Filed Date: Dec. 31, 2020
Closed Date: Jan. 8, 2021
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This is a case about a lawsuit filed by Donald J. Trump, involving allegations of an improper certification of the results of the November 3, 2020, General Election for President in the State of Georgia. On November 3, 2020, an election for President of the United States was conducted. Defendant Secretary of State of Georgia served as the "chief election official" of Georgia, and was required by law to certify the votes cast for all presidential candidates. Pursuant to U.S. Const. art. II, § 1, cl. 2, 3 U.S.C. §§ 1, 5 and 6, O.C.G.A. §§ 21-2-10 and 21-2-499, the votes were counted, hand counted during an audit, certified, recounted, and re-certified under Georgia Law. On November 20, 2020, the Secretary of State and the Governor certified that Joseph Biden had prevailed over Plaintiff. Then, pursuant to applicable law, Governor Kemp sent the slate to Congress for them to count the certified votes as set forth in 3 U.S.C. § 15.
On December 31, 2020, Donald J. Trump filed the lawsuit in the United States District Court Northern District of Georgia. Plaintiff sued the Governor of the State of Georgia and the Georgia Secretary of State. Plaintiff alleged violation of Article II and the Due Process Clause of the United States Constitution and O.C.G.A. Represented by private counsel, Plaintiff sought Emergency Injunctive and Declaratory Relief. He claimed that an Emergency Injunction was required in order to de-certify the election because the manner in which it was certified would have been contrary to Legislature of the State of Georgia and the US Constitution. Plaintiff stated that Georgia Election Code allows a candidate to contest the results of an election based on "misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result" or "when illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the results" (O.C.G.A. S. 21-2-522(1),(3)). The case was assigned to Judge Mark H. Cohen.
Plaintiff had three key allegations. First, that the Georgia election officials allowed unqualified individuals to register and vote in violation of O.C.G.A, which would have resulted in more than 11,779 "illegal" votes to be counted in the State of Georgia. Plaintiff stated that such amount was sufficient to change the outcome of the election. Second, Georgia election officials would have ignored or altered statutory election procedures established by the Legislature. Third, Plaintiff alleged several violations of Georgia law that requires all proceedings at vote tabulation centers be open to the view of the public. Plaintiff alleged that these three main facts led to a change in the results of the election or at the very least place such results in doubt. Plaintiff alleged that there were discussions and pending claims (Trump v. Raffensperger, No. 2020CV343255) and despite that and including a pending election contest by Plaintiff, Defendants certified the results of the November 3, 2020, election on December 7, 2020. Because electoral votes would be opened and counted by a joint session of Congress beginning January 6, 2021, Plaintiff alleged the Court's immediate intervention was necessary to prevent invalidly certified electoral votes from being opened and counted in Congress on January 6, 2021.
On January 4, 2021, the Defendants filed their Response in opposition to Plaintiff's motion for expedited declaratory and injunctive relief, stating that the Court lacked Subject Matter Jurisdiction, Plaintiff lacked standing under the Electors Clause and the Due Process Clause, Plaintiff's claims were moot and barred by Laches and the Eleventh Amendment, among others.
A hearing before the Court was held on January 5, 2021, and after such hearing, the Court denied the Plaintiff's Motion for Expedited and Declaratory and Injunctive Relief. The Court declared that the Plaintiff failed to demonstrate the four criteria for standing: (1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that entry of the relief would not be adverse to the public interest. In addition, the Court stated that to interfere with the result of an election that has already concluded and has been audited and certified on multiple occasions would be unprecedented and harm the public.
On January 7, 2021, Plaintiff filed a Notice of Voluntary Dismissal before the Court, to dismiss the case without prejudice due to an out of court settlement agreement pursuant to Fed. R. Civ. P. 41. However, on January 7, 2021, Defendants filed a Response in which they stated they did not object to the voluntary dismissal notice but did object to the false grounds articulated in the notice. In particular, they stated that there was no "settlement" reached.
After such notice, on January 8, 2021, the Court's Clerk filed an Entry of Dismissal approving the Notice of Voluntary Dismissal and declaring the case as terminated.
Summary Authors
Diana Milberg (8/7/2024)
Joshua Kopel (2/14/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/28917289/parties/trump-v-kemp/
Cohen, Mark Howard (Georgia)
Eastman, John Charles (Georgia)
Hilbert, Kurt Robert (Georgia)
Anulewicz, Christopher S. (Georgia)
McGowan, Charlene S (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/28917289/trump-v-kemp/
Last updated Aug. 9, 2025, 10:11 p.m.
State / Territory: Georgia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Dec. 31, 2020
Closing Date: Jan. 8, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Former President of the United States, Donald J. Trump
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
Voting: