Case: Georgia Association of Latino Elected Officials v. Gwinnett County Board of Registration and Elections

1:20-cv-01587 | U.S. District Court for the Northern District of Georgia

Filed Date: April 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether Georgia's mailing of English-only absentee ballots for the June 2020 primary violated the Voting Rights Act. On April 14, 2020, several non-profit voting rights organizations filed this lawsuit in the Northern District of Georgia. They sued the Georgia Secretary of State and members of the Gwinnett County Board of Registration and Elections (“BORE”) for declaratory and injunctive relief under Section 203 and Section 4(e) of the Voting Rights Act (“VRA”). Section 203…

This is a case about whether Georgia's mailing of English-only absentee ballots for the June 2020 primary violated the Voting Rights Act. On April 14, 2020, several non-profit voting rights organizations filed this lawsuit in the Northern District of Georgia. They sued the Georgia Secretary of State and members of the Gwinnett County Board of Registration and Elections (“BORE”) for declaratory and injunctive relief under Section 203 and Section 4(e) of the Voting Rights Act (“VRA”). Section 203 requires "covered political subdivision[s]" like Gwinnett County to provide its voting-related materials in Spanish given the its high percentage of Spanish speaking voters, and Section 4(e) forbids conditioning the right to vote for people educated in “American-flag schools” (like Puerto Rico) on their ability to read or speak English. Plaintiffs alleged the Secretary of State’s distribution of English-only absentee ballots in response to the COVID-19 pandemic and maintenance of its website in English violated those provisions. They requested a declaratory judgment finding these actions violated the VRA as well as a preliminary injunction requiring the defendants to mail a new bilingual absentee ballot and place one on their website. The case was assigned to Judge William M. Ray II.  

On April 17, 2020, the plaintiffs filed their first Amended Complaint. In it, they added two individual plaintiffs. Both were limited English proficient (“LEP”) Gwinnett County voters who had attended Spanish-speaking schools in Puerto Rico and received the English-only absentee ballot.

On April 20, 2020, plaintiffs filed a motion for a temporary restraining order requiring the mailing of a bilingual absentee ballot to Gwinnett County voters. On May 1, 2020, the BORE defendants filed a response arguing they did not have a duty to mail out bilingual ballots because the Secretary of State had sent the English-only ballots, not the county. The Secretary of State argued that Section 203 did not apply to him and Section 4(e) does not require bilingual ballots. On May 8, 2020, the Court denied the motion because it found the plaintiffs were unlikely to prevail on their claims.

On June 8, 2020, the plaintiffs filed their Second Amended Complaint. They acknowledged the BORE had sent the individual plaintiffs bilingual ballots for the June primary, so they changed their request for injunctive relief to include requiring bilingual absentee ballots be sent to Gwinnett County voters in the future.

The Secretary of State and BORE filed motions to dismiss on June 22, 2020. The BORE defendants argued the plaintiffs lacked standing and failed to state a claim. The Secretary of State made similar arguments, and added that the case was moot. The plaintiffs filed a response on July 20, 2020, and the defendants filed reply briefs on August 3, 2020. On August 18, 2020 the parties had a hearing on the motion to dismiss via Zoom. 

On September 11, 2020, the plaintiffs filed a Motion for Leave to File a Supplemental Complaint adding two new facts: Georgia’s launch of an English-only online absentee ballot portal and Gwinnett County’s decision against mailing absentee ballots to voters. 

On October 5, 2020, the Court granted defendants’ motions to dismiss. As a threshold matter, the Court found the plaintiffs lacked standing and the case was moot. For standing, the Court found the individual plaintiffs lacked an injury because there was not a “substantial likelihood” of future injury from not understanding an English-only ballot in the future. The organizational plaintiffs lacked an injury because they did not show they would have to “divert resources” to combat the effects of the English-only ballot, and they did not show their members had suffered an injury. Moreover, they could not show causation, that the injury was traceable to the defendants, because BORE did not send the ballots, and the Secretary of State does not organize county elections. In addition, the case was moot because the Secretary was unlikely to take the same action again – the reason for the absentee ballots was the pandemic and funding from the CARES Act - which were unlikely to occur again. Furthermore, the Court found that even if the plaintiffs had standing, their claims failed on the merits. For Section 203 of the VRA, the Court found that section did not apply to the Secretary, as he was not a “covered political subdivision,” and the BORE did not “provide” the absentee ballots, so they were not violating the section. For Section 4(e), the Secretary sending English-only absentee ballots was not “conditioning the right to vote” on being able to understand English because it was not an "English-only election" - other election materials were in Spanish. 

On December 4, 2020, the plaintiffs filed an appeal in the Eleventh Circuit. They filed their brief February 12, 2021 and the appellees filed their briefs March 15, 2021. Oral argument was held on September 24, 2021. The Eleventh Circuit has not yet issued an opinion, and the case is ongoing. 

Summary Authors

Kathryn Hurley (4/8/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17066868/parties/georgia-association-of-latino-elected-officials-inc-v-gwinnett-county/


Judge(s)

Ray, William McCrary II (Georgia)

Attorneys(s) for Plaintiff

Houk, Julie (District of Columbia)

Jacoutot, Bryan Francis (Georgia)

Powers, John (District of Columbia)

Rosenberg, Ezra D (District of Columbia)

Sells, Bryan L. (Georgia)

Tyson, Bryan P (Georgia)

Attorneys(s) for Defendant

LaRoss, Diane Festin (Georgia)

Paradise, Loree Anne (Georgia)

Skedsvold, Miles C. (Georgia)

Judge(s)

Ray, William McCrary II (Georgia)

Attorneys(s) for Plaintiff

Houk, Julie (District of Columbia)

Jacoutot, Bryan Francis (Georgia)

Powers, John (District of Columbia)

Rosenberg, Ezra D (District of Columbia)

Sells, Bryan L. (Georgia)

Tyson, Bryan P (Georgia)

Attorneys(s) for Defendant

LaRoss, Diane Festin (Georgia)

Paradise, Loree Anne (Georgia)

Skedsvold, Miles C. (Georgia)

Young, Elizabeth T. (Georgia)

Documents in the Clearinghouse

Document

1:20-cv-01587

Docket [PACER]

Nov. 2, 2020

Nov. 2, 2020

Docket
1

1:20-cv-01587

Complaint for Injunctive and Declaratory Relief

April 14, 2020

April 14, 2020

Complaint
13

1:20-cv-01587

First Amended Complaint for Injunctive and Declaratory Relief

April 17, 2020

April 17, 2020

Complaint
33

1:20-cv-01587

Order

May 8, 2020

May 8, 2020

Order/Opinion
36

1:20-cv-01587

Second Amended Complaint for Injunctive and Declaratory Relief

June 8, 2020

June 8, 2020

Complaint
58

1:20-cv-01587

Order

Oct. 5, 2020

Oct. 5, 2020

Order/Opinion

20-14540

Appellants' Brief

U. S. Court of Appeals for the Eleventh Circuit

2021 WL 597859

Feb. 12, 2021

Feb. 12, 2021

Pleading / Motion / Brief

20-14540

Brief of Gwinnett Defendants-Appellees

U. S. Court of Appeals for the Eleventh Circuit

2021 WL 1017423

March 15, 2021

March 15, 2021

Pleading / Motion / Brief

20-14540

Brief of Appellee Secretary of State

U. S. Court of Appeals for the Eleventh Circuit

2021 WL 1207727

March 29, 2021

March 29, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066868/georgia-association-of-latino-elected-officials-inc-v-gwinnett-county/

Last updated July 19, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Asian Americans Advancing Justice - Atlanta, Inc., New Georgia Project and Common Cause. (Filing fee $400, receipt number AGANDC-9588472) (Attachments: # 1 Civil Cover Sheet)(ah) 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: 04/14/2020)

1 Civil Cover Sheet

View on PACER

April 14, 2020

April 14, 2020

Clearinghouse

Submission to District Judge

April 14, 2020

April 14, 2020

PACER
2

Electronic Summons Issued as to Gwinnett County Board of Registration and Elections, John Mangano, Stephen Day, Ben Satterfield, Beauty Baldwin, Alice O'Lenick and Brad Raffensperger. (Attachments: # 1 Summons Mangano, # 2 Summons Day, # 3 Summons Satterfield, # 4 Summons Baldwin, # 5 Summons O'Lenick, # 6 Summons Raffensperger)(ah) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Submission of TRO 1 Complaint to District Judge William M. Ray II. (ah)

April 14, 2020

April 14, 2020

PACER
3

Standing Order Regarding Civil Litigation. Signed by Judge William M. Ray, II on 4/14/2020. (ah) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
4

ORDER: The Plaintiffs must immediately effectuate service of process of the 1 Complaint upon the Defendants. No corresponding motion has been filed for a temporary restraining order, and if the Plaintiffs wish for the Court to consider a temporary restraining order, Plaintiffs must comply with LR 7.1(A)(1). If such a motion is filed, Plaintiffs should give notice to the Defendants of the filing of its motion using the quickest possible means. The Clerk is directed to terminate the submission of a temporary restraining order on the docket, as there has not been a temporary restraining order filed. Signed by Judge William M. Ray, II on 4/14/2020. (ah) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
5

WAIVER OF SERVICE Returned Executed by Georgia Coalition for the People's Agenda, Inc., Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., New Georgia Project. Beauty Baldwin waiver mailed on 4/14/2020, answer due 6/15/2020; Stephen Day waiver mailed on 4/14/2020, answer due 6/15/2020; Gwinnett County Board of Registration and Elections waiver mailed on 4/14/2020, answer due 6/15/2020; John Mangano waiver mailed on 4/14/2020, answer due 6/15/2020; Alice O'Lenick waiver mailed on 4/14/2020, answer due 6/15/2020; Ben Satterfield waiver mailed on 4/14/2020, answer due 6/15/2020. (Attachments: # 1 Waiver of Service by John Mangano, # 2 Waiver of Service by Stephen Day, # 3 Waiver of Service by Ben Satterfield, # 4 Waiver of Service by Beauty Baldwin, # 5 Waiver of Service by Alice O'Lenick)(Sells, Bryan) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
6

APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9594387).by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., New Georgia Project. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
7

NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
8

APPLICATION for Admission of Julie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9594781).by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., New Georgia Project. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
9

NOTICE of Appearance by Loree Anne Paradise on behalf of Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield (Paradise, Loree Anne) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
10

NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield (Jacoutot, Bryan) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
11

WAIVER OF SERVICE Returned Executed by Georgia Coalition for the People's Agenda, Inc., Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., New Georgia Project. Brad Raffensperger waiver mailed on 4/14/2020, answer due 6/15/2020. (Sells, Bryan) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
12

NOTICE of Appearance by Diane Festin LaRoss on behalf of Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield (LaRoss, Diane) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9594387).. Attorney John Michael Powers added appearing on behalf of Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., New Georgia Project (cdg)

April 17, 2020

April 17, 2020

PACER

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of Julie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9594781).. Attorney Julie Marie Houk added appearing on behalf of Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., New Georgia Project (cdg)

April 17, 2020

April 17, 2020

PACER

Approval of Application for Admission Pro Hac Vice

April 17, 2020

April 17, 2020

PACER
13

First AMENDED COMPLAINT against All Defendants filed by Georgia Coalition for the People's Agenda, Inc., Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., New Georgia Project, Albert Mendez, Limary Ruiz Torres.(Sells, Bryan) 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: 04/17/2020)

April 17, 2020

April 17, 2020

Clearinghouse
14

ORDER granting 6 Petitioner John Power's Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 4/17/2020. 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.(ah) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
15

ORDER granting 8 Petitioner Julie Marie Houk's Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 4/17/2020. 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.(ah) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
16

Unopposed MOTION for Leave to File Excess Pages by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Submission of 13 Amended Complaint to District Judge William M. Ray II. (ah)

April 20, 2020

April 20, 2020

PACER

Submission to District Judge

April 20, 2020

April 20, 2020

PACER
17

Emergency MOTION for Temporary Restraining Order, Emergency MOTION for Preliminary Injunction with Brief In Support by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Brief, # 2 Exhibit A -Powers declaration, # 3 Exhibit B - Gonzalez declaration, # 4 Exhibit C - Butler declaration, # 5 Exhibit D - Cho declaration, # 6 Exhibit E - Ufot declaration, # 7 Exhibit F - Romero declaracin, # 8 Exhibit G - Moreno declaracin, # 9 Exhibit H - H. Alvarez declaracin, # 10 Exhibit I - Granados declaration, # 11 Exhibit J - D. Alvarez declaration, # 12 Exhibit K - Battles declaration, # 13 Exhibit L - Ruiz Torres declaracin, # 14 Exhibit M - Mendez declaracin, # 15 Exhibit N - Vargas declaration, # 16 Exhibit O- Enos declaration, # 17 Exhibit P - Viruet declaration, # 18 Text of Proposed Order)(Sells, Bryan) (Entered: 04/20/2020)

1 Brief

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2 Exhibit A -Powers declaration

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3 Exhibit B - Gonzalez declaration

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4 Exhibit C - Butler declaration

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5 Exhibit D - Cho declaration

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6 Exhibit E - Ufot declaration

View on PACER

7 Exhibit F - Romero declaracin

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8 Exhibit G - Moreno declaracin

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9 Exhibit H - H. Alvarez declaracin

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10 Exhibit I - Granados declaration

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11 Exhibit J - D. Alvarez declaration

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12 Exhibit K - Battles declaration

View on PACER

13 Exhibit L - Ruiz Torres declaracin

View on RECAP

14 Exhibit M - Mendez declaracin

View on RECAP

15 Exhibit N - Vargas declaration

View on PACER

16 Exhibit O- Enos declaration

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17 Exhibit P - Viruet declaration

View on PACER

18 Text of Proposed Order

View on RECAP

April 20, 2020

April 20, 2020

PACER
18

ORDER granting 16 Motion for Leave to File Excess Pages. The plaintiffs may file a brief in support of their forthcoming motion for a preliminary injunction that exceeds the page limits by up to five pages. Any response briefs by the defendants may also exceed the page limits by up to five pages without the need for a further motion. Signed by Judge William M. Ray, II on 4/21/2020. (ah) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

Submission to District Judge

April 21, 2020

April 21, 2020

PACER

Submission of 17 Emergency MOTION for Temporary Restraining Order and Emergency MOTION for Preliminary Injunction, to District Judge William M. Ray II. (ah)

April 21, 2020

April 21, 2020

PACER
19

NOTICE of Appearance by Elizabeth T. Young on behalf of Brad Raffensperger (Young, Elizabeth) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
20

NOTICE of Appearance by Miles Christian Skedsvold on behalf of Brad Raffensperger (Skedsvold, Miles) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
21

Consent MOTION for Extension of Time to Respond re: 17 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction by Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Text of Proposed Order)(Tyson, Bryan) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
22

ORDER granting 21 Motion for Extension of Time. Defendants time to file their response to the Plaintiffs Emergency Motion is extended through and including May 1, 2020. Signed by Judge William M. Ray, II on 4/23/2020. (ah) (Entered: 04/24/2020)

April 23, 2020

April 23, 2020

PACER
23

APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9640093).by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

APPROVAL by Clerks Office re: 23 APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9640093). Attorney Ezra David Rosenberg added appearing on behalf of Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres (cdg)

May 1, 2020

May 1, 2020

PACER

Approval of Application for Admission Pro Hac Vice

May 1, 2020

May 1, 2020

PACER
24

RESPONSE in Opposition re 17 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Dec. of Bryan Tyson, # 2 Exhibit B - Dec. of Lynn Ledford, # 3 Text of Proposed Order)(Tyson, Bryan) (Entered: 05/01/2020)

2

View on RECAP

May 1, 2020

May 1, 2020

PACER
25

ORDER granting 23 Petitioner Ezra Rosenberg's Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 5/1/2020. 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.(ah) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
26

RESPONSE re 17 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Exhibit A - Declaration of Chris Harvey)(Young, Elizabeth) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
27

Unopposed MOTION for Leave to File Excess Pages by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

PACER
28

ORDER granting 27 Motion for Leave to File Excess Pages. The plaintiffs may file a single reply brief in support of their motion for a temporary restraining order and preliminary injunction that exceeds the page limits by up to five pages. Signed by Judge William M. Ray, II on 5/4/2020. (ah) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
29

SECOND 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 04/30/2020. (dgs) (ADI) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
30

REPLY BRIEF re 17 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Exhibit 1: McDonald decl., # 2 Exhibit 2: Butler supp. decl., # 3 Exhibit 3: Romero supp. decl., # 4 Exhibit 4: Alvarez supp. decl., # 5 Exhibit 5: Powers supp. decl.)(Sells, Bryan) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Submission to District Judge

May 5, 2020

May 5, 2020

PACER

Submission of 17 Emergency MOTION for Temporary Restraining Order and Emergency MOTION for Preliminary Injunction to District Judge William M. Ray II. (ah)

May 5, 2020

May 5, 2020

PACER
31

MOTION to Strike 30 Reply Brief,, Declarations, MOTION for Leave to File Sur-Reply Brief with Brief In Support by Brad Raffensperger. (Young, Elizabeth) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
32

RESPONSE re 31 MOTION to Strike 30 Reply Brief,, Declarations MOTION for Leave to File Sur-Reply Brief filed by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Sells, Bryan) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
33

ORDER denying 17 Motion for TRO and Motion for Preliminary Injunction. The Court finds that Plaintiffs are not likely to succeed on the merits of their claims, and, therefore, are not entitled to a temporary restraining order or a preliminary injunction. Signed by Judge William M. Ray, II on 5/8/2020. (ah) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

Clearinghouse

Submission to District Judge

May 26, 2020

May 26, 2020

PACER

Submission of 31 MOTION to Strike 30 Reply Brief, Declarations and MOTION for Leave to File Sur-Reply Brief to District Judge William M. Ray II. (ah)

May 26, 2020

May 26, 2020

PACER
34

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
35

MOTION to Amend 13 Amended Complaint,, with Brief In Support by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Exhibit A - proposed second amended complaint, # 2 Exhibit B - redline showing changes from first to second amended complaint, # 3 Text of Proposed Order)(Sells, Bryan) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
36

Second AMENDED COMPLAINT against Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Brad Raffensperger, Ben Satterfield filed by Georgia Coalition for the People's Agenda, Inc., Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres.(Powers, John) 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: 06/08/2020)

June 8, 2020

June 8, 2020

Clearinghouse
37

Withdrawal of Motion 35 MOTION to Amend 13 Amended Complaint,, filed by New Georgia Project, Albert Mendez, Georgia Coalition for the People's Agenda, Inc., Limary Ruiz Torres, Common Cause, Asian Americans Advancing Justice - Atlanta, Inc., Georgia Association of Latino Elected Officials, Inc. filed by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Powers, John) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
38

MOTION to Dismiss Plaintiffs' Second Amended Complaint with Brief In Support by Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Brief in Support of Motion to Dismiss)(Tyson, Bryan) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
39

MOTION to Dismiss 2nd Amended Complaint for Lack of Standing, with Brief In Support by Brad Raffensperger. (Attachments: # 1 Brief)(Young, Elizabeth) Modified to edit text on 6/23/2020 (ah). (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
40

FOURTH 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 07/01/2020. (ddm) (ADI) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
41

Unopposed MOTION for Leave to File Excess Pages, Unopposed MOTION for Extension of Time to respond to the defendants' motions to dismiss re: 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
42

ORDER - Upon consideration of the plaintiffs' unopposed motion for leave to file excess pages and for an extension (Doc 41 ), and for good cause shown, it is hereby ORDERED that the motion is granted. The plaintiffs may file a single brief of up to 30 pages in response to the defendants' motions to dismiss, and the plaintiffs may have an additional two weeks within which to file their brief. Signed by Judge William M. Ray, II on 7/2/2020. (tcc) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
43

FIFTH AMENDMENT TO 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 7/10/2020 (ddm) (ADI) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
44

RESPONSE in Opposition re 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Sells, Bryan) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
45

MOTION for Oral Argument re 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Sells, Bryan) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
46

REPLY to Response to Motion re 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
47

REPLY to Response to Motion re 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brad Raffensperger. (Young, Elizabeth) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
48

SIXTH AMENDMENT TO 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 08/03/2020. (jpa) (ADI) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

Submission to District Judge

Aug. 4, 2020

Aug. 4, 2020

PACER

Submission of 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint and 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing,to District Judge William M. Ray II. (ah)

Aug. 4, 2020

Aug. 4, 2020

PACER
49

ORDER: Notice is hereby given that the Court sets a hearing to be conducted via ZOOM VIDEO on the Motions to Dismiss 38 and 39 in this case for Tuesday, August 18, 2020 at 9:30 a.m. before the Honorable William M. Ray, II. As the Court has scheduled the Motions to Dismiss for a hearing, the Motion For Oral Argument [Doc 45] is terminated as moot. Signed by Judge William M. Ray, II on 8/7/2020. (ah) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Notice (Other)

Aug. 7, 2020

Aug. 7, 2020

PACER

ZOOM INSTRUCTIONS re 49 Order Setting Hearing on Motions: Link: https://ganduscourts.zoomgov.com/j/1605619809 Meeting ID: 160 561 9809 Passcode: 1705 Phone audio option: +1 646 828 7666 (jkl)

Aug. 7, 2020

Aug. 7, 2020

PACER
50

PROPOSED ORDER denying the defendants' motions to dismiss re: 39 MOTION to Dismiss 2nd Amended Complaint for Lack of Standing MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 38 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 49 Order Setting Hearing on Motion,, Terminate Motions,. (Sells, Bryan) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
51

Minute Entry for proceedings held before Judge William M. Ray, II: The court conducted oral argument via zoom re the pending 38 and 39 motions to dismiss. The motions were taken under advisement. Written order to follow. Hearing concluded. (Court Reporter Wynette Blathers)(ah) (Entered: 08/19/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
52

SEVENTH AMENDMENT TO 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 9/1/2020. (aaq) (ADI) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
53

MOTION for Leave to File First Supplemental Complaint by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed First Supplemental Complaint)(Powers, John) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
54

TRANSCRIPT of Motion Hearing held on August 18, 2020, before Judge William M. Ray II. Court Reporter, Wynette C. Blathers. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2020. Redacted Transcript Deadline set for 10/14/2020. Release of Transcript Restriction set for 12/14/2020. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 09/13/2020)

Sept. 13, 2020

Sept. 13, 2020

PACER
55

RESPONSE in Opposition re 53 MOTION for Leave to File First Supplemental Complaint filed by Beauty Baldwin, Stephen Day, Gwinnett County Board of Registration and Elections, John Mangano, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
56

RESPONSE in Opposition re 53 MOTION for Leave to File First Supplemental Complaint filed by Brad Raffensperger. (Young, Elizabeth) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
57

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (aaq) (ADI) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
58

ORDER: Because Plaintiffs lack standing, have alleged claims that are no longer live, and have failed to state claims upon which relief could be granted, Defendants Motions to Dismiss 38 and 39 are GRANTED. Signed by Judge William M. Ray, II on 10/5/20. (ah) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

Clearinghouse
59

CLERK'S JUDGMENT (ah)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

Civil Case Terminated. (ah)

Oct. 5, 2020

Oct. 5, 2020

PACER
60

Unopposed MOTION for Extension of Time to Appeal by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
61

ORDER granting 60 Motion for Extension of Time. The plaintiffs shall have an additional 30 days within which to file their notice of appeal. Signed by Judge William M. Ray, II on 11/2/2020. (ah) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
62

NOTICE OF APPEAL as to 59 Clerk's Judgment, 58 Order on Motion to Dismiss,,,, Order on Motion to Dismiss for Failure to State a Claim, by Asian Americans Advancing Justice - Atlanta, Inc., Common Cause, Georgia Association of Latino Elected Officials, Inc., Georgia Coalition for the People's Agenda, Inc., Albert Mendez, New Georgia Project, Limary Ruiz Torres. Filing fee $ 505, receipt number AGANDC-10448850. Transcript Order Form due on 12/18/2020 (Powers, John) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP
63

NOTICE Of Filing NOA Transmittal Letter re: 62 Notice of Appeal. (pjm) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
64

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: 62 Notice of Appeal. (pjm) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
65

USCA Acknowledgment of 62 Notice of Appeal, filed by New Georgia Project, Albert Mendez, Georgia Coalition for the People's Agenda, Inc., Limary Ruiz Torres, Common Cause, Asian Americans Advancing Justice - Atlanta, Inc., and Georgia Association of Latino Elected Officials, Inc. Case Appealed to USCA- 11th Circuit. Case Number 20-14540-C. (pjm) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
66

TRANSCRIPT ORDER FORM (All necessary transcript(s) on file) re: 62 Notice of Appeal. (Sells, Bryan) Modified on 12/23/2020 to update text (pjm). (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 62 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-14540-CC. The entire record on appeal is available electronically. (pjm)

Dec. 23, 2020

Dec. 23, 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

Key Dates

Filing Date: April 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several non-profit voting rights organizations and two limited English proficient Spanish-speaking voters

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Secretary of State, State

Case Details

Causes of Action:

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Language:

Spanish

Voting:

Election administration