Case: Georgia Republican Party v. Raffensperger

1:20-cv-05018 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 10, 2020

Closed Date: Jan. 4, 2021

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Case Summary

In anticipation of the January 5, 2021 United States Senate election run-off in the state of Georgia, the Georgian Republican Party and the National Republican Senatorial Committee, along with the principal campaign committees for both candidates David Perdue and Kelly Loeffler, filed suit against the Secretary of State of Georgia, Vice Chair of the State Election Board, and three members of the State Election Board in the United States District Court for the Northern District of Georgia, seeki…

According to Plaintiffs’ Complaint, Georgia law imposed an absentee ballot verification process, including the requirement that the registrar or clerk compare the signature or mark on the oath of the ballot with the signature or mark on the absentee voter registration card or the most recent update to the voter’s registration card and application for absentee ballot. If an absentee ballot was not signed or if the signature did not appear valid, the registrar or clerk must write rejected on the face of the ballot envelope. The voter would then be given an opportunity to cure the missing or invalid signature by submitting an appropriate affidavit and a copy of an accepted form of identification. If cured, the absentee ballot would be counted.

In litigation prior to the November 2020 election, the Democratic Party of Georgia, Inc. and the Secretary of State of Georgia entered into a Compromise and Settlement Agreement and Release, whereby additional signature matching processes were added. Specifically, prior to an absentee ballot being rejected for a missing or invalid signature, the registrars, deputy registrars, or absentee ballot clerk were required to seek review from two other registrars, deputy registrars, or absentee ballot clerks. A ballot could only be rejected if a majority of the individuals agreed that the signature was missing or did not match any signature on file with the election office.

In their Complaint, Plaintiffs alleged that the signature matching process in Georgia was arbitrary. Plaintiffs claimed that Georgia law provided no guidance to its election officials to determine whether a signature on a ballot matches a reference signature nor did Georgia law impose specific training for county officials conducting signature matching. For those reasons, the Plaintiffs claimed that the matching process was applied inconsistently across the state. Further, the Plaintiffs took issue with the fact that three individuals were required to reject a ballot but only one individual was required to accept and count a ballot as valid. Plaintiffs claimed that Georgia law provided no oversight for the signature matching process. Plaintiffs claimed that Georgia’s signature matching process, which would result in the potential counting and certification of unlawful ballots, placed an undue burden on voting and associational rights, deprived Plaintiffs of their fundamental rights of association and suffrage without due process of law, and deprived Plaintiffs of equal protection of the laws. Among other requests for relief, Plaintiffs requested that the Court preliminarily and permanently enjoin Defendants to implement signature review of all absentee ballot signature verification by three reviewers in the presence of at least one meaningful observer from each political party of the represented candidates and to require unanimous agreement among the reviewers to accept or reject an absentee ballot.

The Democratic Party of Georgia and the Democratic Senatorial Campaign Committee moved to intervene, which was granted by the Court. Shortly thereafter, Defendants filed a motion to dismiss. Defendants argued that Plaintiffs’ claims were precluded based on Wood v. Raffensperger, a recent Eleventh Circuit Court of Appeals opinion holding that the plaintiff in that case lacked an injury in fact sufficient to establish Article III standing to challenge similar absentee ballot processes. Defendants also argued that Plaintiffs’ claims were barred by laches and that Plaintiffs’ lawsuit failed to raise any cognizable constitutional claim.

On December 17th, 2020, after a hearing before the court, the court denied Plaintiffs’ motion for a Temporary Restraining Order and granted Defendants’ motion to dismiss. Plaintiffs filed an emergency motion for injunction pending appeal and an appeal to the United States Court of Appeals for the Eleventh Circuit. By order dated December 20th, 2020, the Eleventh Circuit denied Plaintiffs’ motion, holding that Plaintiffs failed to make a showing of standing to bring their constitutional claims because Plaintiffs failed to demonstrate that any alleged injury is traceable to, and redressable by, the State. The case was dismissed on January 24, 2021.

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Summary Authors

(11/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18735979/parties/georgia-republican-party-inc-v-raffensperger/

Judge(s)

Attorney for Plaintiff

Cullen, Richard (Georgia)

Attorney for Defendant

Callais, Amanda R. (Georgia)

Coppedge, Susan (Georgia)

Elias, Marc E. (Georgia)

Expert/Monitor/Master/Other

Clarke, Kristen (Georgia)

Judge(s)

Ross, Eleanor Louise (Georgia)

Attorney for Plaintiff

Cullen, Richard (Georgia)

Farley, Peter Norbert (Georgia)

Francisco, Michael Lee (Georgia)

Spears, Brooks Holton (Georgia)

Terwilliger, George J. (Georgia)

Attorney for Defendant

Callais, Amanda R. (Georgia)

Coppedge, Susan (Georgia)

Elias, Marc E. (Georgia)

Geise, John Michael (Georgia)

Hawley, Jonathan Patrick (Georgia)

Hill, Laura (Georgia)

Jr, Halsey G. (Georgia)

Lewis, Joyce Gist (Georgia)

McGowan, Charlene S (Georgia)

Rodgers, Torryn Taylor (Georgia)

Sparks, Adam Martin (Georgia)

Expert/Monitor/Master/Other

Clarke, Kristen (Georgia)

Greenbaum, Jon M. (Georgia)

Houk, Julie Marie (Georgia)

Powers, John Michael (Georgia)

Rosenberg, Ezra D (Georgia)

Sells, Bryan Ludington (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2-1 1:20-cv-05018	Declaratory and Injunctive Relief Sought Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 10, 2020	Dec. 10, 2020 Pleading / Motion / Brief
2 1:20-cv-05018	[Untitled] Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 10, 2020	Dec. 10, 2020 Pleading / Motion / Brief
2-3 1:20-cv-05018	Exhibit B Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 10, 2020	Dec. 10, 2020 Monitor/Expert/Receiver Report
2-2 1:20-cv-05018	Exhibit A Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 10, 2020	Dec. 10, 2020 Monitor/Expert/Receiver Report
1 1:20-cv-05018	Declaratory and Injunctive Relief Sought Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 10, 2020	Dec. 10, 2020 Complaint
12 1:20-cv-05018	[Untitled] Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 11, 2020	Dec. 11, 2020 Pleading / Motion / Brief
15 1:20-cv-05018	1:20-CV-05018-ELR Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 14, 2020	Dec. 14, 2020 Order/Opinion
27 1:20-cv-05018	CIVIL ACTION NO. 1:20-cv-5018-ELR Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 16, 2020	Dec. 16, 2020 Pleading / Motion / Brief
27-1 1:20-cv-05018	CIVIL ACTION NO. 1:20-cv-5018-ELR Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 16, 2020	Dec. 16, 2020 Pleading / Motion / Brief
27-2 1:20-cv-05018	CIVIL ACTION NO. 1:20-cv-5018-ELR Georgia Republican Part, Et Al V. Raffensperger, Et Al	Dec. 16, 2020	Dec. 16, 2020 Declaration/Affidavit

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18735979/georgia-republican-party-inc-v-raffensperger/

Last updated Aug. 9, 2025, 10:14 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by National Republican Senatorial Committee, Georgians for Kelly Loeffler, Georgia Republican Party, Inc., and Perdue for Senate. (Filing fee $402, receipt number AGANDC-10478983) (Attachments: # 1 Proposed Summons - Anh Lee (not issued), # 2 Civil Cover Sheet) (jpk) 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: 12/11/2020) 1 Proposed Summons - Anh Lee (not issued) View on PACER 2 Civil Cover Sheet View on PACER	Dec. 10, 2020	Dec. 10, 2020 RECAP
2	MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, and Perdue for Senate. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B) (jpk) (Entered: 12/11/2020) 1 Brief View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP	Dec. 10, 2020	Dec. 10, 2020 RECAP
5	Certificate of Interested Persons and Corporate Disclosure Statement by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, and Perdue for Senate. (jpk) (Entered: 12/11/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
	Submission of 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to District Judge Eleanor L. Ross. (jpk)	Dec. 11, 2020	Dec. 11, 2020 PACER
	Submission to District Judge	Dec. 11, 2020	Dec. 11, 2020 PACER
3	Electronic Summons Issued as to Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, and David J. Worley. (Attachments: # 1 Summons Rebecca N. Sullivan, # 2 Summons David J. Worley, # 3 Summons Matthew Mashburn) (jpk) (Entered: 12/11/2020) 1 Summons Rebecca N. Sullivan View on PACER 2 Summons David J. Worley View on PACER 3 Summons Matthew Mashburn View on PACER	Dec. 11, 2020	Dec. 11, 2020 PACER
	Clerks Notation for LOA/CIP	Dec. 11, 2020	Dec. 11, 2020 PACER
4	NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
	Clerks Notation re 5 Certificate of Interested Persons/Corporate Disclosures by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, and Perdue for Senate. Read and approved by District Judge Eleanor L. Ross. (mlb)	Dec. 11, 2020	Dec. 11, 2020 PACER
6	PROPOSED SUMMONS filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate for Anh Lee (Farley, Peter) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
7	APPLICATION for Admission of George J. Terwilliger, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482553).by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
8	APPLICATION for Admission of Michael Lee Francisco Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482612).by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
9	APPLICATION for Admission of Brooks Holton Spears Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482628).by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
10	APPLICATION for Admission of Richard Cullen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482645).by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
11	ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED: The Court SCHEDULES a hearing regarding the motion for Monday, December 21, 2020, at 2:00 P.M. in Courtroom 1708, U.S. Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia. The Court DIRECTS the Parties to jointly submit, within five (5) days from the date of entry of this order, a joint proposed schedule of the hearing setting forth how much time is requested by each party for oral argument. The Court sets the following expedited briefing schedule for Plaintiffs' motion: if Defendants intend to file a response to Plaintiffs' motion, they must do so by Wednesday, December 16, 2020. If Plaintiffs intend to file a reply, they must do so by Thursday, December 17, 2020. The Court DIRECTS the Parties to govern themselves according to the deadlines set herein. Signed by Judge Eleanor L. Ross on 12/11/2020. (jpk) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 RECAP
12	MOTION to Intervene with Brief In Support by Democratic Party of Georgia, Inc., DSCC. (Attachments: # 1 Ex. 1 - Proposed Intervenor-Defendants' Proposed Answer to Plaintiffs' Complaint)(Sparks, Adam) (Entered: 12/11/2020) 1 Ex. 1 - Proposed Intervenor-Defendants' Proposed Answer to Plaintiffs' View on RECAP	Dec. 11, 2020	Dec. 11, 2020 RECAP
13	Certificate of Interested Persons by DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
14	NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/8/2020. (jpk) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Clerks Notation for LOA/CIP	Dec. 14, 2020	Dec. 14, 2020 PACER
	Clerks Notation re 13 Certificate of Interested Persons/Corporate Disclosures by DSCC, Democratic Party of Georgia, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb)	Dec. 14, 2020	Dec. 14, 2020 PACER
15	ORDER granting 12 Motion to Intervene. The Court DIRECTS the Clerk to add these entities as Parties to this action and to docket their proposed Answer to Plaintiffs' Complaint (Doc. 12-1). Signed by Judge Eleanor L. Ross on 12/14/2020. (jpk) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 RECAP
16	ANSWER to 1 COMPLAINT by DSCC and Democratic Party of Georgia. Discovery ends on 5/13/2021. (jpk) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
	APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Brooks Holton Spears Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482628).. Attorney Brooks Holton Spears added appearing on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (cdg)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Approval of Application for Admission Pro Hac Vice	Dec. 14, 2020	Dec. 14, 2020 PACER
17	ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED: The Court RESCHEDULES the hearing to Thursday, December 17, at 9:30 A.M. Additionally, at the request of the Parties, the hearing will now be conducted via Zoom. The Court DIRECTS the Parties to jointly submit, within one (1) day from the date of entry of this order, a joint proposed schedule of the hearing setting forth how much time is requested by each party for oral argument. The Court sets the following expedited briefing schedule for Plaintiffs' motion: if Defendants and/or Defendant-Intervenors intend to file a response to Plaintiffs' motion, they must do so by 12:00 P.M. on Wednesday, December 16, 2020. If Plaintiffs intend to file a reply, they must do so by 10:00 P.M. on Wednesday, December 16, 2020. The Court DIRECTS the Parties to govern themselves according to the deadlines set herein. Signed by Judge Eleanor L. Ross on 12/14/2020. (jpk) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 RECAP
	Order on Application for Admission PHV	Dec. 14, 2020	Dec. 14, 2020 PACER
	APPROVAL by Clerks Office re: 8 APPLICATION for Admission of Michael Lee Francisco Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482612). Attorney Michael Lee Francisco added appearing on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (cdg)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Clerks Certificate of Mailing	Dec. 14, 2020	Dec. 14, 2020 PACER
	APPROVAL by Clerks Office re: 7 APPLICATION for Admission of George J. Terwilliger, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482553).. Attorney George J. Terwilliger, III added appearing on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (cdg)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Notice of Video/Telephone Proceeding	Dec. 14, 2020	Dec. 14, 2020 PACER
	APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Richard Cullen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10482645).. Attorney Richard Cullen added appearing on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (cdg)	Dec. 14, 2020	Dec. 14, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 7 Application for Admission Pro Hac Vice of George J. Terwillinger; GRANTING 8 Application for Admission Pro Hac Vice of Michael Lee Francisco; GRANTING 9 Application for Admission Pro Hac Vice of Brooks Holton Spears; and GRANTING 10 Application for Admission Pro Hac Vice of Richard Cullen. Approved by District Judge Eleanor L. Ross on 12/14/20. 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.(mlb)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Clerk's Certificate of Mailing (via email) to G. Terwillinger, M. Francisco, B. Spears and R. Cullen as to Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee and Perdue for Senate regarding Order on Application for Admission PHV. (mlb)	Dec. 14, 2020	Dec. 14, 2020 PACER
18	Electronic Summons Issued as to Anh Le. (jpk) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
	NOTICE OF VIDEO PROCEEDING re: 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. Motion Hearing set for 12/17/2020 at 09:30 AM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. Connection Instructions: https://ganduscourts.zoomgov.com/j/1613985974 Passcode: 188146 Or iPhone one-tap : US: +16692545252,,1613985974#,,,,,,0#,,188146# or +16468287666,,1613985974#,,,,,,0#,,188146# 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: 161 398 5974 Passcode: 188146 International numbers available: https://ganduscourts.zoomgov.com/u/aBeBk77DD Or an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East). 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. (mlb)	Dec. 14, 2020	Dec. 14, 2020 PACER
19	NOTICE of Appearance by Charlene S McGowan on behalf of Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (McGowan, Charlene) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
20	APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493331).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 PACER
21	APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493349).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 PACER
22	APPLICATION for Admission of John M. Geise Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493375).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 PACER
23	ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED: The Court RESCHEDULES the hearing on Plaintiffs' motion for Thursday, December 17, 2020, at 3:00 P.M. The hearing will be conducted via Zoom. As the Court directed in its previous Order, the Parties shall jointly submit a proposed schedule on Tuesday, December 15, 2020, setting forth how much time each Party requests for oral argument. The briefing schedule set forth in the Court's previous Order remains the same. The Court DIRECTS the Parties to govern themselves according to the deadlines set herein. Signed by Judge Eleanor L. Ross on 12/15/2020. (jpk) (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 RECAP
24	Joint Proposed Hearing Schedule by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) Modified on 12/16/2020 to edit text (jpk). (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 RECAP
25	MOTION for Leave to File Declarations in Support of Emergency Motion for TRO & Preliminary Injunction by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 RECAP
26	ORDER granting the 24 Joint Proposed Hearing Schedule. Signed by Judge Eleanor L. Ross on 12/16/2020. (jpk) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 RECAP
27	MOTION to Dismiss with Brief In Support by Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief, # 2 Affidavit of Chris Harvey)(McGowan, Charlene) (Entered: 12/16/2020) 1 Brief View on RECAP 2 Affidavit of Chris Harvey View on RECAP	Dec. 16, 2020	Dec. 16, 2020 RECAP
28	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Affidavit of Chris Harvey)(McGowan, Charlene) (Entered: 12/16/2020) 1 Affidavit of Chris Harvey View on RECAP	Dec. 16, 2020	Dec. 16, 2020 RECAP
29	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by DSCC, Democratic Party of Georgia. (Attachments: # 1 Ex. 1 - Pearson v. Kemp Hr'g Tr., # 2 Ex. 2 - May 1, 2020 OEB, # 3 Ex. 3 - Rodden Report, # 4 Ex. 4 - Boland v. Raffensperger Final Order, # 5 Ex. 5 - John Wood v. Raffensperger Final Order)(Sparks, Adam) (Entered: 12/16/2020) 1 Ex. 1 - Pearson v. Kemp Hr'g Tr. View on RECAP 2 Ex. 2 - May 1, 2020 OEB View on RECAP 3 Ex. 3 - Rodden Report View on RECAP 4 Ex. 4 - Boland v. Raffensperger Final Order View on RECAP 5 Ex. 5 - John Wood v. Raffensperger Final Order View on RECAP	Dec. 16, 2020	Dec. 16, 2020 RECAP
30	MOTION for Leave to File amicus brief in opposition to the plaintiffs' motion for a temporary restraining order and preliminary injunction by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 proposed amicus brief)(Sells, Bryan) (Entered: 12/16/2020) 2 View on RECAP	Dec. 16, 2020	Dec. 16, 2020 PACER
	Approval of Application for Admission Pro Hac Vice	Dec. 16, 2020	Dec. 16, 2020 PACER
31	NOTICE of Appearance by Richard Cullen on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (Cullen, Richard) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	Order on Application for Admission PHV	Dec. 16, 2020	Dec. 16, 2020 PACER
32	NOTICE of Appearance by Brooks Holton Spears on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, and Perdue for Senate (Spears, Brooks) Modified on 12/17/2020 to add filers (jpk). (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	Clerks Certificate of Mailing	Dec. 16, 2020	Dec. 16, 2020 PACER
	APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493331).. Attorney Marc E. Elias added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 16, 2020	Dec. 16, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 20 Application for Admission Pro Hac Vice of Marc E. Elias. Approved by District Judge Eleanor L. Ross on 12/16/20. 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.(mlb)	Dec. 16, 2020	Dec. 16, 2020 PACER
	APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493349).. Attorney Amanda R. Callais added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 16, 2020	Dec. 16, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 21 Application for Admission Pro Hac Vice of Amanda R. Callais. Approved by District Judge Eleanor L. Ross on 12/16/20. 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.(mlb)	Dec. 16, 2020	Dec. 16, 2020 PACER
33	ORDER granting 30 Motion for Leave to File Amicus Brief. The Court finds that the information proffered by the Proposed Amici is both timely and useful. The Court GRANTS the motion and deems the Amici Curiae Brief (Doc. 30-2) filed as the date of this Order. Signed by Judge Eleanor L. Ross on 12/16/2020. (jpk) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	APPROVAL by Clerks Office re: 22 APPLICATION for Admission of John M. Geise Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10493375).. Attorney John Michael Geise added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 16, 2020	Dec. 16, 2020 PACER
34	NOTICE of Appearance by George J. Terwilliger, III on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (Terwilliger, George) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
35	Amicus BRIEF in Opposition to 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Georgia Coalition for the Peoples' Agenda, Inc. and Georgia State Conference of the NAACP. (jpk) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 RECAP
	MINUTE ORDER (by docket entry only) GRANTING 22 Application for Admission Pro Hac Vice of John M. Geise. Approved by District Judge Eleanor L. Ross on 12/16/20. 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.(mlb)	Dec. 16, 2020	Dec. 16, 2020 PACER
36	NOTICE of Appearance by Michael Lee Francisco on behalf of Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate (Francisco, Michael) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	Clerk's Certificate of Mailing (via email) to John M. Geise as to DSCC and Democratic Party of Georgia regarding Order on Application for Admission PHV. (mlb)	Dec. 16, 2020	Dec. 16, 2020 PACER
37	ORDER granting 25 Motion for Leave to File Declarations. The Court DIRECTS Plaintiffs to file each of the declarations attached to their motion into the docket as soon as possible, no later than 12:00 P.M. on December 17, 2020. Signed by Judge Eleanor L. Ross on 12/16/2020. (jpk) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
38	APPLICATION for Admission of Torryn Taylor Pro Hac Vice (Application fee $ 150, receipt number BGANDC-10500701).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
39	APPLICATION for Admission of Laura Hill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10500762).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
40	NOTICE Of Filing by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate of Declarations in Support of Emergency Motion for TRO and Preliminary Injunction (Attachments: # 1 Exhibit 1 - Declaration of Benjamin Grayson, # 2 Exhibit 2 - Declaration of Darby Grant, # 3 Exhibit 3 - Declaration of Stewart Bragg, # 4 Exhibit 4 - Declaration of Benjamin Fry, # 5 Exhibit 5 - Declaration of Jason Sorens, # 6 Exhibit 6 - Declaration of Scott Gessler)(Farley, Peter) (Entered: 12/16/2020) 1 Exhibit 1 - Declaration of Benjamin Grayson View on RECAP 2 Exhibit 2 - Declaration of Darby Grant View on RECAP 3 Exhibit 3 - Declaration of Stewart Bragg View on RECAP 4 Exhibit 4 - Declaration of Benjamin Fry View on RECAP 5 Exhibit 5 - Declaration of Jason Sorens View on RECAP 6 Exhibit 6 - Declaration of Scott Gessler View on RECAP	Dec. 16, 2020	Dec. 16, 2020 RECAP
41	DOCUMENT FILED IN ERROR - filed correctly at 42 PROVISIONALLY SEALED REPLY BRIEF re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Francisco, Michael) Modified on 12/17/2020 to edit text per attorney request (jpk). (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
42	REPLY BRIEF re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Francisco, Michael) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 RECAP
43	APPLICATION for Admission of Jonathan Hawley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10501602).by DSCC, Democratic Party of Georgia. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
44	(found within the 42 Reply Brief) RESPONSE in Opposition re 27 MOTION to Dismiss filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, and Perdue for Senate. (jpk) (Entered: 12/17/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	NOTICE OF VIDEO PROCEEDING re: 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. Motion Hearing set for 12/17/2020 at 03:00 PM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. Connection Instructions: https://ganduscourts.zoomgov.com/j/1613985974 Passcode: 188146 Or iPhone one-tap : US: +16692545252,,1613985974#,,,,,,0#,,188146# or +16468287666,,1613985974#,,,,,,0#,,188146# : 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. (mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Notice of Video/Telephone Proceeding	Dec. 17, 2020	Dec. 17, 2020 PACER
	APPROVAL by Clerks Office re: 38 APPLICATION for Admission of Torryn Taylor Pro Hac Vice (Application fee $ 150, receipt number BGANDC-10500701).. Attorney Torryn Taylor added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 38 Application for Admission Pro Hac Vice of Torryn Taylor. Approved by District Judge Eleanor L. Ross on 12/17/20. 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.(mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	APPROVAL by Clerks Office re: 39 APPLICATION for Admission of Laura Hill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10500762).. Attorney Laura Hill added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 39 Application for Admission Pro Hac Vice of Laura Hill. Approved by District Judge Eleanor L. Ross on 12/17/20. 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.(mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Clerk's Certificate of Mailing (via email) to Laura Hill as to DSCC and Democratic Party of Georgia regarding Order on Application for Admission PHV. (mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	APPROVAL by Clerks Office re: 43 APPLICATION for Admission of Jonathan Hawley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10501602).. Attorney Jonathan Hawley added appearing on behalf of DSCC, Democratic Party of Georgia (nmb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 43 Application for Admission Pro Hac Vice of Jonathan Hawley. Approved by District Judge Eleanor L. Ross on 12/17/20. 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.(mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Clerk's Certificate of Mailing (via email) to Jonathan Hawley as to DSCC and Democratic Party of Georgia regarding Order on Application for Admission PHV. (mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Clerks Certificate of Mailing	Dec. 17, 2020	Dec. 17, 2020 PACER
45	APPLICATION for Admission of John M. Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10504389).by Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP. (Sells, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Approval of Application for Admission Pro Hac Vice	Dec. 17, 2020	Dec. 17, 2020 PACER
	APPROVAL by Clerks Office re: 45 APPLICATION for Admission of John M. Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10504389).. Attorney John Michael Powers added appearing on behalf of Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP (cdg)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Order on Application for Admission PHV	Dec. 17, 2020	Dec. 17, 2020 PACER
	MINUTE ORDER (by docket entry only) GRANTING 45 Application for Admission Pro Hac Vice of John M. Powers. Approved by District Judge Eleanor L. Ross on 12/17/20. 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.(mlb)	Dec. 17, 2020	Dec. 17, 2020 PACER
46	Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 12/17/2020 re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. 2 Motion for TRO DENIED. 27 Motion to Dismiss GRANTED. Video Hearing re Motion for TRO. Oral argument from the parties and the Court ruled from the bench. Case DISMISSED. See transcript for detail. (Court Reporter Elizabeth Cohn) (jpk) (Entered: 12/18/2020)	Dec. 17, 2020	Dec. 17, 2020 RECAP
47	Emergency MOTION to Stay Under Rule 62 with Brief In Support by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. (Farley, Peter) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 RECAP
48	NOTICE OF APPEAL as to 46 Order on Motion to Dismiss,, Order on Motion for TRO,, Motion Hearing, by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, National Republican Senatorial Committee, Perdue for Senate. Filing fee $ 505, receipt number AGANDC-10510750. Transcript Order Form due on 1/4/2021 (Farley, Peter) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 RECAP
49	NOTICE Of Filing NOA Transmittal Letter re: 48 Notice of Appeal. (pjm) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 RECAP
50	Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Minute Entry/Order and Docket Sheet to US Court of Appeals re: 48 Notice of Appeal. (pjm) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
51	USCA Acknowledgment of 48 Notice of Appeal, filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, Perdue for Senate and National Republican Senatorial Committee. Case Appealed to USCA- 11th Circuit. Case Number 20-14741-RR. (pjm) Modified on 12/21/2020 to correct filed date (pjm). (Entered: 12/21/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
52	USCA Order: Motion to expedite filed by Appellants National Republican Senatorial Committee, Georgia Republican Party, Inc., Perdue for Senate and Georgians for Kelly Loeffler is GRANTED. Motion for stay or injunction pending appeal filed by Appellants National Republican Senatorial Committee, Georgia Republican Party, Inc., Perdue for Senate and Georgians for Kelly Loeffler is DENIED re: 48 Notice of Appeal, filed by Georgia Republican Party, Inc., Georgians for Kelly Loeffler, Perdue for Senate and National Republican Senatorial Committee. Case Appealed to USCA- 11th Circuit. Case Number 20-14741-RR. (pjm) (Entered: 12/21/2020)	Dec. 20, 2020	Dec. 20, 2020 RECAP
	Notification of Docket Correction re: 51 USCA Acknowledgment, as the filed date was incorrect. All of the necessary corrections have been made. (pjm)	Dec. 21, 2020	Dec. 21, 2020 PACER
	Notification of Docket Correction	Dec. 21, 2020	Dec. 21, 2020 PACER
53	ORDER denying as moot 47 Motion to Stay. The Court DIRECTS the Clerk to close this case. Signed by Judge Eleanor L. Ross on 12/21/2020. (jpk) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 RECAP
	Terminated Case	Dec. 21, 2020	Dec. 21, 2020 PACER
54	CLERK'S JUDGMENT dismissing this action (jpk)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 RECAP
	Civil Case Terminated. (jpk)	Dec. 21, 2020	Dec. 21, 2020 PACER

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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. 10, 2020

Closing Date: Jan. 4, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Georgia Republican Party, Inc. National Republican Senatorial Committee Perdue for Senate (principal campaign committee for David Perdue) Georgians for Kelly Loeffler (principal campaign committee for Kelly Loeffler)

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Georgia, Vice Chair of the State Election Board, Three Members of the State Election Board, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):