Case: Majority Forward v. Ben Hill County Board

1:20-cv-00266 | U.S. District Court for the Middle District of Georgia

Filed Date: Dec. 23, 2020

Closed Date: Jan. 25, 2021

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Case Summary

This is a case about alleged voter suppression in the state of Georgia. On December 23, 2020, Gamaliel Warren Turner, a registered Georgia voter, and Majority Forward, a not-for-profit organization “created to support voter registration and voter turnout efforts” (Dkt. 1, 4), filed suit in the District Court for the Middle District of Georgia against Defendants, election officials for Ben Hill County, Georgia and Muscogee County, Georgia. Plaintiffs claimed that, by challenging voter registrati…

This is a case about alleged voter suppression in the state of Georgia.

On December 23, 2020, Gamaliel Warren Turner, a registered Georgia voter, and Majority Forward, a not-for-profit organization “created to support voter registration and voter turnout efforts” (Dkt. 1, 4), filed suit in the District Court for the Middle District of Georgia against Defendants, election officials for Ben Hill County, Georgia and Muscogee County, Georgia. Plaintiffs claimed that, by challenging voter registration of voters whose names appeared in the United States Postal Service’s National Change of Address database, Defendants engaged in voter suppression. The case was assigned to Judge Leslie Abrams Gardner.

On December 27, 2020, Plaintiffs filed a motion for a temporary restraining order enjoining 
Defendants from preventing challenged voters in Defendant Counties from casting regular ballots. The Court granted the motion the following day. 

On December 29, 2020, an Amended Complaint was filed, adding as plaintiff Debra Lewis, a registered Georgia voter whose registration had been challenged by Ben Hill officials after she had temporarily changed her mailing address while staying with her boyfriend in Missouri in 2018 and 2019. 

Plaintiffs claimed that Defendants violated the National Voter Registration Act, which (i) requires that “[a] State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters” (52 U.S.C. Section 20507(c)(2)(A)); and (ii) prohibits the removal of individuals from voter registration lists unless strict procedures are followed (52 U.S.C. Section 20507(d)). They also claimed that Defendants violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment by unduly burdening the right to vote.

Plaintiffs sought declaratory relief, as well as injunctive relief to enjoin Defendants from (i) removing voters from registration lists on the basis of data obtained from the National Change of Address database, (ii) preventing those voters whose registration had been challenged on such basis from voting in the upcoming runoff elections, and (iii) requiring such voters to cast a provisional ballot and present additional evidence of eligibility.

In response to the Amended Complaint, and in opposition to the motion for injunctive relief, Muscogee County Defendants argued that their actions were not in violation of the National Voter Registration Act nor the U.S. Constitution, as they had not at that time removed any voter from the list of eligibility voters in the election. They stated that none of the challenged voters’ ballots would have been rejected absent clear and convincing evidence that the voter was not a Georgia resident. Ben Hill County Defendants argued that they had not acted in bad faith or with partisan motivations. They also claimed that procedures as to conducting investigations and hearings as to the challenged voters had since been implemented. They noted that no voter had been taken off the voter registration list at that time.

On December 30, 2021, The Court rejected Plaintiff’s request for injunctive relief as to the Ben Hill Defendants, as Plaintiffs failed to sufficiently argue that there was substantial likelihood of success on the merits. The Court granted partial injunctive relief as to the Muscogee Defendants, which was to remain in effect until January 8, 2021.

On January 25, 2021, Plaintiffs voluntarily dismissed the other claims and causes of action made in their Amended Complaint.

The case is now closed.

Summary Authors

Kirby Shilling (5/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/22294947/parties/majority-forward-v-ben-hill-county-board-of-elections/


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Documents in the Clearinghouse

Document
1

1:20-cv-00266

Complaint for Declaratory and Injunctive Relief

Majority Forward v. Ben Hill County Board O

Dec. 23, 2020

Dec. 23, 2020

Complaint
5

1:20-cv-00266

Plaintiffs' Motion for Temporary Restraining Order

Dec. 27, 2020

Dec. 27, 2020

Pleading / Motion / Brief
5-1

1:20-cv-00266

Plaintiffs' Memorandum of Law in Support of Motion for TRO

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 27, 2020

Dec. 27, 2020

Pleading / Motion / Brief
7

1:20-cv-00266

Motion for Recusal

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
11

1:20-cv-00266

Motion to Sever Claims and Transfer Venue

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
12

1:20-cv-00266

Order

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 28, 2020

Dec. 28, 2020

Order/Opinion

509 F.Supp.3d 1348

11-1

1:20-cv-00266

Brief in Support of Motion to Sever Claims and Transfer Venue

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
24

1:20-cv-00266

Motion to Stay and Memorandum of Law in Support

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 29, 2020

Dec. 29, 2020

Pleading / Motion / Brief
20

1:20-cv-00266

Amended Complaint for Declaratory and Injunctive Relief

Majority Forward, Et Al V. Ben Hill County Board O, Et Al

Dec. 29, 2020

Dec. 29, 2020

Pleading / Motion / Brief
23

1:20-cv-00266

Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order

Dec. 29, 2020

Dec. 29, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/22294947/majority-forward-v-ben-hill-county-board-of-elections/

Last updated Aug. 9, 2025, 10:38 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3664843, $402 filed by All Plaintiffs (Attachments: # 1 Exhibit A - Schmitz Final Order, # 2 Exhibit B - Russell Mass Challenge Letter, # 3 Civil Cover Sheet)(SPARKS, ADAM) (Entered: 12/23/2020)

1 Exhibit A - Schmitz Final Order

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2 Exhibit B - Russell Mass Challenge Letter

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3 Civil Cover Sheet

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Dec. 23, 2020

Dec. 23, 2020

Clearinghouse

Notice of Deficiency

Dec. 23, 2020

Dec. 23, 2020

PACER

Notice of Deficiency (related document(s): 1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE.(bcl)

Dec. 23, 2020

Dec. 23, 2020

PACER

Notice to Attorney Re: Admissions Requirement

Dec. 23, 2020

Dec. 23, 2020

PACER

NOTICE TO COUNSEL MARC E ELIAS, UZOMA NKWONTA, JACOB D SHELLY - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(bcl)

Dec. 23, 2020

Dec. 23, 2020

PACER
2

ORDER SETTING HEARING: re 1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Evidentiary Hearing set for 12/30/2020 10:00 AM in Albany before US DISTRICT JUDGE LESLIE ABRAMS GARDNER. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/24/2020. (kcg) (Entered: 12/24/2020)

Dec. 24, 2020

Dec. 24, 2020

RECAP
3

NOTICE of Attorney Appearance by THOMAS F GRISTINA on behalf of NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE Attorney THOMAS F GRISTINA added to party NANCY BOREN(pty:dft), Attorney THOMAS F GRISTINA added to party MARGARET JENKINS(pty:dft), Attorney THOMAS F GRISTINA added to party MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION(pty:dft), Attorney THOMAS F GRISTINA added to party LINDA PARKER(pty:dft), Attorney THOMAS F GRISTINA added to party UHLAND ROBERTS(pty:dft), Attorney THOMAS F GRISTINA added to party DIANE SCRIMPSHIRE(pty:dft), Attorney THOMAS F GRISTINA added to party ELEANOR WHITE(pty:dft)(GRISTINA, THOMAS) (Entered: 12/26/2020)

Dec. 26, 2020

Dec. 26, 2020

PACER
4

NOTICE of Attorney Appearance by JAMES C CLARK, JR on behalf of NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE Attorney JAMES C CLARK, JR added to party NANCY BOREN(pty:dft), Attorney JAMES C CLARK, JR added to party MARGARET JENKINS(pty:dft), Attorney JAMES C CLARK, JR added to party MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION(pty:dft), Attorney JAMES C CLARK, JR added to party LINDA PARKER(pty:dft), Attorney JAMES C CLARK, JR added to party UHLAND ROBERTS(pty:dft), Attorney JAMES C CLARK, JR added to party DIANE SCRIMPSHIRE(pty:dft), Attorney JAMES C CLARK, JR added to party ELEANOR WHITE(pty:dft)(CLARK, JAMES) (Entered: 12/26/2020)

Dec. 26, 2020

Dec. 26, 2020

PACER
5

MOTION for Temporary Restraining Order by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. filed by ADAM MARTIN SPARKS. (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order, # 2 Exhibit 1 - R. Russell Mass Challenge, # 3 Exhibit 2 - Decl. of K. Meyer, # 4 Exhibit 3 - Decl. of G. Turner, # 5 Exhibit 4 - Decl. of S. Berson, # 6 Exhibit 5 - Decl. of N. Essix, # 7 Exhibit 6 - Decl. of S. Pfeiffer Stinetorf, # 8 Exhibit 7 - Decl. of A. Luna Colon, # 9 Exhibit 8 - Decl. of G. Williams, # 10 Exhibit 9 - Decl. of JB Poersch, # 11 Proposed Order Granting Motion for Temporary Restraining Order)(SPARKS, ADAM) (Entered: 12/27/2020)

1 Memorandum in Support of Motion for Temporary Restraining Order

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2 Exhibit 1 - R. Russell Mass Challenge

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3 Exhibit 2 - Decl. of K. Meyer

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4 Exhibit 3 - Decl. of G. Turner

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5 Exhibit 4 - Decl. of S. Berson

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6 Exhibit 5 - Decl. of N. Essix

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7 Exhibit 6 - Decl. of S. Pfeiffer Stinetorf

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8 Exhibit 7 - Decl. of A. Luna Colon

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9 Exhibit 8 - Decl. of G. Williams

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10 Exhibit 9 - Decl. of JB Poersch

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11 Proposed Order Granting Motion for Temporary Restraining Order

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Dec. 27, 2020

Dec. 27, 2020

Clearinghouse
6

Summons Issued as to BEN HILL COUNTY BOARD OF ELECTIONS, NANCY BOREN, CINDI DUNLAP, THOMAS GREEN, MARGARET JENKINS, PENSON KAMINSKY, GUNDRON MILLS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, DAVID WALKER, ELEANOR WHITE, DANNY YOUNG. (Attachments: # 1 Summons Dunlap, # 2 Summons Young, # 3 Summons Jenkins, # 4 Summons Muscogee County Board of Elections, # 5 Summons Boren, # 6 Summons Kaminsky, # 7 Summons Green, # 8 Summons Roberts, # 9 Summons Scrimpshire, # 10 Summons White, # 11 Summons Mills, # 12 Summons Parker, # 13 Summons Walker)(mdm) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice of Deficiency

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice of Deficiency; Related documents: 4 Notice of Attorney Appearance,, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION and 3 Notice of Attorney Appearance,, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION; NEFs for these docuemnts indicate several persons not served via CM/ECF. Thus, participants must be served outside of CM/ECF and a certificate of service must be entered (tlf).

Dec. 28, 2020

Dec. 28, 2020

PACER
7

MOTION for Recusal by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by JAMES C CLARK, JR. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A--Russell Challenge)(CLARK, JAMES) (Entered: 12/28/2020)

1 Memorandum in Support

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2 Exhibit A--Russell Challenge

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
8

Replaced by D.E. 11 . MOTION to Sever Claims and Transfer Venue by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA. (Attachments: # 1 Memorandum in Support)(GRISTINA, THOMAS) Modified on 12/28/2020 (tlf). (Entered: 12/28/2020)

1 Memorandum in Support

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
9

CERTIFICATE OF SERVICE by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re 4 Notice of Attorney Appearance,, (CLARK, JAMES) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
10

CERTIFICATE OF SERVICE by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re 3 Notice of Attorney Appearance,, (GRISTINA, THOMAS) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice of Deficiency; Motion must be re-filed; Related document: 8 Motion to Sever, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION; Multiple reliefs were requested in the document yet only one was selected during the filing process. The CM/ECF procedures manual provides as follows: Motions with Multiple Reliefs Requested. When a motion requests multiple or alternative reliefs, it is especially important to select multiple reliefs when filing. For instance, with a combined motion to dismiss and motion to strike, you must select both reliefs to dismiss' and 'to strike. You do this by clicking on each motion relief from the drop down menu. You cannot select only the motion to dismiss and then type in the text box and motion to strike:. It is imperative that all relief categories are specifically selected. The Case Management/Electronic Case Filing system will then track each relief as a separate request for action. This helps the court ensure that all matters are properly addressed. Failure to comply with this requirement may result in a request for relief that is not tracked on the pending motion reports used in case management." Document must be re-filed (tlf).

Dec. 28, 2020

Dec. 28, 2020

PACER
11

MOTION to Sever, MOTION to Transfer Case(, ) by NANCY BOREN, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA. (Attachments: # 1 Memorandum in Support)(GRISTINA, THOMAS) (Entered: 12/28/2020)

1 Memorandum in Support

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
12

***DISSOLVED PER 27 ORDER*** ORDER granting 5 Motion for TRO Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/28/2020 (kcg) Modified on 12/31/2020 to edit docket text. (mdm) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
13

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3666989, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: # 1 Certificate of Good Standing)(ELIAS, MARC) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER

Notice of Hearing

Dec. 29, 2020

Dec. 29, 2020

PACER
14

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MARC E ELIAS (nop) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
15

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3667305, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: # 1 Certificate of Good Standing)(NKWONTA, UZOMA) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
16

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by UZOMA NKEM NKWONTA (nop) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
17

NOTICE of Attorney Appearance by NICHOLAS A KINSLEY on behalf of BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG Attorney NICHOLAS A KINSLEY added to party BEN HILL COUNTY BOARD OF ELECTIONS(pty:dft), Attorney NICHOLAS A KINSLEY added to party CINDI DUNLAP(pty:dft), Attorney NICHOLAS A KINSLEY added to party THOMAS GREEN(pty:dft), Attorney NICHOLAS A KINSLEY added to party PENSON KAMINSKY(pty:dft), Attorney NICHOLAS A KINSLEY added to party GUNDRON MILLS(pty:dft), Attorney NICHOLAS A KINSLEY added to party DAVID WALKER(pty:dft), Attorney NICHOLAS A KINSLEY added to party DANNY YOUNG(pty:dft)(KINSLEY, NICHOLAS) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
18

ACKNOWLEDGMENT OF SERVICE Executed as to 5 MOTION for Temporary Restraining Order, 2 Order, 1 Complaint, Acknowledgment filed by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG. (KINSLEY, NICHOLAS) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
19

NOTICE of Filing of Acknowledgement of Service by Columbus-Muscogee Defendants by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. re 6 Summons Issued,, 2 Order, 1 Complaint, (Attachments: # 1 Exhibit 1 - Acknowledgement of Service of Columbus-Muscogee Defendants)(SPARKS, ADAM) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
20

AMENDED 1 Complaint, against BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG by GAMALIEL WARREN TURNER, SR., MAJORITY FORWARD, DEBRA LEWIS (SPARKS, ADAM) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse
21

AFFIDAVIT Declaration of Debra Lewis in Support of Plaintiffs' Amended Complaint and Motion for Temporary Restraining Order by DEBRA LEWIS, MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. (SPARKS, ADAM) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
22

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3667846, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: # 1 Certificate of Good Standing)(SHELLY, JACOB) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
23

RESPONSE filed by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re 5 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1 -- Boren Declaration, # 2 Exhibit 2 -- News Article)(GRISTINA, THOMAS) (Additional attachment(s) added on 1/4/2021: # 3 Exhibit 1 - Boern Declaration - Redacted - Sealed per LAG Chambers) (bcl). Modified on 1/4/2021 (bcl). (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse
24

MOTION to Stay Temporary Restraining Order re 12 Order on Motion for TRO by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse

Evidentiary Hearing set for 12/30/2020 10:00 AM in Albany before US DISTRICT JUDGE LESLIE ABRAMS GARDNER. NOTICE OF SETTING hearing. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Amended Standing Order 2020-09, available on the courts website, regarding courthouse entrance procedures due to COVID-19. Public access, media, and other interested parties can listen to the hearing by dialing 1-877-810-9415 and entering 7075585 at the time of the hearing. Be advised, the courtroom public gallery has a maximum seating capacity of 18. (far)

Dec. 29, 2020

Dec. 29, 2020

PACER
25

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JACOB D SHELLY (nop) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
26

RESPONSE filed by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG re 5 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Section 21-2-230 Elector Challenge, # 2 Exhibit Declaration of Cindi Dunlap, # 3 Exhibit Declaration of Kathleen Searcy)(KINSLEY, NICHOLAS) (Entered: 12/30/2020)

1 Exhibit Section 21-2-230 Elector Challenge

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2 Exhibit Declaration of Cindi Dunlap

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3 Exhibit Declaration of Kathleen Searcy

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Dec. 30, 2020

Dec. 30, 2020

Clearinghouse

Notice of Deficiency

Dec. 30, 2020

Dec. 30, 2020

PACER

Notice of Deficiency (related document(s): 26 Response to Motion, filed by DAVID WALKER, PENSON KAMINSKY, THOMAS GREEN, BEN HILL COUNTY BOARD OF ELECTIONS, GUNDRON MILLS, DANNY YOUNG, CINDI DUNLAP ); Signature block did not include an e-mail address as required on page 7 of the CM/ECF procedures manual. No need to refile but information must be included in the future.(sbd)

Dec. 30, 2020

Dec. 30, 2020

PACER

Notice of Deficiency (related document(s): 21 Affidavit filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS ); Document should have been filed as an attachment to DE #20. Document is referred to on Page 6 of the Amended Complaint as "Exhibit 1, Declaration of Debra Lewis." No need to refile.(sbd)

Dec. 30, 2020

Dec. 30, 2020

PACER
27

ORDER re 12 on Motion for TRO, the temporary restraining order (Doc. 12) is dissolved, granting in part 20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/30/2020. (kcg) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

Clearinghouse
31

Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE LESLIE ABRAMS GARDNER: Evidentiary Hearing held on 12/30/2020. Court Reporter: Mindy Martin.Time in Court: 1 hour 55 mins. (bcl) (Entered: 01/04/2021)

Dec. 30, 2020

Dec. 30, 2020

PACER
32

Exhibit List by MAJORITY FORWARD re Evidentiary Hearing held on 12/30/2020. (Attachments: # 1 Exhibit 1 - Russell Mass Challenge, # 2 Exhibit 2 - Declaration of K. Meyer, # 3 Exhibit 3 - Declaration of G. Turner, # 4 Exhibit 4 - Declaration of S. Berson, # 5 Exhibit 5 - Declaration of N. Essix, # 6 Exhibit 6 - Declaration of S. Pfeiffer Stinetorf, # 7 Exhibit 7 - Declaration of A. Luna Colon, # 8 Exhibit 8 - Declaration of G. Williams, # 9 Exhibit Declaration of J.B. Poersch, # 10 Exhibit 10 - Declaration of D. Lewis)(bcl) (Entered: 01/04/2021)

Dec. 30, 2020

Dec. 30, 2020

PACER
33

Exhibit List by BEN HILL COUNTY BOARD OF ELECTIONS re Evidentiary Hearing held on 12/30/2020. (Attachments: # 1 Exhibit 1 - Elector Challenge, # 2 Exhibit 2 - Declaration of Cindi Dunlap, # 3 Exhibit Declaration of Kathleen Searcy)(bcl) (Entered: 01/04/2021)

Dec. 30, 2020

Dec. 30, 2020

PACER
34

Exhibit List by MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION re Evidentiary Hearing held on 12/30/2020. (Attachments: # 1 Exhibit 1 - Boren Declaration - Sealed per LAG Chambers)(bcl) Modified on 1/4/2021 (bcl). (Entered: 01/04/2021)

Dec. 30, 2020

Dec. 30, 2020

PACER
28

ORDER denying 7 Motion for Recusal. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/31/2020 (jtg) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

Clearinghouse
29

RESPONSE filed by DEBRA LEWIS, MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. re 11 MOTION to Sever MOTION to Transfer Case (SPARKS, ADAM) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

Clearinghouse
30

REPLY to Response filed by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re 11 MOTION to Sever MOTION to Transfer Case (CLARK, JAMES) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

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35

ORDER re 20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS ; denying as moot 24 Motion to Stay Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 1/4/2021. (kcg) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

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ANSWER to 20 Amended Complaint/Petition by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE with Jury Demand. Related document: 20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS.(GRISTINA, THOMAS) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

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Notice of Deficiency (related document(s): 36 Answer to Amended Complaint, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION ); Notice to Counsel - Timothy Gristina & Clinton Fay - Your contact information in CM/ECF is not current. Please update your contact information via PACER. Additionally, per page 7 of the ECF Adminstrative Procedures, all electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. Please include an email address in future filings.(bcl)

Jan. 14, 2021

Jan. 14, 2021

PACER

Notice of Deficiency (related document(s): 1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. ); Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately.(bcl)

Jan. 14, 2021

Jan. 14, 2021

PACER
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Corporate Disclosure Statement by MAJORITY FORWARD (SPARKS, ADAM) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

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ANSWER to 20 Amended Complaint/Petition by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG with Jury Demand. Related document: 20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS.(PITTMAN, ROSS) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

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STIPULATION of Dismissal by DEBRA LEWIS, GAMALIEL WARREN TURNER, SR., MAJORITY FORWARD as to All Plaintiffs (SPARKS, ADAM) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

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TRANSCRIPT of Proceedings held on December 30, 2020. Evidentiary hearing before Judge Abrams Gardner. Court Reporter/Transcriber Mindy Martin. Volume Number: 1 of 1. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (MM) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

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. 23, 2020

Closing Date: Jan. 25, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

One plaintiff is a not-for-profit organization created to support voter registration and voter turnout efforts. Other plaintiffs are registered voters and Georgia residents, whose voter eligibility was challenged.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ben Hill County Board of Elections and Registration (Ben Hill), County

Cindi Dunlap, Elections Supervisor and Chief Registrar of Ben Hill County (Ben Hill), County

Thomas Green, Member of Ben Hill County Board of Elections and Registration (Ben Hill), County

David Walker, , Member of Ben Hill County Board of Elections and Registration (Ben Hill), County

Danny Young, Member of Ben Hill County Board of Elections and Registration (Ben Hill), County

Gundron Mills, Member of Ben Hill County Board of Elections and Registration (Ben Hill), County

Penson Kaminsky, Member of Ben Hill County Board of Elections and Registration (Ben Hill), County

Muscogee County Board of Elections and Registration (Muscogee), City

Nancy Boren, Muscogee County Director of Elections & Registration (Muscogee), County

Margaret Jenkins, Member of Muscogee County Board of Elections and Registration (Muscogee), County

Uhland Roberts, Member of Muscogee County Board of Elections and Registration (Muscogee), County

Diane Scrimpshire, Member of Muscogee County Board of Elections and Registration (Muscogee), County

Linda Parker, Member of Muscogee County Board of Elections and Registration (Muscogee), County

Eleanor White, Member of Muscogee County Board of Elections and Registration (Muscogee), County

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Voting Process Changes

Voter Registration

Order Duration: 2021 - 2021

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Voter qualifications

Voting: General & Misc.