WOOD V. RAFFENSPERGER | Civil Rights Litigation Clearinghouse

Case: Wood v. Raffensperger

1:20-cv-04651 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 13, 2020

Closed Date: Feb. 24, 2021

Clearinghouse coding complete

Case Summary

This is a case about an alleged mishandling of absentee ballots in Georgia during the November 3, 2020 general election. On November 13, 2020, a private individual filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued the Secretary of State of Georgia and members of the State Election Board under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought declaratory and injunctive relief. Specifically, the plaintiff sought de…

This is a case about an alleged mishandling of absentee ballots in Georgia during the November 3, 2020 general election.

On November 13, 2020, a private individual filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued the Secretary of State of Georgia and members of the State Election Board under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought declaratory and injunctive relief. Specifically, the plaintiff sought declaratory and injunctive relief prohibiting the defendants from certifying the results of the 2020 general election. The case was assigned to Judge Steven D. Grimberg.

The plaintiff claimed that his right to vote was infringed upon when the state's policies for absentee ballots were changed through a settlement reached in other litigation. The plaintiff alleged that a single political party had been able to implement their own absentee ballot policies in the state and that this infringement on the right to vote violated both the First Amendment and the equal protection clause of the Fourteenth Amendment.

The plaintiff next claimed that the defendants had violated the Electors and Election Clause (U.S. Const. Art. I, § 4, cl. 1 & Art. II, § 1, cl. 2), alleging that the Georgia legislature—not the Secretary of State, nor the State Election Board—had the authority to set the time, place, and manner of elections. The complaint noted that the process for handling absentee ballots was set by the Georgia General Assembly and laid out the procedures for both accepting and counting absentee ballots. But on March 6, 2020, the Secretary of State and the State Election Board entered into a settlement agreement in Democratic Party of Georgia, Inc., et al. v. Raffensperger, et al., under the terms of which the defendants agreed to abide by different standards in the processing of absentee ballots. The plaintiff alleged that, under the settlement, the defendants agreed to change the statutorily-prescribed manner of handling absentee ballots in a way that was not consistent with the election laws promulgated by the Georgia legislature. The plaintiff asserted that Secretary Raffensperger did not have the authority to enter into the litigation settlement changing the absentee ballot procedures and that by doing so, and thereby implementing policies regarding absentee ballots that were contrary to Georgia Election Code, the defendants had violated the Electors and Election Clause.

On November 16, 2020, the plaintiff filed an amended complaint alleging more facts regarding the general election recount for both state senate races and the presidential election that took place on November 15, 2020. The amended complaint included testimony gathered from two monitors sent to observe the recount on behalf of the Republican Party, who both alleged that they were unable to monitor the recount. One monitor claimed that she was told to arrive between 8:00 am and 9:00 am, but that when she arrived at 9:00 am the recount had finished. The other monitor alleged that there had been no meaningful way to audit the activity to see if counting was accurate or proper. The plaintiff also added a due process claim, asserting that the defendants had denied the Trump campaign access to observe and monitor the electoral process when the monitors from the Republican Party were not able to properly observe the hand recount.

On November 17, 2020, the plaintiff filed an emergency motion seeking a temporary restraining order prohibiting the certification of Georgia's results from the November 3, 2020 general election and a declaration that monitors designated by the Republic Party had the right to monitor all election activity, including verification and tabulation of absentee ballots. The plaintiff argued that unless the injunction was granted there would be no remedy, because Georgia's electoral votes for president would not be awarded to the correct candidate.

The Democratic Party of Georgia, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee moved to intervene as defendants on November 18, 2020. The putative intervenors, who were parties to the earlier lawsuit and signatories to the settlement agreement that the plaintiff had taken issue with, asserted that the settlement agreement had not actually changed any Georgia Election Law and had rather clarified certain procedures regarding absentee ballots. The intervenors also sought to protect their interests in ensuring that their party members were not disenfranchised in the process of this litigation.

The Georgia NAACP, Georgia Coalition for the People's Agenda, and several private individuals also filed a motion to intervene on the same day. These intervenors argued that they were the only party that would represent the interests of all individual voters. The private individuals were voters whose votes would be thrown out if the plaintiff's requested relief were granted. The organizational intervenors asserted that they had an interest in ensuring that legally cast ballots were not thrown out as they had invested significant time and resources into activities that ensured that eligible voters in Georgia were able to cast their ballots.

On November 20, 2020, following oral argument on the matter, the court denied the plaintiff's emergency motion for a temporary restraining order, concluding that the plaintiff did not have standing in the case because he had not shown an injury in fact. While the plaintiff alleged that he had standing because of his status as a Georgia voter and prior donor to the Republican Party, the court disagreed.

The court summarily dismissed the plaintiff's claim under the Election and Electors Clause, concluding that the plaintiff did not have standing because a generalized grievance regarding a state government's failure to abide by the Elections Clause does not confer standing on private citizens. The court held that the plaintiff also lacked standing to bring his equal protection claim because he had similarly asserted a generalized grievance that applied to all Georgia citizens. According to the plaintiff's argument, his vote was diluted because of the alleged mishandling of absentee ballots. If taken as true, the court reasoned that the claim would apply to all Georgia voters, meaning that every voter was affected in the same way. The court further held that the plaintiff lacked standing to bring a due process claim because he himself did not act as a monitor of the recount or designate monitors on behalf of the Republican Party and therefore he was not denied a meaningful opportunity to observe the recount. Instead, the plaintiff raised a generalized grievance that the defendants failed to conduct the audit fairly.

Next, the court noted that, even if the plaintiff had standing to bring his claims, "such claims would nonetheless be barred by the doctrine of laches," which bars claims where a plaintiff has failed to assert their rights in a timely manner. The court explained that the plaintiff could and should have filed his suit much sooner, specifically before the general election, and that the defendants, intervenors, and general public would all be significantly injured if the court granted the plaintiff's requested relief, which would call into question the validity of over one million absentee ballots already cast in the general election. Finally, the court noted that the plaintiff had failed to show a substantial likelihood of success on the merits. 501 F. Supp. 3d 1310.

On November 23, 2020, the defendants moved to dismiss the action, arguing that the court's ruling that the plaintiff lacked standing meant the suit should be dismissed for lack of subject matter jurisdiction.

On the same day, the plaintiff filed an emergency motion to certify for interlocutory appeal the court's order denying the temporary restraining order. On November 24, 2020, the plaintiff appealed the decision to the Eleventh Circuit.

On December 5, 2020, the Court of Appeals for the Eleventh Circuit affirmed the decision of the lower court. The appellate court agreed that the plaintiff lacked standing because he failed to allege a particularized injury and further found that the plaintiff's requests for emergency relief were moot because Georgia had already certified the results of the November 2020 general election. Noting that federal courts are courts of limited jurisdiction, the Eleventh Circuit explained that they "may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts." 981 F.3d 1307.

The plaintiff petitioned for a writ of certiorari to the U.S. Supreme Court on December 8, 2020. That petition was denied on February 22, 2021.

This case is closed.

show full summary

Summary Authors

Rhea Sharma (11/19/2022)

Documents in the Clearinghouse

	Document
1 1:20-cv-04651	Verified Complaint for Declaratory and Injunctive Relief	Nov. 13, 2020	Nov. 13, 2020 Complaint
5 1:20-cv-04651	Verified Amended Complaint for Declaratory and Injunctive Relief	Nov. 16, 2020	Nov. 16, 2020 Complaint
54 1:20-cv-04651	Opinion and Order	Nov. 20, 2020	Nov. 20, 2020 Order/Opinion
73 1:20-cv-04651 20-14418	USCA Opinion U. S. Court of Appeals for the Eleventh Circuit	Dec. 7, 2020	Dec. 7, 2020 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18632787/wood-v-raffensperger/

Last updated Jan. 19, 2023, 3:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by L. Lin Wood, Jr.. (Filing fee $400.00, receipt number BGANDC-10373555) (Attachments: # 1 Exhibit -A -Litigation Settlement, # 2 Verification regarding Election, # 3 Civil Cover Sheet)(eop) 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: 11/13/2020) 1 Exhibit -A -Litigation Settlement View on RECAP 2 Verification regarding Election View on PACER 3 Civil Cover Sheet View on PACER	Nov. 13, 2020	Nov. 13, 2020 Clearinghouse
2	EIGHTH 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 9/28/20. (eop) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 RECAP
3	Certificate of Interested Persons by L. Lin Wood, Jr. (Smith, Ray) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 RECAP
4	STANDING ORDER Regarding Civil Litigation. Signed by Judge Steven D. Grimberg on November 16, 2020. (ash) (Entered: 11/16/2020)	Nov. 16, 2020	Nov. 16, 2020 RECAP
5	AMENDED COMPLAINT against All Defendants filed by L. Lin Wood, Jr. (Attachments: # 1 Exhibit Exhibit A to Amended Complaint: Litigation Settlement, # 2 Exhibit Exhibit B to Amended Complaint: Coleman Affidavit, # 3 Exhibit Exhibit C to Amended Complaint: Deidrich Affidavit, # 4 Affidavit Amended Complaint Verification)(Smith, Ray) 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: 11/16/2020) 1 Exhibit Exhibit A to Amended Complaint: Litigation Settlement View on RECAP 2 Exhibit Exhibit B to Amended Complaint: Coleman Affidavit View on RECAP 3 Exhibit Exhibit C to Amended Complaint: Deidrich Affidavit View on RECAP 4 Affidavit Amended Complaint Verification View on RECAP	Nov. 16, 2020	Nov. 16, 2020 Clearinghouse
6	Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by L. Lin Wood, Jr. (Attachments: # 1 Exhibit A Litigation Settlement, # 2 Exhibit B Coleman Affidavit, # 3 Exhibit C Deitrich Affidavit, # 4 Exhibit D Volyes Affidavit, # 5 Exhibit E Zeher Affidavit, # 6 Exhibit F Romero Affidavit, # 7 Exhibit G Reyes Affidavit, # 8 Exhibit H Johnston Affidavit, # 9 Exhibit I Silva Affidavit, # 10 Exhibit J O'Neal Affidavit, # 11 Exhibit K Fisher Affidavit, # 12 Exhibit L Savage Affidavit, # 13 Exhibit M Peterford Affidavit, # 14 Exhibit N Redacted Declaration, # 15 Exhibit O Makridis Declaration, # 16 Exhibit P Failure Study, # 17 Exhibit R Moore Affidavit, # 18 Exhibit S S. Hall Affidavit, # 19 Exhibit T R Hall Affidavit, # 20 Exhibit U Hartman Affidavit)(Smith, Ray) (Entered: 11/17/2020) 1 Exhibit A Litigation Settlement View on RECAP 2 Exhibit B Coleman Affidavit View on RECAP 3 Exhibit C Deitrich Affidavit View on RECAP 4 Exhibit D Volyes Affidavit View on RECAP 5 Exhibit E Zeher Affidavit View on RECAP 6 Exhibit F Romero Affidavit View on RECAP 7 Exhibit G Reyes Affidavit View on RECAP 8 Exhibit H Johnston Affidavit View on RECAP 9 Exhibit I Silva Affidavit View on RECAP 10 Exhibit J O'Neal Affidavit View on RECAP 11 Exhibit K Fisher Affidavit View on RECAP 12 Exhibit L Savage Affidavit View on RECAP 13 Exhibit M Peterford Affidavit View on RECAP 14 Exhibit N Redacted Declaration View on RECAP 15 Exhibit O Makridis Declaration View on RECAP 16 Exhibit P Failure Study View on RECAP 17 Exhibit R Moore Affidavit View on RECAP 18 Exhibit S S. Hall Affidavit View on RECAP 19 Exhibit T R Hall Affidavit View on RECAP 20 Exhibit U Hartman Affidavit View on RECAP	Nov. 17, 2020	Nov. 17, 2020 RECAP
7	Supplemental MOTION for Temporary Restraining Order to File Exhibit Q to Motion, Ramsland Affidavit by L. Lin Wood, Jr. (Attachments: # 1 Exhibit Q Ramsland Affidavit)(Smith, Ray) (Entered: 11/18/2020) 1 Exhibit Q Ramsland Affidavit View on RECAP	Nov. 18, 2020	Nov. 18, 2020 RECAP
8	MOTION to Intervene as Defendants with Brief In Support by Democratic Party of Georgia, Inc., DSCC, DCCC. (Attachments: # 1 Exhibit A: Proposed Intervenors' Proposed Motion to Dismiss, # 2 Exhibit B: Proposed Intervenors' Brief in Support of Proposed Motion to Dismiss, # 3 Exhibit C: Proposed Intervenors' Proposed Answer to Amended Complaint)(Sparks, Adam) (Entered: 11/18/2020) 1 Exhibit A: Proposed Intervenors' Proposed Motion to Dismiss View on RECAP 2 Exhibit B: Proposed Intervenors' Brief in Support of Proposed Motion to Di View on RECAP 3 Exhibit C: Proposed Intervenors' Proposed Answer to Amended Complaint View on RECAP	Nov. 18, 2020	Nov. 18, 2020 RECAP
9	APPLICATION for Admission of Marc Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388354).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
10	APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388395).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
11	APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388415).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
12	APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388436).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
13	APPLICATION for Admission of Alexi M. Velez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388444).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
14	APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388463).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
15	APPLICATION for Admission of Emily Brailey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388481).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
16	APPLICATION for Admission of Gillian Kuhlmann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388493).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
17	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: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
18	NOTICE of Appearance by Russell D. Willard on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Willard, Russell) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
19	Certificate of Interested Persons by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
20	Amended MOTION to Supplement 7 Supplemental MOTION for Temporary Restraining Order to File Exhibit Q to Motion, Ramsland Affidavit by L. Lin Wood, Jr. (Attachments: # 1 Exhibit Q Ramsland Affidavit)(Smith, Ray) (Entered: 11/18/2020) 1 Exhibit Q Ramsland Affidavit View on RECAP	Nov. 18, 2020	Nov. 18, 2020 PACER
21	NOTICE OF VIDEO PROCEEDING re: 6 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. Motion Hearing set for 11/19/2020 at 03:00 PM in No Courtroom before Judge Steven D. Grimberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1609807754; Meeting ID: 160 980 7754; Passcode: 841353. You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ash) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 RECAP
22	MOTION to Intervene by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Helen Butler, James Woodall, Melvin Ivey. (Attachments: # 1 Exhibit 1 - Woodall declaration, # 2 Exhibit 2 - Ivey declaration, # 3 Exhibit 3 - Powers declaration)(Sells, Bryan) (Entered: 11/18/2020) 1 Exhibit 1 - Woodall declaration View on PACER 2 Exhibit 2 - Ivey declaration View on PACER 3 Exhibit 3 - Powers declaration View on PACER	Nov. 18, 2020	Nov. 18, 2020 RECAP
23	APPLICATION for Admission of Jon Greenbaum Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10390836).by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
24	APPLICATION for Admission of Julie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391209).by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
25	APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391214).by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
26	CERTIFICATE of Compliance with Court's Standing Order (Smith, Ray) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
27	APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391419).by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
28	MOTION to Supplement 22 MOTION to Intervene with updated Butler declaration by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Attachments: # 1 Exhibit 1 - Butler declaration)(Sells, Bryan) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
29	CERTIFICATE of Compliance with the Court's Standing Order Regarding Civil Litigation (Sells, Bryan) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
30	NOTICE Of Filing Attorney Declaration by L. Lin Wood, Jr (Attachments: # 1 Exhibit Attorney Declarations)(Smith, Ray) (Entered: 11/19/2020) 1 Exhibit Attorney Declarations View on RECAP	Nov. 19, 2020	Nov. 19, 2020 RECAP
31	RESPONSE in Opposition re 6 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED Proposed Intervenor-Defendant Political Party Committees' Response in Opposition to Plaintiff's Emergency Motion for Injunctive Relief filed by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 RECAP
32	APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice.by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
33	AFFIDAVIT re 31 Response in Opposition to Motion, Attorney Declaration of Amanda R. Callais by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Attachments: # 1 Ex. 1 - SOS Notice 2020.11.09, # 2 Ex. 2 - The Hill 2020.11.11, # 3 Ex. 3 - SOS Press release 2020.11.13, # 4 Ex. 4 - OEB 2020.11.12, # 5 Ex. 5 - OEB 2020.05.01, # 6 Ex. 6 - SOS Press Release 2020.11.18, # 7 Ex. 7 - SEB Notice 2020.03.05, # 8 Ex. 8 - Official Election Results 2020.11.18, # 9 Ex. 9 - SOS Facebook Post 2020.11.15, # 10 Ex. 10 - Reuters 2020.11.11, # 11 Ex. 11 - Washington Post 2020.11.16, # 12 Ex. 12 - CBS News 2020.11.13, # 13 Ex. 13 - AJC 2020.10.19, # 14 Ex. 14 - AJC 2020.11.15, # 15 Ex. 15 - OEB 2020.11.13, # 16 Ex. 16 - Rodden Expert Report 2020.11.18)(Sparks, Adam) (Entered: 11/19/2020) 1 Ex. 1 - SOS Notice 2020.11.09 View on PACER 2 Ex. 2 - The Hill 2020.11.11 View on PACER 3 Ex. 3 - SOS Press release 2020.11.13 View on PACER 4 Ex. 4 - OEB 2020.11.12 View on PACER 5 Ex. 5 - OEB 2020.05.01 View on PACER 6 Ex. 6 - SOS Press Release 2020.11.18 View on PACER 7 Ex. 7 - SEB Notice 2020.03.05 View on PACER 8 Ex. 8 - Official Election Results 2020.11.18 View on PACER 9 Ex. 9 - SOS Facebook Post 2020.11.15 View on PACER 10 Ex. 10 - Reuters 2020.11.11 View on PACER 11 Ex. 11 - Washington Post 2020.11.16 View on PACER 12 Ex. 12 - CBS News 2020.11.13 View on PACER 13 Ex. 13 - AJC 2020.10.19 View on PACER 14 Ex. 14 - AJC 2020.11.15 View on PACER 15 Ex. 15 - OEB 2020.11.13 View on PACER 16 Ex. 16 - Rodden Expert Report 2020.11.18 View on RECAP	Nov. 19, 2020	Nov. 19, 2020 RECAP
34	RESPONSE in Opposition re 6 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Affidavit of Chris Harvey)(McGowan, Charlene) (Entered: 11/19/2020) 1 Affidavit of Chris Harvey View on RECAP	Nov. 19, 2020	Nov. 19, 2020 RECAP
35	NOTICE Of Filing by L. Lin Wood, Jr re 6 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED (Attachments: # 1 Exhibit to TRO Motion Thorne Affidavit)(Smith, Ray) (Entered: 11/19/2020) 1 Exhibit to TRO Motion Thorne Affidavit View on RECAP	Nov. 19, 2020	Nov. 19, 2020 RECAP
36	NOTICE Of Filing 2020.11.19 PPC Notice of Intent to Rely on Exhibits and Affidavits by DCCC, DSCC, Democratic Party of Georgia, Inc. re 21 Notice of Video/Telephone Proceeding,,, (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
37	CERTIFICATE of Compliance with Court's Standing Order (Powers, John) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
38	NOTICE Of Filing by Democratic Party of Georgia, Inc. re 31 Response in Opposition to Motion, Affidavits In Support Of 31 (Attachments: # 1 Affidavit 1: Shameika Vailes, # 2 Affidavit 2: Angela Thomas, # 3 Affidavit 3: Kimberly Brandon, # 4 Affidavit 4: Doris Sumner, # 5 Affidavit 5: Robin Lourie, # 6 Affidavit 6: Olivia Alston, # 7 Affidavit 7: Russell Cason, # 8 Affidavit 8: Steve Young, # 9 Affidavit 9: Beth Graham, # 10 Affidavit 10: Rebecca Short, # 11 Affidavit 11: Sara Ghazal, # 12 Affidavit 12: Sharon Zydney, # 13 Affidavit 13: Komal Patel)(Sparks, Adam) (Entered: 11/19/2020) 1 Affidavit 1: Shameika Vailes View on RECAP 2 Affidavit 2: Angela Thomas View on RECAP 3 Affidavit 3: Kimberly Brandon View on RECAP 4 Affidavit 4: Doris Sumner View on RECAP 5 Affidavit 5: Robin Lourie View on RECAP 6 Affidavit 6: Olivia Alston View on RECAP 7 Affidavit 7: Russell Cason View on RECAP 8 Affidavit 8: Steve Young View on RECAP 9 Affidavit 9: Beth Graham View on PACER 10 Affidavit 10: Rebecca Short View on RECAP 11 Affidavit 11: Sara Ghazal View on RECAP 12 Affidavit 12: Sharon Zydney View on RECAP 13 Affidavit 13: Komal Patel View on RECAP	Nov. 19, 2020	Nov. 19, 2020 RECAP
39	RESPONSE in Opposition re 6 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Powers, John) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 RECAP
40	CERTIFICATE of Compliance of Julie M. Houk with the Court's Standing Order on Civil Litigation (Sells, Bryan) Modified on 11/23/2020 to edit text(jed). (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
41	CERTIFICATE of Compliance Amanda J. Beane (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
42	CERTIFICATE of Compliance Amanda R. Callais (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
43	CERTIFICATE of Compliance Susan P. Coppedge (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
44	CERTIFICATE of Compliance (Greenbaum, Jon) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
45	CERTIFICATE of Compliance Kevin J. Hamilton (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
46	CERTIFICATE of Compliance Halsey G. Knapp, Jr. (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
47	CERTIFICATE of Compliance Joyce Gist Lewis (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
48	CERTIFICATE of Compliance Adam M. Sparks (Sparks, Adam) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
49	CERTIFICATE of Compliance (McGowan, Charlene) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
50	CERTIFICATE of Compliance of Russell D. Willard (McGowan, Charlene) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 RECAP
51	APPLICATION for Admission of Susan Baker Manning Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10394814).by Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
52	Minute Entry for proceedings held before Judge Steven D. Grimberg: Hearing held on Plaintiff's 6 Emergency Motion for Temporary Restraining Order. The Court GRANTED Intervenor Defendants Democratic Party of Georgia, Inc., DSCC, and DCCC's 8 Motion to Intervene as Defendants. The Court DENIED Plaintiff's 6 Motion for Temporary Restraining Order. A written order will follow. (Court Reporter Alicia Bagley)(jed) (Entered: 11/20/2020)	Nov. 19, 2020	Nov. 19, 2020 RECAP
	ORDER granting 24 Application for Admission Pro Hac Vice of Julie Houk. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 16 APPLICATION for Admission of Gillian Kuhlmann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388493). Attorney Gilliam Kuhlmann added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
	Order on Application for Admission PHV	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388436).. Attorney Amanda J. Beane added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	Approval of Application for Admission Pro Hac Vice	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 15 Application for Admission Pro Hac Vice of Emily Brailey. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388415).. Attorney Kevin J. Hamilton added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388395).. Attorney Amanda R. Callais added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 12 Application for Admission Pro Hac Vice of Amanda J. Beane. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Alexi M. Velez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388444).. Attorney Alexi Machek Velez added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 14 Application for Admission Pro Hac Vice of Matthew Mertens. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 25 APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391214). Attorney John Michael Powers added appearing on behalf of Georgia State Conference Of the NAACP, et al. (cdg) Modified on 11/19/2020 to correct party appearing on behalf of (cdg).	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388463).. Attorney Matthew Mertens added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 16 Application for Admission Pro Hac Vice of Gillian Kuhlmann. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 23 APPLICATION for Admission of Jon Greenbaum Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10390836). Attorney Jon M. Greenbaum added appearing on behalf of Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Emily Brailey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388481). Attorney Emily Rachel Brailey added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 11 Application for Admission Pro Hac Vice of Kevin J. Hamilton. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 32 APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice.. Attorney Ezra David Rosenberg added appearing on behalf of Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 9 Application for Admission Pro Hac Vice of Marc Erik Elias. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 25 Application for Admission Pro Hac Vice of John Powers. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 23 Application for Admission Pro Hac Vice of Jon Greenbaum. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Marc Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10388354).. Attorney Marc E. Elias added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)	Nov. 19, 2020	Nov. 19, 2020 PACER
	APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Julie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391209). Attorney Julie Marie Houk added appearing on behalf of Helen Butler, Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Melvin Ivey, James Woodall (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
	Return of Application for Admission Pro Hac Vice	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 13 Application for Admission Pro Hac Vice of Alexi M. Velez. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	ORDER granting 10 Application for Admission Pro Hac Vice of Amanda R. Callais. Approved by Judge Steven D. Grimberg on November 19, 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.(ash)	Nov. 19, 2020	Nov. 19, 2020 PACER
	RETURN of 27 APPLICATION for Admission of Ezra Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10391419). to attorney for correction re: case number. (cdg)	Nov. 19, 2020	Nov. 19, 2020 PACER
53	Emergency MOTION Preservation of Evidence and Inspection of Electronic Election/Voting Equipment and for Production of Original Ballots and Other Documents by L. Lin Wood, Jr. (Smith, Ray) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 RECAP
54	OPINION AND ORDER denying the 6 Emergency MOTION for Temporary Restraining Order. Signed by Judge Steven D. Grimberg on 11/20/2020. (jed) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 Clearinghouse
	Return of Application for Admission Pro Hac Vice	Nov. 20, 2020	Nov. 20, 2020 PACER
	RETURN of 51 APPLICATION for Admission of Susan Baker Manning Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10394814). to attorney for correction. (cdg)	Nov. 20, 2020	Nov. 20, 2020 PACER
55	NOTICE by L. Lin Wood, Jr of Subpoena (Attachments: # 1 Exhibit Subpoena)(Smith, Ray) (Entered: 11/23/2020) 1 Exhibit Subpoena View on RECAP	Nov. 23, 2020	Nov. 23, 2020 RECAP
56	RESPONSE in Opposition re 53 Emergency MOTION Preservation of Evidence and Inspection of Electronic Election/Voting Equipment and for Production of Original Ballots and Other Documents Defendant-Intervenors' Brief in Opposition to Plaintiff's Emergency Motion filed by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Attachments: # 1 Ex. A - R. Smith Letter to S. Wilkinson 2020.11.20)(Sparks, Adam) (Entered: 11/23/2020) 1 Ex. A - R. Smith Letter to S. Wilkinson 2020.11.20 View on RECAP	Nov. 23, 2020	Nov. 23, 2020 RECAP
57	MOTION to Dismiss with Brief In Support by Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief)(McGowan, Charlene) (Entered: 11/23/2020) 1 Brief View on RECAP	Nov. 23, 2020	Nov. 23, 2020 RECAP
58	CERTIFICATE of Compliance A. Velez (Sparks, Adam) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
59	CERTIFICATE of Compliance E. Brailey (Sparks, Adam) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
60	CERTIFICATE of Compliance G. Kuhlmann (Sparks, Adam) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
61	CERTIFICATE of Compliance M. Elias (Sparks, Adam) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
62	CERTIFICATE of Compliance M. Mertens (Sparks, Adam) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
63	MOTION for Appeal under 1292(b) of Denial of TRO Motion with Brief In Support by L. Lin Wood, Jr. (Smith, Ray) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 RECAP
64	TRANSCRIPT of the Emergency Motion for Temporary Restraining Order Hearing Proceedings held on November 19, 2020, before Judge Steven D. Grimberg. Court Reporter/Transcriber Alicia B. Bagley. 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 12/15/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/22/2021. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
65	NOTICE by L. Lin Wood, Jr re 54 Order of Appeal of Denial of TRO (Smith, Ray) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 RECAP
66	NOTICE OF APPEAL as to 54 Order by L. Lin Wood, Jr. Transcript Order Form due on 12/8/2020.(kac) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 RECAP
67	USCA Appeal Transmission Letter to 11th Circuit re: 66 Notice of Appeal filed by L. Lin Wood, Jr. (kac) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 RECAP
68	Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: 66 Notice of Appeal. (kac) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 RECAP
69	USCA Acknowledgment of 66 Notice of Appeal filed by L. Lin Wood, Jr. Case Appealed to USCA - 11th Circuit. USCA Case Number 20-14418-RR. (kac) (Entered: 11/25/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
	Order	Nov. 24, 2020	Nov. 24, 2020 PACER
	ORDER granting 32 Application for Admission Pro Hac Vice of Ezra Rosenberg. Approved by Judge Steven D. Grimberg on November 24, 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.(ash)	Nov. 24, 2020	Nov. 24, 2020 PACER