Case: The Democratic Party of Georgia v. Crittenden

1:18-cv-05181 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 9, 2018

Closed Date: Jan. 11, 2019

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Case Summary

This case involved allegations that local and state officials improperly rejected certain absentee and provisional ballots. The AFG Group, Stacey Abrams for Governor, and the Democratic Party of Georgia filed suit for declaratory and injunctive relief in the U.S. Northern District of Georgia on November 10, 2018. Defendants included the Secretary of State for the State of Georgia, the Gwinnett County Board of Registration and Elections, the Dekalb County Board of Registration and Elections, and…

This case involved allegations that local and state officials improperly rejected certain absentee and provisional ballots.

The AFG Group, Stacey Abrams for Governor, and the Democratic Party of Georgia filed suit for declaratory and injunctive relief in the U.S. Northern District of Georgia on November 10, 2018. Defendants included the Secretary of State for the State of Georgia, the Gwinnett County Board of Registration and Elections, the Dekalb County Board of Registration and Elections, and the various Superintendents and Boards of Elections of the 159 Georgia counties as a class defendant. Plaintiffs were represented by private counsel. Plaintiffs cited the First and Fourteenth Amendments and the Official Code of Georgia (O.C.G.A) §§ 21-2-386, 419, 493, 499.  The case was assigned to Judge Steve CarMichael Jones. Plaintiffs' key allegation was that the Georgia statute failed to provide electors with notice and opportunity to cure missing or insufficient oath information on absentee ballots resulting in rejected elector ballots and violating electors right to equal protection, fundamental right to vote, and right to due process. Plaintiffs sought injunctive relief to enjoin Defendants from certifying county or statewide election returns for the November 6, 2018 election until November 14, 2018. Plaintiffs also sought an order and judgment declaring that federal and Georgia law accept absentee mail-in ballots were missing information did not substantially obstruct the county from verifying identity, that counties accept evidence curing provisional ballots, that counties accept provisional ballots cast within the wrong precinct, that already certified election results restore votes of qualified electors and certify and file corrected returns with the Secretary of State, and that the court enjoin the Secretary of State of Georgia from refusing to accept corrected election returns certified and filed by a county elections superintended. 

The court denied Plaintiffs request for class certification of the 159 Georgia counties because Plaintiffs failed to follow federal civil procedure.

Plaintiffs filed an emergency motion for preliminary injunctive relief on November 12, 2018. They claimed that absentee mail-in voters were unconstitutionally deprived of their right to vote because certain ballots were rejected under O.C.G.A. § 21-2-386(a)(1)(C) solely due to missing or insufficient oath information, that the cure period for provisional ballots under O.C.G.A. § 21-2-419(c) was constitutionally inadequate, and that the rejecting provisional votes cast in other counties than the voter’s county of residence as recorded was constitutionally inadequate and deprived voters of their right to vote. 

Defendants filed multiple responses to Plaintiffs’ emergency motion for preliminary injunctive relief on November 13, 2018. 

On November 13, 2018, the Georgia Republican Party filed a motion to intervene and a response to Plaintiffs’ motion for preliminary injunctive relief. On November 14, 2018, the Court granted Defendant Georgia Republican Party’s Motion to Intervene.

A hearing on Plaintiffs’ emergency motion for preliminary injunction was held on November 13, 2018. On November 14, 2018, the Court granted preliminary injunctive relief as to the absentee ballot (date of birth issue) but denied preliminary injunctive relief as to the absentee ballot (residence) and provisional ballot issues. The Court also denied Plaintiffs’ request to extend the cure period and to require the counting of out-of-county residence provisional ballots. The Court also enjoined the defendant Secretary of State from certifying the State Election results until she had confirmed that each county’s returns include the counts for absentee ballots where the date of birth was omitted or incorrect. 

On January 11, 2019, the parties stipulated that the Plaintiffs’ case and claims be dismissed.

The case is now closed. 

Summary Authors

(11/7/2023)

(10/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8168417/parties/the-democratic-party-of-georgia-inc-v-crittenden/


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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8168417/the-democratic-party-of-georgia-inc-v-crittenden/

Last updated Jan. 3, 2025, 10:59 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT with Injunctive Relief (Filing fee $400, receipt number 113E-8266051) filed by The Democratic Party of Georgia, Inc. and AFG Group Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(rjs) 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: 11/13/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet

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Nov. 11, 2018

Nov. 11, 2018

RECAP
4

MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED with Brief In Support by AFG Group Inc and The Democratic Party of Georgia, Inc. (Attachments: # 1 Text of Proposed Order)(rjs) (Entered: 11/13/2018)

1 Text of Proposed Order

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Nov. 12, 2018

Nov. 12, 2018

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5

AFFIDAVIT of Rachel Knowles by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
7

AFFIDAVIT of Terekesha Graves by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
8

AFFIDAVIT of Lona Tate by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
10

AFFIDAVIT of Lauren Groh-Wargo by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
11

AFFIDAVIT of Rebecca DeHart by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
13

AFFIDAVIT of Quinn Mulholland by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
15

NOTICE Of Filing Emergency Motion for Preliminary Injunction and Request for Emergency Hearing by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Nov. 12, 2018

Nov. 12, 2018

RECAP
2

NOTICE of Appearance by William Coppedge Collins, Jr on behalf of Robyn A. Crittenden (Collins, William) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Submission to District Judge

Nov. 13, 2018

Nov. 13, 2018

PACER
3

NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Notification of Docket Correction

Nov. 13, 2018

Nov. 13, 2018

PACER
6

Consent MOTION for Leave to File Excess Pages by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Text of Proposed Order)(Tyson, Bryan) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Notice of Hearing on Motion

Nov. 13, 2018

Nov. 13, 2018

PACER
9

NOTICE of Supplemental Authority by AFG Group Inc, The Democratic Party of Georgia, Inc. (Attachments: # 1 Exhibit 1)(Knapp, Halsey) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
12

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Declaration of Lynn Ledford)(Tyson, Bryan) (Entered: 11/13/2018)

1 Exhibit A - Declaration of Lynn Ledford

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Nov. 13, 2018

Nov. 13, 2018

RECAP
14

RESPONSE to 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Robyn A. Crittenden. (Attachments: # 1 Exhibit)(Collins, William) Modified on 11/13/2018 to correct text to pleading filed and add hyperlink (rjs). (Entered: 11/13/2018)

1 Exhibit

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Nov. 13, 2018

Nov. 13, 2018

RECAP

Submission of 1 Complaint with TRO and Injunctive Relief, 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and 15 Notice of Filing to District Judge Steve C. Jones. (rjs)

Nov. 13, 2018

Nov. 13, 2018

PACER
16

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Georgia Republican Party, Inc.. (Attachments: # 1 Exhibit)(Belinfante, Joshua) Modified on 11/13/2018 to edit text (rjs). (Entered: 11/13/2018)

1 Exhibit

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Nov. 13, 2018

Nov. 13, 2018

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17

NOTICE Of Filing Plaintiffs' Additional Declarations in Support of Their Emergency Motion for Preliminary Injunction by AFG Group Inc re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED (Attachments: # 1 Affidavit David J. Worley, # 2 Affidavit Chrystian Woods, # 3 Affidavit John DeLapp, # 4 Affidavit Taylor Buettner)(Knapp, Halsey) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
18

Electronic Summons Issued as to Beauty Baldwin, Michael Coveny, Robyn A. Crittenden, Stephen Day, Anthony Lewis, John Mangano, Alice O'Lenick, Leona Perry, Ben Satterfield, Samuel Tillman and Baoky Vu. (Attachments: # 1 Summons Anthony Lewis, # 2 Summons Baoky Vu, # 3 Summons Beauty Baldwin, # 4 Summons Ben Satterfield, # 5 Summons John Mangano, # 6 Summons Leona Perry, # 7 Summons Michael Coveny, # 8 Summons Robyn A. Crittenden, # 9 Summons Samuel Tillman, # 10 Summons Stephen Day)(rjs) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
19

RESPONSE re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu. (Ware, R.) Modified on 11/13/2018 to edit text (bnw). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP
20

NOTICE of Appearance by Adam Martin Sparks on behalf of AFG Group Inc, The Democratic Party of Georgia, Inc. (Sparks, Adam) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
21

MOTION to Intervene with Brief In Support by Georgia Republican Party, Inc.. (Attachments: # 1 Brief [Exh 1], # 2 Exhibit [Exh 2] Proposed defensive pleading, # 3 Text of Proposed Order [Exh 3])(Belinfante, Joshua) (Entered: 11/13/2018)

1 Brief [Exh 1]

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2 Exhibit [Exh 2] Proposed defensive pleading

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3 Text of Proposed Order [Exh 3]

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Nov. 13, 2018

Nov. 13, 2018

RECAP
22

NOTICE Of Filing Supplemental Filing In Support Of Intervenor Defendant Georgia Republican Partys Brief In Opposition To Plaintiffs Motion For Temporary Restraining Order by Georgia Republican Party, Inc. re 16 RESPONSE in Opposition (Attachments: # 1 Exhibit, # 2 Exhibit)(Belinfante, Joshua) Modified on 11/13/2018 to edit text (rjs). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
23

NOTICE of Appearance by Kurt G. Kastorf on behalf of AFG Group Inc, The Democratic Party of Georgia, Inc. (Kastorf, Kurt) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
24

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Georgia Republican Party, Inc. (Belinfante, Joshua) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
25

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Georgia Republican Party, Inc. (Russo, Vincent) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
26

NOTICE of Appearance by William Ryan Teague on behalf of Georgia Republican Party, Inc. (Teague, William) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
27

NOTICE of Appearance by Kimberly K. Anderson on behalf of Georgia Republican Party, Inc. (Anderson, Kimberly) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
28

NOTICE of Appearance by Brian Edward Lake on behalf of Georgia Republican Party, Inc. (Lake, Brian) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
29

NOTICE Of Filing Additional Declaration re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by AFG Group Inc, The Democratic Party of Georgia, Inc. (Attachments: # 1 Second Declaration of John DeLapp)(Sparks, Adam) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Notification of Docket Correction re 14 RESPONSE to 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Robyn A. Crittenden. (Attachments: # 1 Exhibit)(Collins, William) Modified on 11/13/2018 to correct text to pleading filed and add hyperlink (rjs). (rjs)

Nov. 13, 2018

Nov. 13, 2018

PACER
30

NOTICE of Supplemental Authority by AFG Group Inc, Georgia Republican Party, Inc. (Attachments: # 1 Exhibit Exhibit A: Judge May Order)(Kastorf, Kurt) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

NOTICE of Hearing on Motions: the Court will hear argument and/or evidence on Plaintiffs' 4 MOTION for Temporary Restraining Order and the 21 MOTION to Intervene as filed by Georgia Republican Party, Inc. today, 11/13/2018, at 03:00 PM in ATLA Courtroom 1907 before Judge Steve C. Jones. (pdw)

Nov. 13, 2018

Nov. 13, 2018

PACER
31

NOTICE of Appearance by R. David Ware on behalf of Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu (Ware, R.) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
32

NOTICE of Appearance by Cristina Correia on behalf of Robyn A. Crittenden (Correia, Cristina) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
33

AFFIDAVIT of Chris Harvey by Robyn A. Crittenden. (Collins, William) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
34

Minute Entry for proceedings held before Judge Steve C. Jones: Motion Hearing held on 11/13/2018 re 21 MOTION to Intervene filed by Georgia Republican Party, Inc.,and 4 MOTION for Temporary Restraining Order filed by The Democratic Party of Georgia, Inc. and AFG Group Inc. Plaintiffs informed the Court they are not opposed the Motion to Intervene as filed by the Georgia Republican Party 21 . Oral argument heard on Plaintiffs' Motion for TRO/preliminary injunction 4 . Order(s) to follow granting motion tointervene and ruling on motion for TRO. (Court Reporter Jana Colter)(pdw) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP
35

RESPONSE General Submission in Response to Court's Request for Information 34 Motion Hearing filed by Georgia Republican Party, Inc. (Belinfante, Joshua) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
36

NOTICE Of Filing Plaintiff's Response to Court's Request for Information at Emergency Hearing by AFG Group Inc, The Democratic Party of Georgia, Inc. re 34 Motion Hearing (Sparks, Adam) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP
37

CORRECTED NOTICE Of Filing Plaintiff's Response to Court's Request for Information at Emergency Hearing by AFG Group Inc, The Democratic Party of Georgia, Inc. re 36 Notice of Filing, 34 Motion Hearing (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sparks, Adam) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
39

Minute Entry for proceedings held before Judge Steve C. Jones: Plaintiffs informed the Court they are not opposed the Motion to Intervene as filed by the Georgia Republican Party 21 . Oral argument heard on Plaintiffs' Motion for TRO/preliminary injunction 4 . Order(s) to follow granting motion to intervene and ruling on motion for TRO. 4 Motion for TRO: TAKEN UNDER ADVISEMENT. 21 Motion to Intervene: TAKEN UNDER ADVISEMENT. (Court Reporter Jana Colter)(rjs) (Entered: 11/14/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
38

RESPONSE to Court's Request for Information re 34 Motion Hearing filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
40

ORDER: The Court ORDERS that the Proposed Intervenor Defendant's 21 Motion to Intervene is GRANTED, and leave is GRANTED for them to intervene in the above-captioned case. Signed by Judge Steve C. Jones on 11/14/2018. (rjs) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

RECAP
41

ORDER granting 6 Motion for Leave to File Excess Pages and authorizes the filing of a brief of up to 30 pages in length. Signed by Judge Steve C. Jones on 11/14/2018. (rjs) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
42

RESPONSE Submittal In Response to The Court's Request for Information re 34 Motion Hearing filed by Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu and Michael Coveny. (Ware, R.) Modified on 11/16/2018 to edit filer information (rjs). (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
43

NOTICE of Appearance by Bennett Davis Bryan on behalf of Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu (Bryan, Bennett) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
44

ORDER: Plaintiffs' Emergency Motion for Preliminary Injunction 4 is GRANTED IN PART AND DENIED IN PART. Plaintiffs have shown that they are entitled to preliminary injunctive relief as to the absentee ballot (date of birth) issue. Plaintiffs have not shown that they are entitled to preliminary injunctive relief as to the absentee ballot (residence)issue and provisional ballot issues. The Court specifically DENIES Plaintiffs' request to extend the cure period and require the counting of out-of-county of residence provisional ballots.The Secretary of State is ENJOINED from certifying the State Election results until she has confirmed that each countys returns include the counts for absentee ballots where the birth date was omitted or incorrect. Signed by Judge Steve C. Jones on 11/14/2018. (pdw) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

RECAP
45

ANSWER to 1 COMPLAINT in Intervention by Georgia Republican Party, Inc.. Discovery ends on 4/15/2019.(Belinfante, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP
46

NOTICE Supplemental Response to Request for Information 38 Response by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP
47

STIPULATION of Dismissal by AFG Group Inc, The Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

RECAP

Clerk's Entry of Dismissal APPROVING 47 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rjs)

Jan. 14, 2019

Jan. 14, 2019

PACER

Civil Case Terminated. (rjs)

Jan. 14, 2019

Jan. 14, 2019

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 9, 2018

Closing Date: Jan. 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The AFG Group, d/b/a Stacey Abrams for Governor and the Democratic Party of Georgia

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

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

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

Secretary of State for the State of Georgia, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Vote Counting

Amount Defendant Pays: N/A

Issues

Voting:

Voter registration rules

Voting: General & Misc.