Case: Black Voter'S Matter Fu v. Raffensperger

1:20-cv-04869 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 2, 2020

Closed Date: April 1, 2021

Clearinghouse coding complete

Case Summary

This case involved allegations that the State of Georgia failed to abide by federal law by cancelling hundreds of thousands of voter registrations for Georgia residents with a runoff election for 2 Georgia Senate seats approaching, The State of Georgia, as alleged, cancelled thousands of registration due to voter inactivity, among other factors. Georgia's policy involved removing voters from voter lists if the voters failed to participate in the voting process for the last two general elections…

This case involved allegations that the State of Georgia failed to abide by federal law by cancelling hundreds of thousands of voter registrations for Georgia residents with a runoff election for 2 Georgia Senate seats approaching, The State of Georgia, as alleged, cancelled thousands of registration due to voter inactivity, among other factors. Georgia's policy involved removing voters from voter lists if the voters failed to participate in the voting process for the last two general elections. The State of Georgia, as alleged, also removed voters if they failed to answer a notice within 30 days confirming that they still resided at their listed address, also known as the "Use it or Lose it policy."

The Black Voters Matter Fund, Transformative Justice Coalition, and the Rainbow Push Coalition initially filed a complaint in the United States District Court for the Northern District of Georgia, Atlanta Division on December 2, 2020. Initially, the only Defendant in the suit was Brad Raffensperger, the Secretary of State of Georgia, in his official capacity. Plaintiffs amended their complaint six days later and added the Southwest Voter Education Project as an additional Plaintiff. Plaintiffs brought suit pursuant to the National Voter Registration Act via both a private right of action and the Fourteenth Amendment to the U.S. Constitution via 42 U.S.C. § 1983.

Specifically, Plaintiffs plead three key allegations. First, they accused the State of Georgia of failing to use a United States Postal Service ("USPS") licensee to evaluate changes in voters' addresses, in violation of the National Voting Rights Act. This allegation included the removal of registered voters from voter rolls even when the voters did not move to a new address. Second, Plaintiffs accused the State of Georgia of further violating the National Voting Rights Act by failing to have accurate and current voter lists. Third, Plaintiffs alleged that the Use it or Lose Policy violated the 14th Amendment's Equal Protection Clause. Plaintiffs sought declaratory relief, a temporary restraining order (TRO) restraining Georgia from keeping people off of the voter rolls in the January 5, 2021 runoff election, and attorneys' fees.

Plaintiffs filed a motion for a preliminary injunction on December 3, 2020, seeking to have the court restore Georgia voters to the voting rolls. Plaintiffs claimed that they had to divert resources from their voting rights missions in order to ensure people that were removed from voter rolls would be allowed to vote in the upcoming run-off Senate election. They also requested that the Court declare that Defendant violated the NVRA and the Equal Protection Clause. This case was assigned to Judge Steve CarMichael Jones.

On December 5, 2020, the Republican National Committee and the Georgia Republican party filed a motion to intervene in the lawsuit as parties in interest.They argued that their intervention was proper because they had protected interests in the lawsuit as political parties and committees are frequently found to have interests in election litigation. The Court granted the motion to intervene on December 9, 2020.

Defendant filed a motion to dismiss the amended complaint on December 9, 2020, arguing that Plaintiffs lacked organizational standing, failed to provide Defendant pre-suit notice under the NVRA, and waited too long to bring their claims. Defendant also, on December 8, 2020, filed an opposition to Plaintiffs' preliminary onjunction motion, alleging that Plaintiffs misread the requirements of the NVRA, claiming that the federal law does not require the use of a USPS licensee. Defendant also challenged Plaintiffs' constitutional claim, arguing that Plaintiffs did not show evidence of Georgia's significant burden on the voting process.

The parties argued the preliminary injunction motion via an evidentiary hearing via video conference on December 10, 2020. The court issued its order on the motion on December 16, 2020. The Court analyzed the parties' arguments and denied the Plaintiffs' preliminary injunction. Addressing the arguments, the Court found that Plaintiffs did in fact divert their resources to pursue their goals of expanding voting rights and access to voting. Therefore, Plaintiffs did in fact possess organizational standing under a diversion of resources theory because they had to divert resources to pursue their core missions in new ways as the State of Georgia's actions was unanticipated and required a new strategy to address. 508 F.Supp.3d 1283.

However, the Court agreed with Defendant regarding the fact that Plaintiffs lacked statutory standing under the NVRA. The federal law required a pre-suit notice within 90 days of bringing a lawsuit with "sufficiently detailed notice." Plaintiffs stated an ACLU report shed light on the issue, but the Court did not find this to be sufficient notice because no Plaintiff authored the report and because the letter was not sent by a Plaintiff and the Secretary of Georgia only received it 71 days before the lawsuit. The Court also analyzed the language of the NVRA and stated that the law does not require Georgia to hire a USPS licensee. The Court found that Georgia, through its vendor, utilized change of address information supplied by the USPS, concluding that the State complied with the law. While Plaintiffs did present evidence that tended to show that Georgia did cancel voter registrations for voters that did not move and that Defendant presented evidence that they relied on USPS information to cancel the registrations. Ultimately, the Court found that Plaintiffs did not clearly establish any likelihood of success to warrant injunctive relief.

Finally, the Court ruled that Plaintiffs did not show that Georgia's voter registration cancellation process is applied differently to any class of voters, invalidating their constitutional claims under the Equal Protection Clause. There was no evidence that Georgia's list maintenance process was not uniformly applied. In addition, Plaintiffs did not provide any evidence that any individual voter was burdened by the process. If any preliminary injunction were to be issued, the burden to Georgia would be too great as it would require the State to go through a tremendous amount of information. 

Plaintiffs filed a motion for reconsideration of the court's December 16, 2020 order and for leave to file a second amended complaint on December 28, 2020. Plaintiffs also filed a motion to expedite emergency consideration of the substantive briefs, which the court denied on December 29, 2020. Plaintiffs' sought to adjourn the court ruling on Defendant's motion to dismiss until after a ruling on their motions for reconsideration and leave to file a second amended complaint. 

The runoff elections proceeded on January 5, 2021.

On April 1, 2021, the parties entered into a stipulation voluntarily dismissing the lawsuit without prejudice.

The case is closed.

Summary Authors

Vyacheslav Kashuk (11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18708616/parties/transformative-justice-coalition-v-raffensperger/


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Documents in the Clearinghouse

Document
1

1:20-cv-04869

Complaint

Black Voter'S Matter Fu, Et Al V. Raffensperger, Et Al

Dec. 2, 2020

Dec. 2, 2020

Complaint
27

1:20-cv-04869

First Amended Complaint

Black Voters Matter Fund v. Raffensperger

Dec. 8, 2020

Dec. 8, 2020

Complaint
31

1:20-cv-04869

Defendant Secretary of State's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

Black Voter's Matter Fund v. Raffensperger

Dec. 8, 2020

Dec. 8, 2020

Pleading / Motion / Brief
33

1:20-cv-04869

Reply in Support of Proposed Intervenor-Defendants' Emergency Motion to Intervene

Black Voters Matter Fund v. Raffensperger

Dec. 9, 2020

Dec. 9, 2020

Pleading / Motion / Brief
39

1:20-cv-04869

Intervenor- Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

Black Voters Matter Fund v. Raffensperger

Dec. 9, 2020

Dec. 9, 2020

Pleading / Motion / Brief
42

1:20-cv-04869

Order

Black Voters Matter Fund v. Raffensperger

Dec. 9, 2020

Dec. 9, 2020

Order/Opinion
63

1:20-cv-04869

Order

Black Voters Matter Fund v. Raffensperger

Dec. 16, 2020

Dec. 16, 2020

Order/Opinion

508 F.Supp.3d 1283

69

1:20-cv-04869

Order

Black Voters Matter Fund v. Raffensperger

Dec. 29, 2020

Dec. 29, 2020

Order/Opinion
70

1:20-cv-04869

Notice to Adjourn Ruling on Defendant Raffensperger's Motion to Dismiss Until After the Court Rules on the Plaintiffs' Motions for Reconsideration and to Amend the Complaint

Black Voters Matter Fund v. Raffensperger

Dec. 30, 2020

Dec. 30, 2020

Pleading / Motion / Brief
78

1:20-cv-04869

Stipulation of Voluntary Dismissal Without Prejudice

Black Voters Matter Fund v. Raffensperger

April 1, 2021

April 1, 2021

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18708616/transformative-justice-coalition-v-raffensperger/

Last updated Jan. 30, 2025, 5:31 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with INJ and TRO request for immediate hearing (Filing fee $402, receipt number AGANDC-10438029) filed by Black Voter's Matter Fund, Transformative Justice Coalition, The Rainbow Push Coalition. (Attachments: # 1 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: 12/02/2020)

1 Civil Cover Sheet

View on PACER

Dec. 2, 2020

Dec. 2, 2020

RECAP
2

Electronic Summons Issued as to Brad Raffensperger. (rjs) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
3

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/2020. (rjs) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
4

ORDER: The Court will hold a hearing on Plaintiffs' request via Zoom on THURSDAY, DECEMBER 10, 2020, at 10:00 AM. Instructions for accessing the hearing will be posted via notice entry to the docket. Defendant is ORDERED to file any brief in opposition by TUESDAY, DECEMBER 8, 2020, at 5:00PM. If any Party wishes to introduce exhibits during the December 10 Zoom hearing, those exhibits must also be posted to the docket by Tuesday, December 8, 2020 at 5:00PM. Signed by Judge Steve C. Jones on 12/2/2020. (rjs) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
5

(DUPLICATE OF DOC. # 4 ) ORDER - Plaintiffs' Complaint seeks emergency injunctive relief and requests an immediate hearing (Doc. No. 1 ). The Court will hold a hearing on Plaintiffs' request via Zoom on THURSDAY, DECEMBER 10, 2020, at 10:00AM. Defendant is hereby ORDERED to file any brief in opposition by TUESDAY, DECEMBER 8, 2020, at 5:00PM. Signed by Judge Steve C. Jones on 12/2/2020. (tcc) Modified on 12/3/2020 (tcc). (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
6

First MOTION for Preliminary Injunction with Brief In Support by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition. (Attachments: # 1 Brief Brief)(Griggs, Gerald) (Entered: 12/03/2020)

1 Brief Brief

View on RECAP

Dec. 3, 2020

Dec. 3, 2020

PACER
7

NOTICE Of Filing Declaration of John Lenser by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Secretary of State Announcement, # 2 Exhibit NCOA licensees list, # 3 Exhibit USPS limited licensees list)(Griggs, Gerald) Modified on 12/3/2020 (rjs). (Entered: 12/03/2020)

1 Exhibit Secretary of State Announcement

View on PACER

2 Exhibit NCOA licensees list

View on PACER

3 Exhibit USPS limited licensees list

View on PACER

Dec. 3, 2020

Dec. 3, 2020

PACER
8

NOTICE Of Filing Declaration of Greg Palast by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Attachments: # 1 Exhibit September 22nd letter to Raffensperger, # 2 Exhibit October 19th Letter to Raffensperger)(Griggs, Gerald) Modified on 12/3/2020 (rjs). (Entered: 12/03/2020)

1 Exhibit September 22nd letter to Raffensperger

View on PACER

2 Exhibit October 19th Letter to Raffensperger

View on PACER

Dec. 3, 2020

Dec. 3, 2020

PACER
9

APPLICATION for Admission of Jeanne Mirer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10443413). with Brief In Support by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition. (Griggs, Gerald) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
10

NOTICE of Appearance by Tricia P. Hoffler on behalf of Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition (Hoffler, Tricia) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Jeanne Mirer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10443413).. Attorney Jeanne Ellen Mirer added appearing on behalf of Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition (nmb)

Dec. 4, 2020

Dec. 4, 2020

PACER

Approval of Application for Admission Pro Hac Vice

Dec. 4, 2020

Dec. 4, 2020

PACER
11

NOTICE of Appearance by Bryan P. Tyson on behalf of Brad Raffensperger (Tyson, Bryan) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
12

NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Brad Raffensperger (Jacoutot, Bryan) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
13

DOCUMENT FILED CORRECTLY AT DOC 14 Emergency MOTION to Intervene by Brad Raffensperger. (Attachments: # 1 Memo in Support, # 2 Proposed Answer, # 3 Certificate of Interested Persons)(Chalmers, Douglas) Modified on 12/7/2020 (rjs). (Entered: 12/05/2020)

1 Memo in Support

View on RECAP

2 Proposed Answer

View on PACER

3 Certificate of Interested Persons

View on PACER

Dec. 5, 2020

Dec. 5, 2020

PACER
14

Emergency MOTION to Intervene by Republican National Committee, Georgia Republican Party. (Attachments: # 1 Memorandum in support, # 2 Proposed Answer, # 3 Certificate of Interested Persons)(Chalmers, Douglas) (Entered: 12/05/2020)

1 Memorandum in support

View on RECAP

2 Proposed Answer

View on PACER

3 Certificate of Interested Persons

View on PACER

Dec. 5, 2020

Dec. 5, 2020

PACER
15

APPLICATION for Admission of Tyler R. Green Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452444).by Georgia Republican Party, Republican National Committee. (Chalmers, Douglas) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/06/2020)

Dec. 6, 2020

Dec. 6, 2020

PACER
16

APPLICATION for Admission of Cameron T. Norris Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452449).by Georgia Republican Party, Republican National Committee. (Chalmers, Douglas) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/06/2020)

Dec. 6, 2020

Dec. 6, 2020

PACER
17

APPLICATION for Admission of Zachary M. Wallen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452451).by Georgia Republican Party, Republican National Committee. (Chalmers, Douglas) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/06/2020)

Dec. 6, 2020

Dec. 6, 2020

PACER
18

ORDER: The Court waives normal time requirements and ORDERS Plaintiffs to file a response to 14 Proposed Intervenor-Defendants' Emergency Motion to Intervene by 4:00 P.M., TUESDAY, DECEMBER 8, 2020. Signed by Judge Steve C. Jones on 12/6/2020. (rjs) (Entered: 12/07/2020)

Dec. 6, 2020

Dec. 6, 2020

PACER

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Tyler R. Green Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452444).. Attorney Tyler R. Green added appearing on behalf of Georgia Republican Party, Republican National Committee (nmb)

Dec. 7, 2020

Dec. 7, 2020

PACER

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of Cameron T. Norris Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452449).. Attorney Cameron T. Norris added appearing on behalf of Georgia Republican Party, Republican National Committee (nmb)

Dec. 7, 2020

Dec. 7, 2020

PACER

APPROVAL by Clerks Office re: 17 APPLICATION for Admission of Zachary M. Wallen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452451).. Attorney Zachary M. Wallen added appearing on behalf of Georgia Republican Party, Republican National Committee (nmb)

Dec. 7, 2020

Dec. 7, 2020

PACER

Approval of Application for Admission Pro Hac Vice

Dec. 7, 2020

Dec. 7, 2020

PACER
19

APPLICATION for Admission of FRED GRAY Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10455978).by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition. (Hoffler, Tricia) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
20

ORDER granting 9 Application for Admission Pro Hac Vice for Jeanne Mirer. Signed by Judge Steve C. Jones on 12/7/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
21

ORDER granting 15 Application for Admission Pro Hac Vice for Tyler R. Green. Signed by Judge Steve C. Jones on 12/7/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER

Clerks Certificate of Mailing

Dec. 7, 2020

Dec. 7, 2020

PACER

Clerk's Certificate of Mailing to Tyler R. Green re 21 Order on Application for Admission PHV,. (rjs)

Dec. 7, 2020

Dec. 7, 2020

PACER
22

ORDER granting 16 Application for Admission Pro Hac Vice for Cameron T. Norris. Signed by Judge Steve C. Jones on 12/7/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER

Clerk's Certificate of Mailing to Cameron T. Norris re 22 Order on Application for Admission PHV. (rjs)

Dec. 7, 2020

Dec. 7, 2020

PACER
23

ORDER granting 17 Application for Admission Pro Hac Vice for Zachary M. Wallen. Signed by Judge Steve C. Jones on 12/7/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER

Clerk's Certificate of Mailing to Zachary M. Wallen re 23 Order on Application for Admission PHV. (rjs)

Dec. 7, 2020

Dec. 7, 2020

PACER
24

NOTICE of Appearance by Cameron T. Norris on behalf of Georgia Republican Party, Republican National Committee (Norris, Cameron) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
25

NOTICE of Appearance by Maria Olabosipo Banjo on behalf of Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition (Banjo, Maria) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
26

NOTICE of Appearance by Loree Anne Paradise on behalf of Brad Raffensperger (Paradise, Loree Anne) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
27

First AMENDED COMPLAINT against Brad Raffensperger filed by Black Voters Matter Fund, Transformative Justice Coalition, The Rainbow Push Coalition, Southwest Voter Education Project.(Mirer, Jeanne) 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. Modified on 12/9/2020 to correct filer information (rjs). (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

RECAP
28

MOTION to Dismiss with Brief In Support by Brad Raffensperger. (Attachments: # 1 Brief)(Tyson, Bryan) (Entered: 12/08/2020)

1 Brief

View on RECAP

Dec. 8, 2020

Dec. 8, 2020

PACER
29

DOCUMENT FILED CORRECTLY AT DOC 50 RESPONSE re 4 Order,,, Set Deadlines/Hearings,, Exhibits for Plaintiffs filed by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
30

RESPONSE in Opposition re 14 Emergency MOTION to Intervene filed by Black Voter's Matter Fund, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
31

RESPONSE in Opposition re 6 First MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Exhibit A - Dec. of Chris Harvey)(Tyson, Bryan) (Entered: 12/08/2020)

1 Exhibit A - Dec. of Chris Harvey

View on RECAP

Dec. 8, 2020

Dec. 8, 2020

RECAP
32

ORDER: The Court waives normal time requirements and ORDERS the proposed intervenor-defendants to file a reply brief by 3:00 P.M. TODAY, DECEMBER 9, 2020. Signed by Judge Steve C. Jones on 12/9/2020. (rjs) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Notice of Video/Telephone Proceeding

Dec. 9, 2020

Dec. 9, 2020

PACER
33

REPLY to Response to Motion re 14 Emergency MOTION to Intervene filed by Georgia Republican Party, Republican National Committee. (Norris, Cameron) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP

Approval of Application for Admission Pro Hac Vice

Dec. 9, 2020

Dec. 9, 2020

PACER
34

NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Clerks Certificate of Mailing

Dec. 9, 2020

Dec. 9, 2020

PACER
35

MOTION to Dismiss Plaintiffs' First Amended Complaint with Brief In Support by Brad Raffensperger. (Attachments: # 1 Brief)(Tyson, Bryan) (Entered: 12/09/2020)

1 Brief

View on RECAP

Dec. 9, 2020

Dec. 9, 2020

PACER
36

ORDER granting 14 Motion to Intervene. The Clerk is DIRECTED to amend the case-style to list the Republican National Committee and Georgia Republican Party as Intervenor-Defendants. Signed by Judge Steve C. Jones on 12/9/2020. (rjs) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
37

ORDER: Having granted intervenor status to Intervenor-Defendants Republican National Committee and Georgia Republican Party, in the exercise of the Court's discretion and pursuant to Local Rule 65.2, NDGa, the Court waives normal time requirements and ORDERS the intervenor-defendants to file a response brief to the pending 6 motion for preliminary injunction by 5 P.M., TODAY, DECEMBER 9, 2020. Signed by Judge Steve C. Jones on 12/9/2020. (rjs) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

NOTICE OF VIDEO PROCEEDING re: 6 First MOTION for Preliminary Injunction . Motion Hearing set for 12/10/2020 at 10:00 AM via Zoom before Judge Steve C. Jones. Connection Instructions: Please click the link below to join the webinar: https://ganduscourts.zoomgov.com/j/1611572241 Passcode: 808340 Or iPhone one-tap : US: +16692545252,,1611572241#,,,,,,0#,,808340# or +16468287666,,1611572241#,,,,,,0#,,808340# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 Webinar ID: 161 157 2241 Passcode: 808340 International numbers available: https://ganduscourts.zoomgov.com/u/acFm6AX8wj Or an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 161 157 2241 Passcode: 808340 SIP: 1611572241@sip.zoomgov.com Passcode: 808340 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (pdw)

Dec. 9, 2020

Dec. 9, 2020

PACER
38

APPLICATION for Admission of Jonathan Savage Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10472297).by Black Voter's Matter Fund, Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Griggs, Gerald) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of FRED GRAY Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10455978).. Attorney Fred David Gray added appearing on behalf of Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition (nmb)

Dec. 9, 2020

Dec. 9, 2020

PACER
39

RESPONSE in Opposition re 6 First MOTION for Preliminary Injunction filed by Georgia Republican Party, Republican National Committee. (Norris, Cameron) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
40

ORDER granting 19 Application for Admission Pro Hac Vice for Fred David Gray. Signed by Judge Steve C. Jones on 12/9/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Clerk's Certificate of Mailing to Fred Gray re 40 Order on Application for Admission PHV,. (rjs)

Dec. 9, 2020

Dec. 9, 2020

PACER
41

ORDER re December 10, 2020 evidentiary hearing on Plaintiffs' 6 Motion for Preliminary Injunction: Plaintiffs are collectively allotted one hour to present evidence and argument. Defendants and Intervenor-Defendants are collectively allotted one hour to present evidence and argument. Counsel may agree amongst themselves as to how to divide the one hour (per side) of allotted time. Signed by Judge Steve C. Jones on 12/9/2020. (rjs) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
42

Expanded ORDER granting 14 Emergency Motion to Intervene. Signed by Judge Steve C. Jones on 12/09/2020. (pdw) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
43

NOTICE Of Filing Declaration of Barbara Arnwine by Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
44

NOTICE Of Filing Declaration of Latosha Brown by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
45

NOTICE Of Filing Declaration of Lydia Camarillo by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
46

NOTICE Of Filing Declaration of Mark Swedlund by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
47

NOTICE Of Filing Declaration of Robert Patillo by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition re 6 First MOTION for Preliminary Injunction (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
48

DOCUMENT FILED CORRECTLY AT DOC 50 RESPONSE re 4 Order,,, Set Deadlines/Hearings,, Supplemental Exhibits List filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) Modified on 12/10/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
49

RESPONSE re 6 First MOTION for Preliminary Injunction Supplemental Brief on Issue of Notice Under NVRA filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
50

EXHIBITS admitted during the Video Preliminary Injunction Motion Hearing held on 12/10/2020 before the Honorable Judge Steve C. Jones. Filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. Any objection to the validity of these exhibits must be filed by the next business day following the upload of exhibits. (Attachments: # 1 Exhibit 2 Notice of Secretary of State on Cleaning Voter Rolls, # 2 Exhibit 3 List of full-service USPS Licensees, # 3 Exhibit 4 List of limited-service USPS Licensees, # 4 Exhibit 5 Bill from Total Data Technologies, # 5 Exhibit 6 Bills connected to the mailing for BVMF, # 6 Exhibit 7 September 1, 2020 Report of the Palast Investigative Fund released by the ACLU of Georgia, # 7 Exhibit 8 September 22, 2020 email form Jeanne Mirer to Mr. Raffensperger transmitting letter of September 22, 2020, # 8 Exhibit 9 September 22, 2020 letter to Secretary of State Raffensperger from Jeanne Mirer, # 9 Exhibit 10 October 19, 2020 email from Jeanne Mirer to Mr. Raffensperger transmitting letter of October 19, 2020, # 10 Exhibit 11 October 19, 2020 letter to Secretary of State Raffensperger from Jeanne Mirer, # 11 Exhibit 12 Report of Anchor Computer on NCOA data, # 12 Exhibit 13 Report of InfoUSA-Infogroup on NCOA data, # 13 Exhibit 14 Report from Merkle to Computech November 2019, # 14 Exhibit 15 Report from Merkle to Computech August 2020)(Mirer, Jeanne) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
51

Minute Entry for proceedings held before Judge Steve C. Jones: Preliminary Injunction hearing held via Zoom. Oral argument heard.Plaintiffs' witnesses Latosha Brown, Barbara Arwine, John Lenser, Greg Palast, Robert Patillo, and Lydia Camarillo sworn and testified. Plaintiffs' exhibits 1-10 and 12-15 admitted. Defendant's witness Chris Harvey sworn and testified. Court's ruling to follow in due course. 6 Motion for Preliminary Injunction TAKEN UNDER ADVISEMENT. (Court Reporter David Ritchie)(rjs) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
52

Corrected Supplemental Brief on the Issue of NVRA Notice re 49 Response to Motion filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) Modified on 12/11/2020 (rjs). (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
53

ORDER: The Court will exercise its discretion to permit Defendant and Intervenor-Defendants to file written responses to Plaintiffs' 52 Corrected Supplemental Brief on the Issue of NVRA Notice. Said responses shall be filed by 5 P.M., FRIDAY, DECEMBER 11, 2020. Signed by Judge Steve C. Jones on 12/10/2020. (rjs) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER

RETURN of 38 APPLICATION for Admission of Jonathan Savage Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10472297). to attorney for correction re: Courts to which admitted. (cdg)

Dec. 11, 2020

Dec. 11, 2020

PACER
54

REPLY re 52 Corrected Supplemental Brief on the Issue of NVRA Notice filed by Brad Raffensperger. (Tyson, Bryan) Modified on 12/14/2020 (rjs). (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
55

MOTION for Leave to File Proposed Reply to Defendant's Response to Plaintiff's Corrected Supplemental Memorandum of Law on the Issue of NVRA Notice with Brief In Support by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Attachments: # 1 Brief Plaintiff's Proposed Reply to Defendant's Response to Plaintiff's Corrected Supplemental Memeorandum of Law on the Issue of NVRA Notice, # 2 Exhibit A: December 11, 2020 Letter to Defense Counsel)(Mirer, Jeanne) (Entered: 12/11/2020)

1 Brief Plaintiff's Proposed Reply to Defendant's Response to Plaintiff&

View on PACER

2 Exhibit A: December 11, 2020 Letter to Defense Counsel

View on PACER

Dec. 11, 2020

Dec. 11, 2020

PACER
56

ORDER: As Plaintiffs have already been provided with the opportunity for a full and fair hearing on their emergency injunctive relief request, as well as an opportunity for post-hearing supplemental briefing, the pending 55 motion for additional briefing is DENIED. The proposed brief at Doc. No. [55-1] will not be considered by the Court. Signed by Judge Steve C. Jones on 12/13/2020. (rjs) (Entered: 12/14/2020)

Dec. 13, 2020

Dec. 13, 2020

PACER
57

RESPONSE in Support re 6 First MOTION for Preliminary Injunction filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
58

RESPONSE to Plaintiffs' Letter Brief re 57 Response in Support of Motion filed by Brad Raffensperger. (Tyson, Bryan) Modified on 12/16/2020 (rjs). (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
59

RESPONSE to Plaintiffs' Letter Brief re 57 Response in Support of Motion filed by Georgia Republican Party, Republican National Committee. (Norris, Cameron) Modified on 12/16/2020 (rjs). (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
60

RESPONSE re 58 Response (Non-Motion) filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
61

NOTICE of Letter to Court from Counsel. (rjs) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
62

NOTICE of Letter from Court to Counsel. (rjs) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
63

ORDER: The Court DENIES Plaintiffs' 6 Motion for Preliminary Injunction. However, the Court acknowledges that there may be discrepancies in the NCOA information provided by Plaintiffs' experts and the records Georgia used to cancel voter registrations in December of 2019. It therefore strongly encourages the Parties to meet and determine the explanation, if any, for the alleged inaccuracies. Signed by Judge Steve C. Jones on 12/16/2020. (rjs) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
64

ANSWER to 27 Amended Complaint by Georgia Republican Party, Republican National Committee. Discovery ends on 5/17/2021.(Norris, Cameron) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
65

TRANSCRIPT of Proceedings held on 12/10/20 (Videoconf), before Judge Steve C. Jones. Court Reporter/Transcriber David A. Ritchie. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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. Redaction Request due 1/8/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Additional attachment(s) added on 12/22/2020: # 2 Verification of Financial Arrangements) (pjm). (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
66

MOTION for Reconsideration re 63 Order on Motion for Preliminary Injunction, with Brief In Support by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Attachments: # 1 Brief Memorandum of Law in Support of Plaintiffs Motion for Reconsideration)(Mirer, Jeanne) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
67

MOTION for Leave to File Plaintiffs' Proposed Second Amended Complaint with Brief In Support by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Attachments: # 1 Brief Memorandum of Law in Support of Plaintiffs' Motion for Leave to File Second Amended Complaint, # 2 Exhibit Plaintiffs' Proposed Second Amended Complaint)(Mirer, Jeanne) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
68

MOTION to Expedite Emergency Consideration of Plaintiffs' Motions Filed on December 28, 2020 by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
69

ORDER denying 68 Motion to Expedite Plaintiffs' Motion for Emergency Consideration of Plaintiffs' Motions Filed on December 28, 2020 Doc. Nos. 66 and 67 . Plaintiffs' substantive motions (Doc. Nos. 66 and 67 ) shall proceed with a normal briefing schedule. Signed by Judge Steve C. Jones on 12/29/2020. (bdb) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP

Submission of 35 MOTION to Dismiss and 28 MOTION to Dismiss to District Judge Steve C. Jones. (rjs)

Dec. 30, 2020

Dec. 30, 2020

PACER
70

MOTION to Defer Ruling re: 28 MOTION to Dismiss, 35 MOTION to by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) Modified on 12/30/2020 (rjs). (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

RECAP
71

MOTION to Expedite Plaintiffs' Emergency Motion to Reconsider the Court's Order Denying Emergency Consideration of Plaintiff's Motion for Leave to File an Amended Complaint and Reconsideration and for the Court to Order Counting of Provisional Ballots of Those on the Plaintiffs' Expert's List of Purged Voters with Brief In Support by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Attachments: # 1 Brief Memorandum of Law in Support of Plaintiffs' Emergency Motion to Reconsider the Court's Order Denying Emergency Consideration of Plaintiffs' Motion for Leave to File an Amended Complaint and Reconsideration and for the Court to Order Counting of Provisional Ballots of Those on the Plaintiffs' Expert's List of Purged Voters, # 2 Exhibit 1 Complaint in Majority Forward et al v Ben Hill County Board of Elections et al, # 3 Exhibit 2 Injunctive Order in in Majority Forward et al v Ben Hill County Board of Elections et al)(Mirer, Jeanne) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
72

RESPONSE in Opposition re 66 MOTION for Reconsideration re 63 Order, 67 MOTION for Leave to File Plaintiffs' Proposed Second Amended Complaint filed by Brad Raffensperger. (Attachments: # 1 Exhibit A - Second Dec. of Chris Harvey, # 2 Exhibit B - L. Brown Tweet, # 3 Exhibit C - Arwine Tweet, # 4 Exhibit D - L. Brown Tweet, # 5 Exhibit E - G. Palast Tweet, # 6 Exhibit F - Screenshots from Video)(Tyson, Bryan) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
73

RESPONSE in Opposition re 66 MOTION for Reconsideration re 63 Order, 67 MOTION for Leave to File Plaintiffs' Proposed Second Amended Complaint filed by Georgia Republican Party, Republican National Committee. (Norris, Cameron) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
74

RESPONSE in Opposition re 70 MOTION to Defer Ruling re: 28 MOTION to Dismiss, 35 MOTION to Dismiss filed by Brad Raffensperger. (Tyson, Bryan) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
75

REPLY BRIEF re 66 MOTION for Reconsideration re 63 Order, 67 MOTION for Leave to File Plaintiffs' Proposed Second Amended Complaint, 71 MOTION to Expedite Plaintiffs' Emergency Motion to Reconsider the Court's Order Denying Emergency Consideration of Plaintiff's Motion for Leave to File an Amended Complaint and Reconsideration and for the Court to Order Counting of Prov filed by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) Modified on 1/26/2021 (rjs). (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Submission of 66 MOTION for Reconsideration re 63 Order, 67 MOTION for Leave to File Plaintiffs' Proposed Second Amended Complaint and 71 MOTION to Expedite Plaintiffs' Emergency Motion to Reconsider the Court's Order to District Judge Steve C. Jones. (rjs)

Jan. 26, 2021

Jan. 26, 2021

PACER
76

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (adg) (ADI) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER

Submission of 70 MOTION to Defer Ruling to District Judge Steve C. Jones. (rjs)

Jan. 28, 2021

Jan. 28, 2021

PACER
77

ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (adg) (ADI) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
78

STIPULATION of Dismissal by Black Voters Matter Fund, Southwest Voter Education Project, The Rainbow Push Coalition, Transformative Justice Coalition. (Mirer, Jeanne) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

RECAP

Clerk's Entry of Dismissal APPROVING 78 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rjc)

April 2, 2021

April 2, 2021

PACER

Civil Case Terminated. (rjc)

April 2, 2021

April 2, 2021

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 2, 2020

Closing Date: April 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black Voters Matter Fund Transformative Justice Coalition Rainbow Push Coalition Southwest Voter Education Project

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Brad Raffensperger, Georgia Secretary of State, in his official capacity, State

Case Details

Causes of Action:

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

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues