Case: Georgia Republican Part v. Raffensperger

2:20-cv-00135 | U.S. District Court for the Southern District of Georgia

Filed Date: Dec. 17, 2020

Closed Date: Dec. 18, 2020

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Case Summary

This case involved allegations that Georgia election officials failed to adequately prevent unlawful double voting in the January 2021 run-off election for Georgia’s U.S. Senators due to the alleged debasement and dilution of the right to vote in contravention of the Voting Rights Act and the U.S. Constitution. On December 17, 2020, the Georgia Republican Party, Inc., the National Republican Senatorial Committee, Perdue for Senate, Georgians for Kelly Loeffler, along with three Georgia resident…

This case involved allegations that Georgia election officials failed to adequately prevent unlawful double voting in the January 2021 run-off election for Georgia’s U.S. Senators due to the alleged debasement and dilution of the right to vote in contravention of the Voting Rights Act and the U.S. Constitution.

On December 17, 2020, the Georgia Republican Party, Inc., the National Republican Senatorial Committee, Perdue for Senate, Georgians for Kelly Loeffler, along with three Georgia residents, all represented by private counsel, filed suit in the U.S. District Court for the Southern District of Georgia (Brunswick) to seek declaratory and injunctive relief by requesting the Court to declare that the counting and certifying of certain alleged double votes was unlawful and to segregate and investigate the alleged double votes. Defendants included individuals acting in their official capacities as the Secretary of State of Georgia, the State Election Board, the Glynn County Board of Elections, and the Chatham County Board of Elections. Plaintiffs alleged violations of the Voting Rights Act, 52 U.S.C. § 10307, and the U.S. Constitution's First and Fourteenth Amendments. The case was assigned to Judge Lisa Godbey Wood.

In Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, filed on December 17, 2020, Plaintiffs made five key allegations. First, Plaintiffs alleged that the Georgia election officials' tabulation and certification of unlawful double votes was violative of the Voting Rights Act because it was unlawful to vote more than once in any general, special, or preliminary election held for the purpose of selecting or electing any candidate for the U.S. Senate. Second, the Georgia election officials' tabulation and certification of ballots cast by individuals who had already voted for a U.S. Senator in another state violated the Equal Protection Clause of the Fourteenth Amendment because of the "one person, two votes" conceptual scheme that would effectively deny the voting strength of one group of voters at the expense of another, which violates equal protection. Third, the debasement or dilution of votes placed an undue and fundamentally unfair burden on Plaintiffs' voting and associational rights to vote in violation of the First and Fourteenth Amendments. Fourth, the Georgia election officials would violate Plaintiffs' due process rights under the Fourteenth Amendment because voting was a protected liberty interest which afforded Plaintiffs the right to assert the burdens on the right to vote. Fifth and finally, Plaintiffs alleged that they would suffer irreparable injury to their right to vote and associate if unlawful double votes were mixed in with all other ballots to be counted and certified.

Thus, Plaintiffs sought a declaration that it was unlawful to vote for a U.S. Senator candidate in the 2020 general election in a different state and vote in the Georgia-run off election, and a preliminary injunction for Georgia election officials to segregate all ballots cast by voters who registered during the time period immediately preceding the January 2021 run-off election and to investigate whether such voters had voted twice.

On December 18, 2020, a hearing on Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction was held. The Court dismissed Plaintiffs' Complaint for lack of standing, denied as moot their Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, and dismissed the case with prejudice.

Summary Authors

Julie Vo (10/31/2023)

Aileen Ng (11/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18239282/parties/georgia-republican-party-inc-v-raffensperger/


Judge(s)
Attorney for Plaintiff

Gibson, Benjamin J. (Georgia)

Meros, George N. (Georgia)

Attorney for Defendant

Davenport, Jennifer R. (Georgia)

Hart, Ralph Jonathan (Georgia)

Lewis, Joyce Gist (Georgia)

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Documents in the Clearinghouse

Document
3

2:20-cv-00135

Plaintiff's Emergency Motion for a Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law

Georgia Republican Party, Inc., et al. v. Raffensperger, et al.

Dec. 17, 2020

Dec. 17, 2020

Pleading / Motion / Brief
1

2:20-cv-00135

Complaint

Georgia Republican Party, Inc., et al. v. Raffensperger, et al.

Dec. 17, 2020

Dec. 17, 2020

Complaint
31

2:20-cv-00135

Order

Georgia Republican Party, Inc., et al. v. Raffensperger, et al.

Dec. 18, 2020

Dec. 18, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18239282/georgia-republican-party-inc-v-raffensperger/

Last updated Aug. 9, 2025, 10:42 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Georgian for Kelly Loeffler, Georgia Republican Party, Inc., National Republican Senatorial Committee, Bethany Ballard, Jean M. Seaver, Ashley Gilles, Perdue For Senate. $402.00 Filing Fee Paid - Receipt Number: AGASDC-2989112. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet). (csr) (Entered: 12/17/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on RECAP

9 Civil Cover Sheet

View on PACER

Dec. 17, 2020

Dec. 17, 2020

Clearinghouse
2

RULE 26(f) ORDER. Signed by Magistrate Judge Benjamin W. Cheesbro on 12/17/2020. (csr) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
3

*******Emergency MOTION for Temporary Restraining Order and, Emergency MOTION for Preliminary Injunction and Incorporated Memorandum of Law and to Waive LR 7.7 Time Requirements by Bethany Ballard, Georgia Republican Party, Inc., Georgian for Kelly Loeffler, Ashley Gilles, National Republican Senatorial Committee, Perdue For Senate, Jean M. Seaver. Responses due by 12/31/2020. (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

Clearinghouse
4

MOTION for Leave to Appear Pro Hac Vice on behalf of George Meros Jr. Receipt Number AGASDC-2989572, Fee Amount $200, by Bethany Ballard, Georgia Republican Party, Inc., Georgian For Kelly Loeffler, Ashley Gilles, National Republican Senatorial Committee, Perdue For Senate, Jean M. Seaver. Responses due by 12/31/2020. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Statement of Cases, # 3 Text of Proposed Order Proposed Order of Admission)(York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice on behalf of Benjamin J. Gibson Receipt Number AGASDC-2989573, Fee Amount $200, by Bethany Ballard, Georgia Republican Party, Inc., Georgian For Kelly Loeffler, Ashley Gilles, National Republican Senatorial Committee, Perdue For Senate, Jean M. Seaver. Responses due by 12/31/2020. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Statement of Cases, # 3 Text of Proposed Order Proposed Order of Admission)(York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
6

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

MOTIONS REFERRED: 4 MOTION for Leave to Appear Pro Hac Vice on behalf of George Meros Jr. Receipt Number AGASDC-2989572, Fee Amount $200, 5 MOTION for Leave to Appear Pro Hac Vice on behalf of Benjamin J. Gibson Receipt Number AGASDC-2989573, Fee Amount $200.00. (csr)

Dec. 17, 2020

Dec. 17, 2020

PACER
7

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
8

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
9

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
10

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
11

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
12

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
13

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
14

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
15

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
16

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
17

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
18

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
19

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
20

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
21

Summons Submitted (York, Jeffrey) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
22

Summons Issued as to All Defendants. (MG) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER

NOTICE of Hearing on Motion by Electronic Means (VTC) 3 Emergency MOTION for Temporary Restraining Order and Emergency MOTION for Preliminary Injunction and Incorporated Memorandum of Law and to Waive LR 7.7 Time Requirements : Motion Hearing set for 12/18/2020 03:00 PM in BWK-DistVTC before Judge Lisa G. Wood. Parties to receive Video Conference instructions via email. For Public access to this hearing, please dial 1-888-684-8852, enter the call access code 2296092 and enter the security code 1234. (WS)

Dec. 18, 2020

Dec. 18, 2020

PACER
23

TEXT ORDER granting 4 MOTION for Leave to Appear Pro Hac Vice by George N. Meros, Jr. Jeffrey S. York has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on December 18, 2020. (edd) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
24

TEXT ORDER granting 5 MOTION for Leave to Appear Pro Hac Vice by Benjamin J. Gibson. Jeffrey S. York has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on December 18, 2020. (edd) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
25

NOTICE of Appearance by Benjamin Mason Perkins on behalf of Marianne Heimes, Malinda Hodge, Antwan Lang, Thomas Mahoney, III, Debbie Rauers (Perkins, Benjamin) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
26

NOTICE of Appearance by Ralph Jonathan Hart and Jennifer Davenport on behalf of Thomas Mahoney, III, Marianne Heimes, Malinda Hodge, Antwan Lang, and Debbie Rauers (Hart, Ralph). Modified on 12/18/2020 (MG) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
27

NOTICE of Appearance by Russell David Willard on behalf of Brad Raffensperger, Rebbecca Sullivan (Willard, Russell) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
28

AFFIDAVIT of Russell Bridges by Thomas Mahoney, III. (Davenport, Jennifer) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

RECAP
29

Emergency MOTION to Intervene by Democratic Party of Georgia, Inc., DSCC. Responses due by 1/1/2021. (Attachments: # 1 Exhibit 1 - Proposed Answer)(Lewis, Joyce) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
30

Minute Entry for proceedings held before Judge Lisa G. Wood: Motion Hearing held on 12/18/2020 re 3 Emergency MOTION for Temporary Restraining Order and Emergency MOTION for Preliminary Injunction and Incorporated Memorandum of Law and to Waive LR 7.7 Time Requirements filed by Jean M. Seaver, Ashley Gilles, Perdue For Senate, Bethany Ballard, Georgia Republican Party, Inc., Georgians For Kelly Loeffler, National Republican Senatorial Committee. (Court Reporter Victoria Root.) (WS) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

RECAP
31

ORDER - The Court DISMISSES Plaintiffs' Complaint, dkt. no. 1, for lack of standing, and DENIES AS MOOT Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction, dkt. no. 3. Accordingly, this case is DISMISSED WITH PREJUDICE. The Clerk is directed to TERMINATE all motions and deadlines and CLOSE this case. Signed by Judge Lisa G. Wood on 12/18/2020`. (WS) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

Clearinghouse

TEXT ORDER finding as moot 29 Motion to Intervene. Signed by Judge Lisa G. Wood on 12/18/2020. (WS)

Dec. 18, 2020

Dec. 18, 2020

PACER
32

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on December 18, 2020, before Judge Lisa Godbey Wood. Court Reporter: Victoria L. Root, CCR; Telephone Number: (912) 650-4066; Tape Number: FTR. 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. (Transcript Redaction Policy Issued or Click here to view Transcript Redaction Policy) Redaction Request due 1/18/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/28/2021. (Root, Victoria) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

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: Dec. 17, 2020

Closing Date: Dec. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Georgia Republican Party, Inc. (a state committee, GA political party and official Republican Party organization of GA); National Republican Senatorial Committee (Republican political committee and national political party); Perdue for Senate (principal campaign committee supporting David A. Perdue's campaign for US Senate); Georgians for Kelly Loeffler (principal campaign committee supporting Kelly L. Loeffler's campaign for US Senate); Bethany Ballard (GA resident); Ashley Gilles (GA resident); and Jean M. Seaver (GA resident).

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Georgia (Alanta, Fulton), State

Georgia State Election Board (Alanta, Fulton), State

Glynn County Board of Elections (Brunswick, Glynn), County

Chatham County Board of Elections (Savannah, Chatham), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Vote Counting

Voter Registration

Issues

Voting:

Election administration

Vote dilution

Voter registration rules

Voting: General & Misc.