Case: Weltner v. Raffensperger

1:20-cv-01407 | U.S. District Court for the Northern District of Georgia

Filed Date: March 31, 2020

Closed Date: July 21, 2020

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Case Summary

This is a case challenging the state of Georgia’s cancellation of a Supreme Court seat election. Associate Justice Keith R. Blackwell of the Supreme Court of Georgia served a term scheduled to end on December 31, 2020. On February 26, 2020, Blackwell tendered his resignation effective November 18, 2020. On March 1, 2020, Governor Brian Kemp of Georgia notified Secretary of State Brad Raffensperger that he intended to fill Justice Blackwell's office by appointment on the grounds that Justice …

This is a case challenging the state of Georgia’s cancellation of a Supreme Court seat election.

Associate Justice Keith R. Blackwell of the Supreme Court of Georgia served a term scheduled to end on December 31, 2020. On February 26, 2020, Blackwell tendered his resignation effective November 18, 2020. On March 1, 2020, Governor Brian Kemp of Georgia notified Secretary of State Brad Raffensperger that he intended to fill Justice Blackwell's office by appointment on the grounds that Justice Blackwell's resignation, once accepted, created a vacancy that could be filled by appointment. Following that notice, Secretary Raffensperger canceled the candidate qualifying for the May 19, 2020 election.

On March 31, 2020, registered voters in the state of Georgia filed suit claiming that the cancellation of the election deprived them of the ability to vote for their choice of successor, which they would have done if the election had not been canceled. Plaintiffs filed lawsuit under 42 U.S.C. § 1983 claiming that the cancellation of the election 1) violated state law and therefore the Due Process Clause of the Fourteenth Amendment, and 2) violated Due Process clause because there is no legitimate or compelling justification for the state's deprivation of their right to vote.

On April 24, 2020, plaintiffs filed a motion for preliminary injunction. In their motion, plaintiffs asked the Court to order the defendant to take all steps necessary to conduct the nonpartisan general election previously set and issue a public notice of the date of the election.

Two candidates, John Barrow and Elizabeth Beskin, timely tendered applications for Justice Blackwell's seat but Secretary Raffensperger's staff refused to accept their qualifying documents and fees. Each candidate filed a petition for mandamus arguing that as Justice Blackwell was not leaving office until November 18, 2020, there was no actual vacancy. These cases, Barrow v. Raffensperger and Beskin v. Raffensperger, were dismissed by the Supreme Court of Georgia. Specifically, the Supreme Court found that the defendant did not violate election law by refusing to hold an election. The court found a request to hold a June 9, 2020 election to be not feasible, untimely and impracticable.

In light of the Supreme Court of Georgia’s ruling on the previous cases, on May 28, 2020, the court denied in part the plaintiffs’ motion for preliminary injunction. Plaintiffs were directed to specify the relief they seek in light of the rulings.

On May 28, 2020, John Barrow, the plaintiff of the case Barrow v. Raffensperger, filed a motion to intervene. The motion was denied on June 26, 2020.

On June 1, 2020, defendant filed a motion to dismiss for failure to state a claim in light of the Supreme Court of Georgia’s ruling on the previous cases. On July 15, 2020, the motion to dismiss was granted, and the plaintiffs’ motion for preliminary injunction was denied. The court found that plaintiffs did not have a right to vote a Justice into office under the Georgia Constitution. Rather, Justices are appointed by the Governor, and the voters have the right to reelect the Justice or vote for his or her appointment. Because of this appointment system, the court found that the plaintiffs had failed to state a claim.

On July 17, 2020, plaintiffs filed a motion for reconsideration. The motion was denied on July 21.

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Summary Authors

Kelsey Geiser (10/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17029014/parties/weltner-v-raffensperger/

Judge(s)

Evans, Orinda Dale (Georgia)

Attorney for Plaintiff

Brown, Bruce P. (Georgia)

Attorney for Defendant

Skedsvold, Miles Christian (Georgia)

Young, Elizabeth T. (Georgia)

Expert/Monitor/Master/Other

Tomlinson, Wade H. (Georgia)

Judge(s)

Evans, Orinda Dale (Georgia)

Attorney for Plaintiff

Brown, Bruce P. (Georgia)

Attorney for Defendant

Skedsvold, Miles Christian (Georgia)

Young, Elizabeth T. (Georgia)

Expert/Monitor/Master/Other

Tomlinson, Wade H. (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 1:20-cv-01407	General Order 20-01	March 16, 2020	March 16, 2020 Order/Opinion 2020 WL 8116173
4 1:20-cv-01407	General Order 20-01 Amended	March 30, 2020	March 30, 2020 Order/Opinion 2020 WL 8116173
1 1:20-cv-01407	Complaint	March 31, 2020	March 31, 2020 Complaint 2020 WL 8116173
10 1:20-cv-01407	General Order 10-01 Second Amendment	April 30, 2020	April 30, 2020 Order/Opinion 2020 WL 8116173
11 1:20-cv-01407	Defendant's Response to Plaintiff's Request for Hearing on Motion for Preliminary Injunction	May 5, 2020	May 5, 2020 Pleading / Motion / Brief 2020 WL 8116173
17 1:20-cv-01407	Plaintiffs' Response to Court Order	May 28, 2020	May 28, 2020 Order/Opinion 2020 WL 8115876
23 1:20-cv-01407	Order on Motion for Leave to File	June 11, 2020	June 11, 2020 Order/Opinion 2020 WL 8116173
25 1:20-cv-01407	Plaintiffs' Brief in Opposition to Motion to Dismiss and Reply on Barrow v. Raffensperger	June 15, 2020	June 15, 2020 Pleading / Motion / Brief 2020 WL 8115876
26 1:20-cv-01407	Order on Motion for Leave to File	June 15, 2020	June 15, 2020 Order/Opinion 2020 WL 8115876
26 1:20-cv-01407	Order on Motion for Leave to File	June 15, 2020	June 15, 2020 Order/Opinion 2020 WL 8116173

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17029014/weltner-v-raffensperger/

Last updated Aug. 11, 2025, 2:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Anne Glenn Weltner, Francys Johnson and Laura Register. (Filing fee $400.00, receipt number AGANDC-9538677) (Attachments: # 1 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: 03/31/2020) 1 Civil Cover Sheet View on PACER	March 31, 2020	March 31, 2020 RECAP
	Submission to District Judge	March 31, 2020	March 31, 2020 PACER
2	GENERAL ORDER RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/20. (eop) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 RECAP
	Submission of 1 Complaint for Review, to District Judge Orinda D. Evans. (eop)	March 31, 2020	March 31, 2020 PACER
3	Electronic Summons Issued as to Brad Raffensperger. (eop) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 PACER
4	Amended 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 3/30/20. (dgs) (ADI) (Entered: 04/01/2020)	April 1, 2020	April 1, 2020 RECAP
5	NOTICE of Appearance by Elizabeth T. Young on behalf of Brad Raffensperger (Young, Elizabeth) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
6	NOTICE of Appearance by Miles Christian Skedsvold on behalf of Brad Raffensperger (Skedsvold, Miles) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
7	MOTION for Preliminary Injunction with Brief In Support by Francys Johnson, Laura Register, Anne Glenn Weltner. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Brown, Bruce) (Entered: 04/24/2020) 1 Brief View on RECAP 2 Text of Proposed Order View on PACER	April 24, 2020	April 24, 2020 PACER
8	WAIVER OF SERVICE Returned Executed by Anne Glenn Weltner, Francys Johnson, Laura Register. Brad Raffensperger waiver mailed on 4/1/2020, answer due 6/1/2020. (Brown, Bruce) (Entered: 04/24/2020)	April 24, 2020	April 24, 2020 PACER
9	MOTION for Hearing re 7 MOTION for Preliminary Injunction by Francys Johnson, Laura Register, Anne Glenn Weltner. (Brown, Bruce) (Entered: 05/04/2020)	May 4, 2020	May 4, 2020 PACER
10	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 RECAP
11	RESPONSE re 9 MOTION for Hearing re 7 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Young, Elizabeth) (Entered: 05/05/2020)	May 5, 2020	May 5, 2020 RECAP
12	Unopposed MOTION for Leave to File Excess Pages by Brad Raffensperger. (Attachments: # 1 Text of Proposed Order)(Young, Elizabeth) (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
13	RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Exhibit 1 - Stipulations - Brad Raffensperger, # 2 Exhibit 2 - Fulton Superior Order - Beskin v. Raffensperger, # 3 Exhibit 3 - Fulton Superior Order - Barrow v. Raffensperger, # 4 Exhibit 4 - Georgia Supreme Court Order - Barrow & Beskin v. Raffensperger, # 5 Exhibit 5 - Barrow Supreme Court Appellant's Brief, # 6 Exhibit 6 - Georgia Supreme Court Order - Barrow & Beskin v. Raffensperger)(Young, Elizabeth) (Entered: 05/08/2020) 1 Exhibit 1 - Stipulations - Brad Raffensperger View on PACER 2 Exhibit 2 - Fulton Superior Order - Beskin v. Raffensperger View on PACER 3 Exhibit 3 - Fulton Superior Order - Barrow v. Raffensperger View on PACER 4 Exhibit 4 - Georgia Supreme Court Order - Barrow & Beskin v. Raffensperger View on PACER 5 Exhibit 5 - Barrow Supreme Court Appellant's Brief View on PACER 6 Exhibit 6 - Georgia Supreme Court Order - Barrow & Beskin v. Raffensperger View on PACER	May 8, 2020	May 8, 2020 PACER
	Submission to District Judge	May 11, 2020	May 11, 2020 PACER
	Submission of 7 MOTION for Preliminary Injunction, 9 MOTION for Hearing re 7 MOTION for Preliminary Injunction, to District Judge Orinda D. Evans. (bdb)	May 11, 2020	May 11, 2020 PACER
14	ORDER granting the 12 Motion for Leave to File Excess Pages. The Court will accept for filing Defendants Response in Opposition to Plaintiffs Motion for Preliminary Injunction that exceeds the page limit of L.R. 7.1(d). Signed by Judge Orinda D. Evans on 05/11/20. (aaq) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
15	ORDER DENYING Plaintiffs' 9 Motion for Hearing and DENYING IN PART Plaintiffs' Motion for Preliminary Injunction 7 as to Count I in light of the Supreme Court of Georgia's ruling in Barrow v. Raffensperger and Beskin v.Raffensperger. Plaintiffs are DIRECTED to specify the relief they seek in light of the rulings contained in this order and provide the Court with their request relief, in writing, by May 28, 2020. Defendant has until June 8, 2020 to respond. Signed by Judge Orinda D. Evans on 05/18/2020. (rvb) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
16	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 RECAP
17	RESPONSE re 15 Order on Motion for Hearing,, filed by Francys Johnson, Laura Register, Anne Glenn Weltner. (Brown, Bruce) (Entered: 05/28/2020)	May 28, 2020	May 28, 2020 RECAP
18	MOTION to Intervene with Brief In Support by John Barrow. (Attachments: # 1 Brief Non-Party John Barrow's Brief in Support of His Motion to Intervene, # 2 Exhibit Exhibit A-(Proposed) Complaint in Intervention)(Tomlinson, Wade) (Entered: 05/28/2020) 1 Brief Non-Party John Barrow's Brief in Support of His Motion to Intervene View on RECAP 2 Exhibit Exhibit A-(Proposed) Complaint in Intervention View on PACER	May 28, 2020	May 28, 2020 PACER
19	MOTION for Leave to File Brief Addressing Barrow v. Raffenspergerwith Brief by Anne Glenn Weltner. (Brown, Bruce) (Entered: 05/29/2020)	May 29, 2020	May 29, 2020 PACER
20	MOTION to Dismiss For Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brad Raffensperger. (Attachments: # 1 Brief)(Young, Elizabeth) (Entered: 06/01/2020) 1 Brief View on RECAP	June 1, 2020	June 1, 2020 PACER
21	RESPONSE re 17 Response (Non-Motion) filed by Brad Raffensperger. (Attachments: # 1 Exhibit 1 - Remittitur and Opinion - Barrow v. Raffensperger, # 2 Exhibit 2 - Remittitur and Opinion - Beskin v. Raffensperger)(Young, Elizabeth) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
22	RESPONSE in Opposition re 18 MOTION to Intervene filed by Brad Raffensperger. (Attachments: # 1 Exhibit 1 - Remittitur and Opinion - Barrow v. Raffensperger)(Young, Elizabeth) (Entered: 06/11/2020)	June 11, 2020	June 11, 2020 PACER
23	ORDER granting 19 Motion for Leave to File Brief Addressing Barrow v. Raffensperger. Signed by Judge Orinda D. Evans on 6/11/2020. (bdb) (Entered: 06/11/2020)	June 11, 2020	June 11, 2020 RECAP
	Submission to District Judge	June 12, 2020	June 12, 2020 PACER
	Submission of 7 MOTION for Preliminary Injunction and 18 MOTION to Intervene, to District Judge Orinda D. Evans. (bdb)	June 12, 2020	June 12, 2020 PACER
24	MOTION for Leave to File Brief Responding to Plaintiff's Brief Addressing Barrow v. Raffensperger with Brief In Support by Brad Raffensperger. (Young, Elizabeth) (Entered: 06/12/2020)	June 12, 2020	June 12, 2020 PACER
25	RESPONSE in Opposition re 20 MOTION to Dismiss For Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and in Reply on Barrow filed by Anne Glenn Weltner. (Brown, Bruce) (Entered: 06/15/2020)	June 15, 2020	June 15, 2020 RECAP
26	ORDER granting Defendant's 24 Motion for Leave to File response to Plaintiffs' brief addressing Barrow v. Raffensperger. Signed by Judge Orinda D. Evans on 6/15/20. (jpa) (Entered: 06/16/2020)	June 15, 2020	June 15, 2020 RECAP
	Submission to District Judge	June 16, 2020	June 16, 2020 PACER
	Submission of 20 MOTION to Dismiss For Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Orinda D. Evans. (bdb)	June 16, 2020	June 16, 2020 PACER
27	REPLY BRIEF re 18 MOTION to Intervene filed by John Barrow. (Tomlinson, Wade) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 RECAP
28	ORDER denying John Barrow's 18 Motion to Intervene. Signed by Judge Orinda D. Evans on 06/26/20. (aaq) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
29	ORDER: The parties are DIRECTED to inform the Court in writing by July 6, 2020 whether the stipulations before the trial court in the parallel state court proceedings will apply in this case. The parties are additionally DIRECTED to inform the Court in writing by July 6, 2020 whether the presentation of any additional evidence is needed before the Court rules on Plaintiffs' Motion for a Preliminary Injunction 7 . If either side wants to produce live witnesses, it must provide the Court with a list of all witnesses whom that party wishes to present and a specific summary of the expected direct testimony of each witness. Signed by Judge Orinda D. Evans on 06/26/20. (aaq) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 PACER
30	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 RECAP
31	STIPULATION Parties' Stipulations In Response to Court Order by Anne Glenn Weltner. (Brown, Bruce) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 PACER
32	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 RECAP
33	ORDER denying 7 Motion for Preliminary Injunction; granting 20 Motion to Dismiss. Signed by Judge Orinda D. Evans on 7/15/2020. (kt) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 RECAP
	Order on Motion to Dismiss for Failure to State a Claim	July 15, 2020	July 15, 2020 PACER
34	JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Orinda D. Evans on 7/15/2020. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(kt) (Additional attachment(s) added on 7/16/2020: # 1 Corrected Main Document) (kt). (Entered: 07/15/2020) 1 Corrected Main Document View on PACER 1 Corrected Main Document View on PACER	July 15, 2020	July 15, 2020 PACER
	Terminated Case	July 15, 2020	July 15, 2020 PACER
	ORDER granting 20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Orinda D. Evans on 7/15/2020. (kt)	July 15, 2020	July 15, 2020 PACER
	Civil Case Terminated. (kt)	July 15, 2020	July 15, 2020 PACER
	Notification of Docket Correction	July 16, 2020	July 16, 2020 PACER
	Notification of Docket Correction re 34 Judgment. Edited to replace main document. (kt)	July 16, 2020	July 16, 2020 PACER
35	MOTION for Reconsideration under Rule 59(e) of Order (Doc. 33) Denying Motion for Preliminary Injunction and Granting Motion to Dismiss by Anne Glenn Weltner. (Brown, Bruce) (Entered: 07/17/2020)	July 17, 2020	July 17, 2020 PACER
36	ORDER denying 35 Motion for Reconsideration. Signed by Judge Orinda D. Evans on 7/21/2020. (bnp) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020 PACER

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Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: March 31, 2020

Closing Date: July 21, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Anne Glenn Weltner: registered elector of the State of Georgia and a resident of Fulton County; Francys Johnson: registered elector of the State of Georgia and resident of Bulloch County; Laura Register: registered elector of State of Georgia and resident of Grady County.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Brad Raffensperger, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: