Case: Twelfth Congressional District Republican Committee v. Raffensperger

1:20-cv-00180 | U.S. District Court for the Southern District of Georgia

Filed Date: Dec. 9, 2020

Closed Date: March 31, 2021

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Case Summary

This case is about certain voting rules and procedures regarding absentee ballots in the state of Georgia. On December 9, 2020, The Twelfth Congressional District Republican Committee, along with registered voters from Richmond County and Coffee County, Georgia, respectively, and a third Georgia resident, filed this lawsuit in the United States District Court for the Southern District of Georgia. The plaintiffs sued three members of the Georgia State Election Board (“SEB”) and five members of t…

This case is about certain voting rules and procedures regarding absentee ballots in the state of Georgia.

On December 9, 2020, The Twelfth Congressional District Republican Committee, along with registered voters from Richmond County and Coffee County, Georgia, respectively, and a third Georgia resident, filed this lawsuit in the United States District Court for the Southern District of Georgia. The plaintiffs sued three members of the Georgia State Election Board (“SEB”) and five members of the Richmond County Board of Elections under the U.S. Constitution, Georgia statutes, and the Georgia Constitution. Represented by private counsel, the plaintiffs sought injunctive and declaratory relief. They claimed that the defendants’ new rules and procedures for absentee voting violated the U.S. Constitution and applicable Georgia law, specifically challenging the use of drop boxes for receipt of absentee ballots, the opening of absentee ballot envelopes before Election Day, and the guidance on absentee ballot signature review. 

Plaintiffs’ complaint had five counts. First, defendants’ new rules, SEB Rule 183-1-14-0.6-.14 (Advance Voting) and 183-1-14-0.9-.15 (Vote Absentee Ballots) ("new rules and procedures") exceeded the power granted to them by Art. 1, Sec. 4, Cl. 2 of the U.S. Constitution (which grants state legislatures the power to establish election rules). As a result, plaintiffs claimed that they suffered harm in the form of unequal treatment based on political party and by the denial of their right of freedom of association. Second, defendants’ new rules and procedures violated Art. II, Sec. 1, Cl. 2 of the U.S. Constitution for essentially the same reasons and resulting in the same harm as Count I. Third, defendants’ new rules and procedures violated the First Amendment’s right to freedom of association as they increased the likelihood that illicit absentee ballots will be included in the final vote count due to a break in the chain of ballot custody, resulting in plaintiffs having to focus their energy and resources to address this issue. Fourth, defendants violated the Equal Protection Clause through their disparate treatment of in-person voters and absentee ballots, as well as prevention of plaintiffs from observing the vote count. Fifth, defendants violated the Georgia Constitution and statutes by exceeding their promulgated power when creating their new rules and procedures, resulting in the unlawful burden on plaintiffs’ exercise of the right to vote and the right to be free from arbitrary action by government officials.

Plaintiffs sought order and judgment declaring the new rules and procedures violated the U.S. Constitution and Georgia Statutes and would result in disparate treatment of plaintiffs. Plaintiffs also sought temporary, preliminary, and permanent order enjoining defendants to verify absentee signatures, allow monitors of the verification process, and prohibit absentee drop boxes.

The Democratic Party of Georgia (“DPG”) intervened as a defendant on December 14, 2020, and the Georgia NAACP, GCPA, and one individual intervened as defendants on December 16, 2020. On December 15, 2020, Defendants filed multiple motions to dismiss and responses in opposition to Plaintiffs’ Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Defendants’ motions to dismiss were for lack of subject matter jurisdiction, insufficient service, and failure to state a claim. All arguments were presented in the consolidated brief in opposition to Plaintiffs’ Emergency Motion. Defendants argued that case law does not favor disruption of voting rules during or right before elections. Defendants also argued that plaintiffs did not show any harm or fraud. 

A hearing on Plaintiffs’ Complaint and Emergency Motion and Defendants’ Motions to Dismiss was held on December 17, 2020. The Court granted dismissal and denied as moot the Plaintiffs’ Emergency Motion. The Court dismissed the case with prejudice, and plaintiffs appealed to the United States Court of Appeals for the Eleventh Circuit on January 15, 2021. Twelfth Cong. Dist. Republican Comm. v. Raffensperger, No. CV 120-180, 2020 U.S. Dist. LEXIS 237625 (S.D. Ga. Dec. 17, 2020).

The Eleventh Circuit dismissed the case on March 31, 2021. Tucker v. Secretary, No. 21-10183-CC, 2021 U.S. App. LEXIS 12205 (11th Cir. Mar. 31, 2021).

The case is now closed. 

Summary Authors

(7/17/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18731223/parties/the-twelfth-congressional-district-republican-committee-v-raffensperger/


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Documents in the Clearinghouse

Document
1

1:20-cv-00180

Complaint for Injunctive and Declaratory Relief

The Twelfth Congression, et al. v. Raffensperger, et al.

Dec. 9, 2020

Dec. 9, 2020

Complaint
2

1:20-cv-00180

Plaintiffs' Emergency Motion for TRO and Preliminary Injunction

The Twelfth Congression, et al. v. Raffensperger, et al.

Dec. 9, 2020

Dec. 9, 2020

Pleading / Motion / Brief
10

1:20-cv-00180

Proposed Intervenor- Defendants' Motion to Intervene

The Twelfth Congression, et al. v. Raffensperger, et al.

Dec. 11, 2020

Dec. 11, 2020

Pleading / Motion / Brief
15

1:20-cv-00180

Proposed Intervenor-Defendants' Proposed Answer to Plaintiffs' Complaint for Injunctive and Declaratory Relief

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 14, 2020

Dec. 14, 2020

Pleading / Motion / Brief
14

1:20-cv-00180

Order

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 14, 2020

Dec. 14, 2020

Order/Opinion
27

1:20-cv-00180

State Defendants' Motion to Dismiss

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 15, 2020

Dec. 15, 2020

Pleading / Motion / Brief
28

1:20-cv-00180

Motion to Dismiss Plaintiffs' Complaint for Injunctive and Declaratory Relief

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 15, 2020

Dec. 15, 2020

Pleading / Motion / Brief
26

1:20-cv-00180

State Defendants' Consolidated Brief in Support of their Motion to Dismiss and Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 15, 2020

Dec. 15, 2020

Pleading / Motion / Brief
31

1:20-cv-00180

Motion to Intervene and Incorporated Memorandum in Support Thereof by Proposed Intervenor-Defendants Georgia State Conference of the NAACP, Georgia Coalition for the People’s Agenda, Inc., and Helen Butler

The Twelfth Congression v. Raffensperger

Dec. 15, 2020

Dec. 15, 2020

Pleading / Motion / Brief
30

1:20-cv-00180

Intervenor-Defendants' Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

The Twelfth Congressional District Republican Committee v. Raffensperger

Dec. 15, 2020

Dec. 15, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18731223/the-twelfth-congressional-district-republican-committee-v-raffensperger/

Last updated Jan. 30, 2025, 6:08 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all Defendants, filed by Brian W. Tucker, Edward T. Metz, The Twelfth Congressional District Republican Committee, Cathy A. Latham. (Fee paid: Receipt # AGASDC-2983503, $402.00.) (Attachment: # 1 Civil Cover Sheet.) (jlh) (Entered: 12/10/2020)

1 Civil Cover Sheet

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Dec. 9, 2020

Dec. 9, 2020

RECAP
2

MOTION for Temporary Restraining Order, by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. Responses due by 12/23/2020. (jlh) (Entered: 12/10/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
3

Summons Issued as to Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Anh Lee, Tim McFalls, Bradford J. Raffensperger, Rebecca N. Sullivan, and David J. Worley. (jlh) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP

Motions Referred

Dec. 10, 2020

Dec. 10, 2020

PACER
4

RULE 26(f) ORDER. Signed by Magistrate Judge Brian K. Epps on 12/10/2020. (Attachments: # 1 Civil Case Forms.) (jlh) (Entered: 12/10/2020)

1 Civil Case Forms

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Dec. 10, 2020

Dec. 10, 2020

PACER
5

Disclosure Statement pursuant to Local Rule 7.1.1 by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker, Corporate Disclosure Statement by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. (Vines, Johnny) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
6

First MOTION for Leave to Appear Pro Hac Vice Receipt Number AGASDC-2984159, Fee Amount $200, by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. Responses due by 12/24/2020. (Attachments: # 1 Notice of Filing In Support of Pro Hac Vice Applications, # 2 Proposed Order)(Vines, Johnny) (Additional attachment(s) added on 12/10/2020: # 3 Signed Cert of Good Standing) (pts). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
7

Second MOTION for Leave to Appear Pro Hac Vice Receipt Number AGASDC-2984179, Fee Amount $200, by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. Responses due by 12/24/2020. (Attachments: # 1 Notice of Filing In Support of Pro Hac Vice, # 2 Proposed Order)(Vines, Johnny) (Additional attachment(s) added on 12/10/2020: # 3 Signed Cert of Good Standing) (pts). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
8

Third MOTION for Leave to Appear Pro Hac Vice Receipt Number AGASDC-2984187, Fee Amount $200, by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. Responses due by 12/24/2020. (Attachments: # 1 Proposed Order, # 2 Notice of Filing In Support of Pro Hac Vice)(Vines, Johnny) (Additional attachment(s) added on 12/10/2020: # 3 Signed Cert of Good Standing) (pts). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER

MOTIONS REFERRED: 6 - 8 PHV Motions. (pts)

Dec. 10, 2020

Dec. 10, 2020

PACER
9

TEXT ORDER granting 6 Motion for Leave to Appear Pro Hac Vice; granting 7 Motion for Leave to Appear Pro Hac Vice; and granting 8 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Brian K. Epps on 12/11/2020. (cjc) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
10

MOTION to Intervene as Defendants by Democratic Party of Georgia, Inc., DSCC. Responses due by 12/25/2020. (Attachments: # 1 Ex. 1 - Proposed Intervenor-Defendants' Proposed Answer to Plaintiffs' Complaint)(Lewis, Joyce) (Entered: 12/11/2020)

1 Ex. 1 - Proposed Intervenor-Defendants' Proposed Answer to Plaintiffs'

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Dec. 11, 2020

Dec. 11, 2020

RECAP
11

Corporate Disclosure Statement by DSCC, Democratic Party of Georgia, Inc.. (Lewis, Joyce) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice of Adam M. Sparks Receipt Number BGASDC-2985220, Fee Amount $200, by DSCC, Democratic Party of Georgia, Inc.. Responses due by 12/25/2020. (Lewis, Joyce) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
13

NOTICE of Deficiency re 12 MOTION for Leave to Appear Pro Hac Vice of Adam M. Sparks. Set/Reset Deadlines: Compliance due by 12/16/2020. (pts) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

Set Motion and R&R Deadlines/Hearings

Dec. 14, 2020

Dec. 14, 2020

PACER
14

ORDER granting 10 Motion to Intervene. The Court Orders Intervenor-Defendants to file a response to Plaintiffs' 2 Emergency Motion by 7:00 P.M., Tuesday, December 15, 2020. Signed by Chief Judge J. Randal Hall on 12/14/2020. (pts)

Dec. 14, 2020

Dec. 14, 2020

RECAP

Motions Referred

Dec. 14, 2020

Dec. 14, 2020

PACER
15

ANSWER to Complaint by DSCC, Democratic Party of Georgia, Inc.(pts) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

RECAP

Set/Reset Deadlines as to 2 MOTION for Temporary Restraining Order. Responses due by 12/15/2020. (pts)

Dec. 14, 2020

Dec. 14, 2020

PACER
16

NOTICE by DSCC, Democratic Party of Georgia, Inc. re 12 MOTION for Leave to Appear Pro Hac Vice of Adam M. Sparks Receipt Number BGASDC-2985220, Fee Amount $200, (Attachments: # 1 Exhibit Certificate of Good Standing_Adam M. Sparks)(Lewis, Joyce) (Entered: 12/14/2020)

1 Exhibit Certificate of Good Standing_Adam M. Sparks

View on PACER

Dec. 14, 2020

Dec. 14, 2020

PACER

MOTIONS REFERRED: 12 MOTION for Leave to Appear Pro Hac Vice of Adam M. Sparks. (pts)

Dec. 14, 2020

Dec. 14, 2020

PACER
17

ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order: Motion Hearing set for 12/17/2020 10:00 AM in AUG-DistVTC before Chief Judge J. Randal Hall. THE COURT ORDERS that Plaintiffs shall perfect service on Defendants by 9:00 P.M. EST Today, December 14, 2020. Should any party require a subpoena from the Court, counsel shall notify the Courtroom Deputy Clerk in advance and in no event later than 4PM on 12/15/2020. Exhibits shall be provided to the Courtroom Deputy Clerk no later than 12:00PM EST on 12/16/2020. Defendants and Intervenor-Defendants shall file their briefs in opposition to 2 by 12/15/2020 at 9:00PM EST. Plaintiff's reply briefs or any responses to a motion to dismiss or any other motion filed by Defendants and Intervenor-Defendants will be due on Wednesday, 12/16/2020, by 3:00PM EST. Signed by Chief Judge J. Randal Hall on 12/14/2020. (pts) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

RECAP
18

NOTICE of Hearing on Motion by Electronic Means 2 MOTION for Temporary Restraining Order: Motion Hearing set for 12/17/2020 10:00 AM in AUG-DistVTC before Chief Judge J. Randal Hall. *VTC information provided to parties via email. The dedicated public access lines are: Phone # 1-877-873-8017; Access Code: 7091723; Security Code: 1234 OR Phone # 1-888-684-8852; Access Code: 8878734; Security Code: 1234.(lcw) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
19

MOTION for Leave to Appear Pro Hac Vice of Marc E. Elias Receipt Number AGASDC-2986337, Fee Amount $200, by DSCC, Democratic Party of Georgia, Inc.. Responses due by 12/28/2020. (Lewis, Joyce) (Additional attachment(s) added on 12/15/2020: # 1 Flattened PDF) (pts). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
20

MOTION for Leave to Appear Pro Hac Vice of Amanda R. Callais Receipt Number AGASDC-2986338, Fee Amount $200, by DSCC, Democratic Party of Georgia, Inc.. Responses due by 12/28/2020. (Lewis, Joyce) (Additional attachment(s) added on 12/15/2020: # 1 Flattened PDF) (pts). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
21

MOTION for Leave to Appear Pro Hac Vice of John M. Geise Receipt Number AGASDC-2986339, Fee Amount $200, by DSCC, Democratic Party of Georgia, Inc.. Responses due by 12/28/2020. (Lewis, Joyce) (Additional attachment(s) added on 12/15/2020: # 1 Flattened PDF) (pts). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

Motions Referred

Dec. 15, 2020

Dec. 15, 2020

PACER

MOTIONS REFERRED: 19 MOTION for Leave to Appear Pro Hac Vice of Marc E. Elias 20 MOTION for Leave to Appear Pro Hac Vice of Amanda R. Callais 21 MOTION for Leave to Appear Pro Hac Vice of John M. Geise (pts)

Dec. 15, 2020

Dec. 15, 2020

PACER
22

TEXT ORDER granting 12 Motion for Leave to Appear Pro Hac Vice; granting 19 Motion for Leave to Appear Pro Hac Vice; granting 20 Motion for Leave to Appear Pro Hac Vice; and granting 21 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Brian K. Epps on 12/15/2020. (cjc) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
23

NOTICE by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker Certificate of Substantial Compliance (Attachments: # 1 Exhibit A - D)(Kachouroff, Christopher) (Entered: 12/15/2020)

1 Exhibit A - D

View on RECAP

Dec. 15, 2020

Dec. 15, 2020

RECAP
24

NOTICE of Appearance by Russell David Willard on behalf of Anh Le, Matthew Mashburn, Bradford J. Raffensperger, Rebecca N. Sullivan, David J. Worley (Willard, Russell) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
25

NOTICE of Filing by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker re 2 MOTION for Temporary Restraining Order Declaration of Cathy Latham (Kachouroff, Christopher) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
26

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Anh Le, Matthew Mashburn, Bradford J. Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Declaration in Support of Response in Opposition)(Willard, Russell) (Entered: 12/15/2020)

1 Exhibit Declaration in Support of Response in Opposition

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Dec. 15, 2020

Dec. 15, 2020

RECAP
27

MOTION to Dismiss by Anh Le, Matthew Mashburn, Bradford J. Raffensperger, Rebecca N. Sullivan, David J. Worley. Responses due by 12/29/2020. (Willard, Russell) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

RECAP
28

******* MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls. Responses due by 12/29/2020. (Attachments: # 1 Briefs Brief in Support of Motion)(Tyson, Bryan) (Entered: 12/15/2020)

1 Briefs Brief in Support of Motion

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Dec. 15, 2020

Dec. 15, 2020

RECAP
29

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls. (Attachments: # 1 Exhibit A - Dec. of Lynn Bailey)(Tyson, Bryan) (Entered: 12/15/2020)

1 Exhibit A - Dec. of Lynn Bailey

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Dec. 15, 2020

Dec. 15, 2020

RECAP
30

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by DSCC, Democratic Party of Georgia, Inc.. (Attachments: # 1 Ex. 1 - Pearson v. Kemp Hr'g Tr., # 2 Ex. 2 - Boland v. Raffensperger Order)(Lewis, Joyce) (Entered: 12/15/2020)

1 Ex. 1 - Pearson v. Kemp Hr'g Tr.

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2 Ex. 2 - Boland v. Raffensperger Order

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Dec. 15, 2020

Dec. 15, 2020

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31

MOTION for Judgment Debtor Exam VOID, MOTION to Intervene by Georgia State Conference of the NAACP,, Georgia Coalition for the Peoples Agenda, Inc. (GCPA), Helen Butler. Responses due by 12/29/2020. (Attachments: # 1 Affidavit Woodall Dec, # 2 Affidavit Butler Dec, # 3 Affidavit Powers Dec., # 4 Exhibit Prop Answ of Intervenors, # 5 Briefs Prop Brief Opp TRO by Ivrs, # 6 Text of Proposed Order Granting Intervention, # 7 Text of Proposed Order Denying TRO)(Batson, John) (Entered: 12/15/2020)

1 Affidavit Woodall Dec

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2 Affidavit Butler Dec

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3 Affidavit Powers Dec.

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4 Exhibit Prop Answ of Intervenors

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5 Briefs Prop Brief Opp TRO by Ivrs

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6 Text of Proposed Order Granting Intervention

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7 Text of Proposed Order Denying TRO

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Dec. 15, 2020

Dec. 15, 2020

RECAP
32

MOTION for Leave to Appear Pro Hac Vice of Laura Hill Receipt Number AGASDC-2987420, Fee Amount $200, by DSCC, Democratic Party of Georgia, Inc.. Responses due by 12/29/2020. (Attachments: # 1 Ex. 1 - L. Hill Certificate of Good Standing)(Lewis, Joyce) (Additional attachment(s) added on 12/16/2020: # 2 Flattened PDF) (pts). (Additional attachment(s) added on 12/16/2020: # 3 Statement of Cases) (pts). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
33

MOTION for Leave to Appear Pro Hac Vice Julie Marie Houk Receipt Number AGASDC-2987424, Fee Amount $200, by Helen Butler. Responses due by 12/29/2020. (Attachments: # 1 Exhibit Ex. A Other cases in District, # 2 Exhibit Ex. B cert god stand ND Ca Houk, # 3 Text of Proposed Order Order admitting JHouk PHV)(Batson, John) (Entered: 12/15/2020)

1 Exhibit Ex. A Other cases in District

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2 Exhibit Ex. B cert god stand ND Ca Houk

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3 Text of Proposed Order Order admitting JHouk PHV

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Dec. 15, 2020

Dec. 15, 2020

PACER

MOTIONS REFERRED: 33 MOTION for Leave to Appear Pro Hac Vice Julie Marie Houk. (pts)

Dec. 16, 2020

Dec. 16, 2020

PACER
34

RESPONSE in Opposition re 31 MOTION for Judgment Debtor Exam VOID MOTION to Intervene filed by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. (Kachouroff, Christopher) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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35

NOTICE of Appearance by Diane Festin LaRoss on behalf of Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls (LaRoss, Diane) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
36

MOTION for Leave to Appear Pro Hac Vice for Bryan P. Tyson Receipt Number AGASDC-2987551, Fee Amount $200, by Sherry T. Barnes, Marcia Brown, Terence Dicks, Bob Finnegan, Tim McFalls. Responses due by 12/30/2020. (LaRoss, Diane) (Additional attachment(s) added on 12/16/2020: # 1 Corrected Application) (pts). (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
37

TEXT ORDER granting 33 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Brian K. Epps on 12/16/2020. (cjc) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
38

ORDER granting 31 Motion to Intervene. The Clerk is directed to add the herein named Intervenor-Defendants as parties to this case. Signed by Chief Judge J. Randal Hall on 12/16/2020. (pts)

Dec. 16, 2020

Dec. 16, 2020

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39

ANSWER to Complaint by Helen Butler, Georgia Coalition for the Peoples Agenda, Inc. (GCPA), Georgia State Conference of the NAACP.(pts) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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40

Brief in Opposition re 2 MOTION for Temporary Restraining Order filed by Helen Butler, Georgia Coalition for the Peoples Agenda, Inc. (GCPA), Georgia State Conference of the NAACP. (pts) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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MOTIONS REFERRED: 32 MOTION for Leave to Appear Pro Hac Vice of Laura Hill. (pts)

Dec. 16, 2020

Dec. 16, 2020

PACER

MOTIONS REFERRED: 36 MOTION for Leave to Appear Pro Hac Vice for Bryan P. Tyson (pts)

Dec. 16, 2020

Dec. 16, 2020

PACER
41

MOTION for Leave to Appear Pro Hac Vice by Tim McFalls. Responses due by 12/30/2020. (LaRoss, Diane) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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MOTIONS REFERRED: 41 MOTION for Leave to Appear Pro Hac Vice. (pts)

Dec. 16, 2020

Dec. 16, 2020

PACER

PRO HAC VICE PAID for Attorney Bryan Jacoutot re Tim McFalls; Amount $200.00, Receipt # AUG028644, Date: 12/16/2020. (jlh)

Dec. 16, 2020

Dec. 16, 2020

PACER
42

TEXT ORDER granting 32 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Brian K. Epps on 12/16/2020. (cjc) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
43

TEXT ORDER granting 36 Motion for Leave to Appear Pro Hac Vice; and granting 41 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Brian K. Epps on 12/16/2020. (cjc) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
44

REPLY to Response to Motion re 27 MOTION to Dismiss, 10 MOTION to Intervene as Defendants, 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 31 MOTION for Judgment Debtor Exam VOID MOTION to Intervene Reply to All Defendants' Opposition filed by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. (Kachouroff, Christopher) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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45

AFFIDAVIT in Opposition re 27 MOTION to Dismiss Rebuttal Declaration of Alex Chilton filed by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. (Kachouroff, Christopher) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

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46

Minute Entry for proceedings held by video teleconference before Chief Judge J. Randal Hall: Motion Hearing held on 12/17/2020 re 2 MOTION for Temporary Restraining Order filed by Edward T. Metz, Cathy A. Latham, Brian W. Tucker, The Twelfth Congressional District Republican Committee, 27 MOTION to Dismiss filed by David J. Worley, Rebecca N. Sullivan, Bradford J. Raffensperger, Anh Le, Matthew Mashburn, 10 MOTION to Intervene as Defendants filed by DSCC, Democratic Party of Georgia, Inc. Court to enter an Order. (Court Reporter Lisa Davenport.) (cjc) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

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47

ORDER granting 27 Motion to Dismiss and 28 Motion to Dismiss; denying as moot 2 Motion for TRO. This case is dismissed with prejudice and stands closed. Signed by Chief Judge J. Randal Hall on 12/17/2020. (pts)

Dec. 17, 2020

Dec. 17, 2020

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48

CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/17/2020. (pts) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
49

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing held on 12/17/2020, before Judge JRH. Court Reporter/Transcriber Lisa Davenport, Telephone number 706-823-6468. 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 1/22/2021. Redacted Transcript Deadline set for 2/1/2021. Release of Transcript Restriction set for 4/1/2021. (Davenport, Lisa) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

PACER
50

NOTICE OF APPEAL as to 47 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for TRO, 48 Clerk's Judgment by Cathy A. Latham, Edward T. Metz, The Twelfth Congressional District Republican Committee, Brian W. Tucker. Filing fee $ 505, receipt number AGASDC-3012366. (Kachouroff, Christopher) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
51

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 47 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for TRO 50 Notice of Appeal. Other Appeals: No; Judge Appealed: Hall; Court Reporter: Davenport; Fee Paid: Yes; Pending COA/IFP: N/A. (Attachments: # 1 Docket Sheet, # 2 Documents)(pts) (Entered: 01/19/2021)

1

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Jan. 19, 2021

Jan. 19, 2021

RECAP
52

USCA Case Number 21-10183-CC for 50 Notice of Appeal, filed by Edward T. Metz, Cathy A. Latham, Brian W. Tucker, The Twelfth Congressional District Republican Committee. (pts) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER

F.R.A.P. Certificate of Readiness re 50 Notice of Appeal. The entire record on appeal is available electronically. (pts)

Jan. 21, 2021

Jan. 21, 2021

PACER
53

MANDATE of USCA as to 50 Notice of Appeal. (maa) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
54

ORDERED that the Mandate of the Eleventh Circuit, U.S. Court of Appeals, is made the judgment of this court. Signed by Chief Judge J. Randal Hall on 4/6/21. (loh) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

RECAP

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 9, 2020

Closing Date: March 31, 2021

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The Twelfth Congressional District Republican Committee; a registered voter from Richmond County, GA; a registered voter from Coffee County, GA; a resident and registered voter of the State of Georgia.

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

Georgia State Election Board (Atlanta, Fulton), State

Georgia Secretary of State (Atlanta, Fulton), State

Richmond County Board of Elections (Augusta, Richmond), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Voting:

Voting: General & Misc.