Filed Date: Sept. 18, 2020
Closed Date: Jan. 26, 2021
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This is a case about an emergency injunction filed by a religious organization over the Executive Committee of the Georgia Democratic Party ("Executive Committee") selecting a replacement for the congressional seat vacated by a late congressman. On September 18, 2020, the Progressive Southern Christian Leadership Conference and its founder/Chairperson filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiffs sued the Georgia Secretary of State and the Executive Committee of the Georgia Democratic Party under the Voting Rights Act. Pro se, the plaintiffs sought an emergency ex parte injunction to disqualify the Executive Committee's actions and reschedule the special election to a later date. They claimed that the Executive Committee's choice of replacement for the congressional seat vacated by the late congressman violated their voting rights.
On July 22, 2002, the Executive Committee chose a replacement for the congressional seat that was vacated by a congressman who passed away and scheduled a special election to be held on September 29, 2020. The plaintiffs filed their emergency injunction motion on September 19, 2020, alleging that doing so created "voter suppression, voter disenfranchisement, and the absence of a free and fair election," as they should not have selected the replacement but instead notified the Georgia Secretary of the State that the Executive Committee had decided to fill the vacancy. The plaintiffs sought an ex parte emergency injunction to disqualify the Executive Committee's choice of replacement and reschedule the special election to October 13, 2020 a general election for all qualified congressional candidates, with a runoff to be held on October 27, 2020 so that the "voters of the 5th congressional district . . . will have chosen their 5th congressional district representative for the November ballot."
The Court denied the motion on September 23, 2020, finding that there was no basis for an emergency ex parte injunction. The Court found that Plaintiffs did not argue that giving notice to the defendants was impossible, that giving notice to the adverse party would render fruitless the further prosecution of the action, nor was the Complaint verified or demonstrate specific facts showing immediate and irreparable injury would result before the defendants could be heard in opposition. Furthermore, the Court held that a preliminary injunction would not be warranted in the case because the plaintiffs failed to allege how the defendants discriminated against them on the basis of race, sex, or age.
On January 7, 2021, the Court issued an Order to Show Cause within 14 days for why the Court should not dismiss the case without prejudice for failure to effectuate service pursuant to Federal Rule of Civil Procedure 4(m), and on January 26, 2021, the case was dismissed without prejudice for want of prosecution.
Summary Authors
LFAA (1/12/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18565235/parties/the-progressive-southern-christian-leadership-conference-v-georgia/
Cohen, Mark Howard (Georgia)
Conference, The Progressive (Georgia)
Redding, Dwayne (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/18565235/the-progressive-southern-christian-leadership-conference-v-georgia/
Last updated March 28, 2026, 5:19 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Sept. 18, 2020
Closing Date: Jan. 26, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Progressive Southern Christian Leadership Conference and the Founder and Chairperson of The Progressive Southern Christian Leadership Conference
Plaintiff Type(s):
Non-profit religious organization
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Political Party
The Executive Committee of the Georgia Democratic Party
State
Georgia Secretary of State
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Constitutional Clause(s):
Other Dockets:
Northern District of Georgia 1:20-cv-03877
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of The Progressive Southern Christian Leadership Conference v. Georgia Secretary of State, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44522/ (last updated 1/12/2026).