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 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.
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/
Evans, Orinda Dale (Georgia)
Brown, Bruce P. (Georgia)
Skedsvold, Miles Christian (Georgia)
Young, Elizabeth T. (Georgia)
Tomlinson, Wade H. (Georgia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/17029014/weltner-v-raffensperger/
Last updated Sept. 2, 2026, 5:08 a.m.
Docket for: Weltner v. Raffensperger
Case Details
State / Territory:
Case Type(s):
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):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Brad Raffensperger
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Other Dockets:
Northern District of Georgia 1:20-cv-01407
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Defendant
Relief Granted:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Goals (e.g., for hiring, admissions)
Post/Distribute Notice of Rights / EE Law
Reinstatement (job, contract, grant, etc.)
Issues
Voting:
Case Summary of Weltner v. Raffensperger, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43346/ (last updated 10/26/2022).