1

Complaint

April 8, 2020 Complaint
2 & (2-1 to 2-11)

Plaintiffs' Motion for Preliminary Injunction

April 8, 2020 Pleading / Motion / Brief
8

Plaintiffs' Supplemental Brief in Support of Their Motion for Preliminary Injunction

April 9, 2020 Pleading / Motion / Brief
51 (& 51-1 to 51-8)

Response of Secretary of State Brad Raffensperger in Opposition to Plaintiffs' Motion for Preliminary Injunction

April 20, 2020 Pleading / Motion / Brief
80

Defendant DeKalb County Board of Registration and Elections' Motion to Dismiss and Incorporated Memorandum of Law in Support Thereof

April 30, 2020 Pleading / Motion / Brief
83

Order

2020 WL 2079240

April 30, 2020 Order/Opinion
84

Plaintiffs' Brief in Opposition to Defendant Raffensperger's Motion to Dismiss

May 1, 2020 Pleading / Motion / Brief
88

Amended Complaint

May 11, 2020 Complaint
90

Secretary of State Brad Raffensperger's Motion to Dismiss Plaintiffs' Amended Complaint

May 12, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Black Voters Matter v. Raffensperger

ACLU Georgia

The ACLU of Georgia filed a federal lawsuit on behalf of Black Voters Matter challenging the constitutionality of requiring voters to buy postage stamps when submitting mail-in absentee ballots and m… April 8, 2020 https://www.acluga.org/en/cases/black-voters-matter-v-raffensperger

Black Voters Matter v. Raffensperger

American Civil Liberties Union

The American Civil Liberties Union and ACLU of Georgia filed a federal lawsuit April 8, 2020, on behalf of Black Voters Matter challenging the constitutionality of requiring voters to buy postage sta… April 13, 2020 https://www.aclu.org/cases/black-voters-matter-v-raffensperger

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17052777/black-voters-matter-fund-v-raffensperger/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Black Voters Matter Fund, Megan Gordon. (Filing fee $400, receipt number AGANDC-9573337) (Attachments: # 1 Civil Cover Sheet)(bnp) 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: 04/08/2020)

1 Civil Cover Sheet

View on RECAP

April 8, 2020 RECAP

Submission to District Judge

April 8, 2020 PACER
2

MOTION for Preliminary Injunction with Brief In Support by Black Voters Matter Fund, Megan Gordon. (Attachments: # 1 Brief in Support, # 2 Exhibit A (Albright Decl.), # 3 Exhibit B (absentee ballot application), # 4 Exhibit C (absentee voting guide), # 5 Exhibit D (Gordon Decl.), # 6 Exhibit E (news article re poll worker shortage), # 7 Exhibit F (Governor's emergency order), # 8 Exhibit G (news article re President's death toll estimate), # 9 Exhibit H (Ga. Dept. of Health stats), # 10 Exhibit I (NDGa Order), # 11 Exhibit J (news article re prior death toll), # 12 Exhibit K (Mich. Gov. emergency order))(bnp) (Entered: 04/08/2020)

1 Brief in Support

View on RECAP

2 Exhibit A (Albright Decl.)

View on RECAP

3 Exhibit B (absentee ballot application)

View on PACER

4 Exhibit C (absentee voting guide)

View on PACER

5 Exhibit D (Gordon Decl.)

View on RECAP

6 Exhibit E (news article re poll worker shortage)

View on PACER

7 Exhibit F (Governor's emergency order)

View on PACER

8 Exhibit G (news article re President's death toll estimate)

View on PACER

9 Exhibit H (Ga. Dept. of Health stats)

View on PACER

10 Exhibit I (NDGa Order)

View on PACER

11 Exhibit J (news article re prior death toll)

View on PACER

12 Exhibit K (Mich. Gov. emergency order)

View on PACER

April 8, 2020 PACER
3

Electronic Summons Issued as to Dekalb County Board of Registration & Elections and Brad Raffensperger. (Attachments: # 1 Summons DeKalb County Board of Registration & Elections)(bnp) (Entered: 04/08/2020)

1 Summons DeKalb County Board of Registration & Elections

View on PACER

April 8, 2020 PACER

Submission of 2 MOTION for Preliminary Injunction to District Judge Amy Totenberg. (bnp)

April 8, 2020 PACER
4

Amended General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/2020. (bnp) (Entered: 04/08/2020)

April 8, 2020 PACER
5

Certificate of Interested Persons by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/08/2020)

April 8, 2020 PACER
6

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 4/8/2020. (bnp) (Entered: 04/08/2020)

April 8, 2020 PACER
7

CERTIFICATE of Compliance for all Plaintiffs' attorneys (Young, Sean) (Entered: 04/08/2020)

April 8, 2020 PACER
8

Supplemental Brief re: new election dates re 2 MOTION for Preliminary Injunction by Black Voters Matter Fund, Megan Gordon (Young, Sean) Modified on 4/9/2020 to edit event text(bnp). (Entered: 04/09/2020)

April 9, 2020 RECAP
9

ORDER re 2 Plaintiffs' MOTION for Preliminary Injunction filed by Megan Gordon, Black Voters Matter Fund. Defendants are DIRECTED to file a Response to the Motion NO LATER THAN Friday, April 17, 2020 at 2:00 PM. Plaintiffs are DIRECTED to file a Reply NO LATER THAN April 22, 2020 at 2:00 PM. The Court will conduct an audio or video remote hearing on the Motion on Friday, April 24, 2020 at 10:30 AM. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Amy Totenberg on 4/10/2020. (hpc) (Entered: 04/10/2020)

April 10, 2020 RECAP
10

CERTIFICATE OF SERVICE re 9 Order, filed by Black Voters Matter Fund, Megan Gordon re: service status for Complaint, Summons, Motion, and April 10 Order (Young, Sean) (Entered: 04/10/2020)

April 10, 2020 RECAP
11

Return of Service Executed by Black Voters Matter Fund, Megan Gordon. DeKalb County Board of Registration & Elections served on 4/9/2020, answer due 4/30/2020. (Young, Sean) (Entered: 04/13/2020)

April 13, 2020 PACER
12

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Marilynn Winn by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/13/2020)

April 13, 2020 RECAP
13

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Marc Mooney by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/13/2020)

April 13, 2020 PACER
14

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Dohyun Ahn by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/13/2020)

April 13, 2020 PACER
15

CERTIFICATE OF SERVICE filed by Black Voters Matter Fund, Megan Gordon confirming perfection of service on Defendant Secretary of State (Young, Sean) (Entered: 04/13/2020)

April 13, 2020 PACER
16

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Britt Farbo by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 PACER
17

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Daniel Kirslis by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 PACER
18

Return of Service Unexecuted by Black Voters Matter Fund, Megan Gordon as to Brad Raffensperger. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 PACER
19

NOTICE of Appearance by Charlene S McGowan on behalf of Brad Raffensperger (McGowan, Charlene) (Entered: 04/14/2020)

April 14, 2020 PACER
20

CERTIFICATE of Compliance (McGowan, Charlene) (Entered: 04/14/2020)

April 14, 2020 PACER
21

NOTICE of Appearance by Shelley Driskell Momo on behalf of DeKalb County Board of Registration & Elections (Momo, Shelley) (Entered: 04/14/2020)

April 14, 2020 PACER
22

CERTIFICATE of Compliance re 6 Court's standing order by DeKalb County Board of Registration & Elections (Momo, Shelley) Modified on 4/15/2020 to edit event text(bnp). (Entered: 04/14/2020)

April 14, 2020 PACER
23

NOTICE of Appearance by Irene B. Vander Els on behalf of DeKalb County Board of Registration & Elections (Vander Els, Irene) (Entered: 04/14/2020)

April 14, 2020 PACER
24

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Delinda Bryant by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 RECAP
25

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Savanah Kite by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 RECAP
26

AFFIDAVIT re 2 MOTION for Preliminary Injunction - David Walbert by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 RECAP
27

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Janice Walker by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/14/2020)

April 14, 2020 RECAP
28

APPLICATION for Admission of Sophia Lin Lakin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9592651).by Black Voters Matter Fund. (Young, Sean) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/14/2020)

April 14, 2020 PACER
29

APPLICATION for Admission of Dale E. Ho Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9592785).by Black Voters Matter Fund. (Young, Sean) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/14/2020)

April 14, 2020 PACER
86

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 4/14/2020. The deadline for Defendants to respond to the 2 Motion for Preliminary Injunction is extended to Monday, April 20, 2020 at noon. (Court Reporter Shannon Welch)(bnp) (Entered: 05/05/2020)

April 14, 2020 PACER
30

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Sarah Burke by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/15/2020)

April 15, 2020 PACER
31

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Jay Solomon by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/15/2020)

April 15, 2020 PACER
32

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Brad Raffensperger (Russo, Vincent) (Entered: 04/16/2020)

April 16, 2020 RECAP
33

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Ahmed Mahmood by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/16/2020)

April 16, 2020 PACER
34

NOTICE of Appearance by Melanie Leigh Johnson on behalf of Brad Raffensperger (Johnson, Melanie) (Entered: 04/16/2020)

April 16, 2020 RECAP
35

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Brad Raffensperger (Belinfante, Joshua) (Entered: 04/16/2020)

April 16, 2020 PACER
36

NOTICE of Appearance by Brian Edward Lake on behalf of Brad Raffensperger (Lake, Brian) (Entered: 04/16/2020)

April 16, 2020 PACER
37

NOTICE of Appearance by Alexander Fraser Denton on behalf of Brad Raffensperger (Denton, Alexander) (Entered: 04/16/2020)

April 16, 2020 RECAP
38

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Penelope Frazer Reid by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/16/2020)

April 16, 2020 PACER
39

TRANSCRIPT of Telephone Conference Proceedings held on 4/14/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020. (Attachments: # 1 Notice of Filing) (srw) (Entered: 04/17/2020)

1 Notice of Filing

View on PACER

April 17, 2020 PACER
40

NOTICE: Letter received 4/17/20 by Brad Raffensperger (hfm) (Entered: 04/17/2020)

April 17, 2020 PACER

Order

April 17, 2020 PACER

ORDER by docket entry only re 40 Notice filed by Brad Raffensperger. The Court received a letter dated April 17, 2020 from Counsel for the Secretary of State indicating that ballots will begin mailing out on Tuesday, April 21, 2020. The Court intends to have a phone conference at 2:30 PM today. All counsel are directed to reach out to the Courts Deputy Clerk Harry Martin immediately to confirm their availability. By Judge Amy Totenberg on 4/17/20. (hfm)

April 17, 2020 PACER

Return of Application for Admission Pro Hac Vice

April 17, 2020 PACER

ORDER, by docket entry only. Counsel for Defendants should be prepared to address the following during todays conference call: The online voter Absentee Ballot Application form available on the Georgia Secretary of States website is different from the version of the form available on the DeKalb County Board of Registration and Elections website. The version of the form on the SOS website is FORM #ABS-APP-18. The version of the form on the DeKalb Co. website is FORM #ABS-APP-14. Are voters required to use only the form provided on the Secretary of States website or are forms provided by the county board of elections an acceptable method for requesting absentee ballots? By Judge Amy Totenberg on 4/17/20. (hfm)

April 17, 2020 PACER

RETURN of 28 APPLICATION for Admission of Sophia Lin Lakin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9592651). to attorney for correction re: Local counsel's address. Please refile with a physical address. (cdg)

April 17, 2020 PACER

RETURN of 29 APPLICATION for Admission of Dale E. Ho Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9592785). to attorney for correction re:Local counsel's address. Please refile application with a physical address. (cdg)

April 17, 2020 PACER
41

APPLICATION for Admission of Sophia Lin Lakin Pro Hac Vice.by Black Voters Matter Fund. (Young, Sean) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/17/2020)

April 17, 2020 PACER
42

APPLICATION for Admission of Dale E. Ho Pro Hac Vice.by Black Voters Matter Fund. (Young, Sean) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/17/2020)

April 17, 2020 PACER
43

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 4/17/2020. The Parties are directed to advise the Court's deputy clerk of their availability for a Thursday, April 23, 2020 hearing date by no later than Monday at noon. (Court Reporter Shannon Welch)(bnp) (Entered: 04/17/2020)

April 17, 2020 PACER
44

Plaintiffs' Second Supplemental Brief in Support re 2 MOTION for Preliminary Injunction by Black Voters Matter Fund, Megan Gordon - modifying requested injunctive relief for June elections (Young, Sean) Modified on 4/20/2020 to edit event text (bnp). (Entered: 04/17/2020)

April 17, 2020 PACER
45

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Cynthia Robinson by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/17/2020)

April 17, 2020 PACER
46

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Preston Robinson by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/17/2020)

April 17, 2020 PACER
47

Consent MOTION for Leave to File Excess Pages by Brad Raffensperger. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Consent Motion To File Excess Pages)(Russo, Vincent) (Entered: 04/18/2020)

1 Text of Proposed Order Proposed Order Granting Consent Motion To File Excess Pag

View on PACER

April 18, 2020 PACER

Submission to District Judge

April 20, 2020 PACER

Submission of 47 Consent MOTION for Leave to File Excess Pages to District Judge Amy Totenberg. (bnp)

April 20, 2020 PACER
48

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Supplemental Declaration of Daniel Kirslis by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/20/2020)

April 20, 2020 RECAP

Order

April 20, 2020 PACER
49

ORDER granting 47 Consent Motion for Leave to File a Brief in Excess of 25 Pages. Signed by Judge Amy Totenberg on 4/20/2020. (bnp) (Entered: 04/20/2020)

April 20, 2020 PACER
50

RESPONSE re 2 MOTION for Preliminary Injunction filed by DeKalb County Board of Registration & Elections. (Attachments: # 1 Exhibit DEFENDANT DEKALB COUNTY BOARD OF REGISTRATION AND ELECTIONS RESPONSE TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION)(Momo, Shelley) Modified on 4/21/2020 to edit text(bnp). (Entered: 04/20/2020)

1 Exhibit DEFENDANT DEKALB COUNTY BOARD OF REGISTRATION AND ELECTIONS RESPONSE TO

View on PACER

April 20, 2020 PACER
51

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Exhibit A - Affidavit of Kevin Rayburn, # 2 Exhibit B - State Election Board Rule, # 3 Exhibit C - First Executive Order, # 4 Exhibit D - Second Executive Order, # 5 Exhibit E - OPB Declaration of Stephanie Beck, # 6 Exhibit F - 2016 Election Information, # 7 Exhibit G - Fair Fight Action, Inc. Decision, # 8 Exhibit H - LaRose Order)(Russo, Vincent) (Entered: 04/20/2020)

1 Exhibit A - Affidavit of Kevin Rayburn

View on PACER

2 Exhibit B - State Election Board Rule

View on PACER

3 Exhibit C - First Executive Order

View on PACER

4 Exhibit D - Second Executive Order

View on PACER

5 Exhibit E - OPB Declaration of Stephanie Beck

View on PACER

6 Exhibit F - 2016 Election Information

View on PACER

7 Exhibit G - Fair Fight Action, Inc. Decision

View on PACER

8 Exhibit H - LaRose Order

View on PACER

April 20, 2020 RECAP

ORDER, by docket entry only: In light of Plaintiffs' 44 Second Supplemental Brief and State Defendant's 51 Response, the Court concludes that it would be preferable to retain the original plan of holding a hearing on Plaintiff's 2 Motion for Preliminary Injunction on Friday at 10:30 am. Defendants have indicated that they can provide a list of potential witness by close of business today. Plaintiffs are directed to submit a list of potential witnesses by no later than Wednesday at noon. The Parties are further directed to exchange exhibits by Thursday at noon. By Judge Amy Totenberg on 4/20/20. (hfm)

April 20, 2020 PACER
52

TRANSCRIPT of Telephone Conference Proceedings held on 4/17/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2020. Redacted Transcript Deadline set for 5/22/2020. Release of Transcript Restriction set for 7/20/2020. (Attachments: # 1 Notice of Filing) (srw) (Entered: 04/21/2020)

1 Notice of Filing

View on PACER

April 21, 2020 PACER

Order

April 21, 2020 PACER

ORDER by docket entry only: Defendants are DIRECTED to file with the Court and deliver to chambers physical copies of (a) five different sample absentee ballots for DeKalb County (Democratic and Republican, each with and without prior early voting in the Presidential Preference Primary, and Independent); and (b) the two envelopes to be included in the package sent to a voter who has registered to vote by absentee ballot. Defendants shall file images of the above by no later than today, and shall deliver physical copies by hand delivery or express mail to chambers care of Harry Martin by no later than 1pm tomorrow. By Judge Amy Totenberg on 4/21/20. (hfm)

April 21, 2020 PACER
53

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Anna Wille by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/21/2020)

April 21, 2020 PACER

Approval of Application for Admission Pro Hac Vice

April 21, 2020 PACER

APPROVAL by Clerks Office re: 41 APPLICATION for Admission of Sophia Lin Lakin Pro Hac Vice.. Attorney Sophia Lin Lakin added appearing on behalf of Black Voters Matter Fund (cdg)

April 21, 2020 PACER

APPROVAL by Clerks Office re: 42 APPLICATION for Admission of Dale E. Ho Pro Hac Vice.. Attorney Dale E. Ho added appearing on behalf of Black Voters Matter Fund (cdg)

April 21, 2020 PACER
54

RESPONSE re Order,, Of Secretary Of State Brad Raffensperger filed by Brad Raffensperger. (Attachments: # 1 Exhibit 1 - Minute entry Order, # 2 Exhibit 2 - responsive ballots, # 3 Exhibit 3 - responsive ballot envelopes)(Belinfante, Joshua) (Entered: 04/21/2020)

1 Exhibit 1 - Minute entry Order

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2 Exhibit 2 - responsive ballots

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3 Exhibit 3 - responsive ballot envelopes

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April 21, 2020 RECAP
55

RESPONSE re Order,, Response to Order Dated April 21, 2020 Regarding Sample DeKalb County Absentee Ballots filed by DeKalb County Board of Registration & Elections. (Vander Els, Irene) (Entered: 04/21/2020)

April 21, 2020 RECAP
56

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Kattie Vinson Kendrick by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/22/2020)

April 22, 2020 PACER

Order on Application for Admission PHV

April 22, 2020 PACER

ORDER, by docket entry only, granting 41 and 42 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 4/22/20. 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.(hfm)

April 22, 2020 PACER
57

REPLY BRIEF re 2 MOTION for Preliminary Injunction filed by Black Voters Matter Fund, Megan Gordon. (Attachments: # 1 Exhibit L - Reingold Decl, # 2 Exhibit M - Voter Registration Form)(Young, Sean) (Entered: 04/22/2020)

1 Exhibit L - Reingold Decl

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2 Exhibit M - Voter Registration Form

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April 22, 2020 RECAP
58

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Genia Billingsley by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/22/2020)

April 22, 2020 PACER
59

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Shantrice Jones by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/22/2020)

April 22, 2020 PACER
60

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Jerald Luster by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/22/2020)

April 22, 2020 PACER
61

NOTICE Of Filing Sample DeKalb County Absentee Ballots by DeKalb County Board of Registration & Elections re Order,, (Attachments: # 1 Exhibit Exhibit A (sample ballots), # 2 Exhibit Exhibit B (sample envelopes), # 3 Exhibit Exhibit C (cover letter))(Vander Els, Irene) (Entered: 04/22/2020)

1 Exhibit Exhibit A (sample ballots)

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2 Exhibit Exhibit B (sample envelopes)

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3 Exhibit Exhibit C (cover letter)

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April 22, 2020 PACER
62

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Luanne Taylor by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/22/2020)

April 22, 2020 PACER

NOTICE OF VIDEO PROCEEDING re: 2 MOTION for Preliminary Injunction. Hearing set for 4/24/2020 at 10:30 AM before Judge Amy Totenberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1618393491, Meeting ID: 161 839 3491, Password: 637523, Dial by your location: +1 669 254 5252 US (San Jose), +1 646 828 7666 US (New York). You must follow the instructions of the Court for remote proceedings available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (hfm)

April 23, 2020 PACER

Notice of Video/Telephone Proceeding

April 23, 2020 PACER
63

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Jo Williams by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/23/2020)

April 23, 2020 PACER
64

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Wayman Stewart by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/23/2020)

April 23, 2020 PACER
65

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Richard Evans by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/23/2020)

April 23, 2020 PACER
66

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Rita Bacot by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/23/2020)

April 23, 2020 PACER
67

MOTION to Dismiss Plaintiffs' Complaint with Brief In Support by Brad Raffensperger. (Attachments: # 1 Brief Secretary of State Brad Raffensperger's Brief in Support of His Motion to Dismiss)(Belinfante, Joshua) (Entered: 04/23/2020)

1 Brief Secretary of State Brad Raffensperger's Brief in Support of His Motio

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April 23, 2020 PACER
68

AFFIDAVIT re 2 MOTION for Preliminary Injunction - Michael Rethinger by Black Voters Matter Fund, Megan Gordon. (Young, Sean) (Entered: 04/23/2020)

April 23, 2020 PACER

Order

April 24, 2020 PACER

ORDER, by docket text only: Plaintiffs shall file their Response to Defendant's 67 MOTION to Dismiss NO LATER THAN Friday, May 1, 2020. Defendant Raffensperger shall file his Reply NO LATER THAN Wednesday, May 6, 2020. Signed by Judge Amy Totenberg on 04/24/2020. (hpc)

April 24, 2020 PACER
69

Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 4/24/2020 re 2 MOTION for Preliminary Injunction. Opening statements. Plaintiff witness Cliff Albright sworn and testified. Defendant witness Kevin Rayburn sworn and testified. Defendant exhibits 1 through 7 admitted. Defendants are to provide redacted copies of exhibits. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Shannon Welch)(bnp) (Entered: 04/27/2020)

April 24, 2020 PACER
72

DUPLICATE ENTRY. FILED IN ERROR. Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 4/24/2020 re 2 MOTION for Preliminary Injunction. Opening statements. Plaintiff witness Cliff Albright sworn and testified. Defendant witness Kevin Rayburn sworn and testified. Defendant exhibits 1 through 7 admitted. Defendants are to provide redacted copies of exhibits. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Shannon Welch)(jpa) Modified on 4/27/2020 to add red text (bnp). (Entered: 04/27/2020)

April 24, 2020 PACER
70

DEFENDANT EXHIBITS 1-7 admitted and retained at the 69 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (bnp) (Additional attachment(s) added on 4/27/2020: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit Black Voters Matter Fund - 2018 990, # 9 Exhibit MARTA Transit Fares, # 10 Exhibit Savannah Transit Fares) (bnp). (Entered: 04/27/2020)

April 27, 2020 PACER
71

NOTICE TO COUNSEL OF RECORD for Defendant regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: 70 Defendant Exhibits 1-7. (bnp) (Entered: 04/27/2020)

April 27, 2020 PACER
73

REDACTED DEFENDANT EXHIBITS 1-7 admitted and retained at the 69 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks.(bnp) (Additional attachment(s) added on 4/29/2020: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (bnp). Modified on 4/29/2020 to attach corrected documents (bnp). (Entered: 04/27/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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April 27, 2020 PACER
74

NOTICE by Black Voters Matter Fund, Megan Gordon re 2 MOTION for Preliminary Injunction re: New Supplemental Authority (Attachments: # 1 Exhibit N - David Dreyer)(Young, Sean) (Entered: 04/27/2020)

1 Exhibit N - David Dreyer

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April 27, 2020 PACER
75

TRANSCRIPT of Hearing on Motion of Preliminary Injunction Proceedings held on 4/24/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020. (Attachments: # 1 Notice of Filing) (srw) (Entered: 04/28/2020)

1 Notice of Filing

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April 28, 2020 PACER
76

RESPONSE re 69 Motion Hearing, Response of Secretary of State to Court's Inquiry filed by Brad Raffensperger. (Belinfante, Joshua) (Entered: 04/28/2020)

April 28, 2020 PACER

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Black Voters Matter Fund and an individual voter on behalf of all Georgia voters and a subclass of all registered Georgia voters who satisfy one of the COVID-19 risk factors identified by the Center for Disease Control

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Secretary of State of Georgia, State

Dekalb County Board of Registration & Elections (De Kalb), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Requested

Voting:

Challenges to at-large/multimember district/election

Voter qualifications

Voter registration rules