Filed Date: Aug. 31, 2021
Closed Date: Feb. 11, 2022
Clearinghouse coding complete
This case concerns the Georgia Election Integrity Act, SB202.
On August 31, 2021, the Solicitor General of Gwinnett County, Georgia filed this lawsuit in the Northern District of Georgia against the Georgia Secretary of State and the Georgia State Election Board. Plaintiff alleged SB202, otherwise known as the Georgia Election Integrity Act, violated Section 2 of the Voting Rights Act of 1965, 52 U.S.C. 10301. Plaintiff also brought a claim under 42 U.S.C. 1983, alleging SB202 violated the First, Fourteenth, and Fifteenth Amendments to the United States Constitution.
SB202 prohibited certain campaign activities in the vicinity of polling places, including soliciting votes, displaying campaign material, or providing gifts, including food and water, to prospective voters waiting in line at polling places. SB202 made violations of these provisions a misdemeanor punishable by up to 12 months in prison or a $1,000 fine. Plaintiff brought this suit alleging that SB202 "lacks the criminal elements of both intent and harm," stating that there is no victim for alleged violations of SB202 and that "criminal intent cannot be proven by the humanitarian act of giving food or water without any political purpose, materials[,] clothing or speech." Plaintiff also stated that SB202 was overbroad and imposed cruel and unusual punishment in violation of the Eighth Amendment. Plaintiff therefore sought an injunction against enforcement of SB202 and a declaration that SB202 was unconstitutional.
Plaintiff then filed an amended complaint against the same Defendants on September 2, 2021 that was substantively identical.
On September 17, 2021, the Republican National Committee, the National Republican Senatorial Committee, and Georgia Republican Party, Inc. moved to intervene as defendants in the case, arguing to the Court that they have been allowed to intervene in eight separate cases challenging the same statute in that Court already. Plaintiff never challenged the intervention.
Plaintiff never served either Complaint on the Defendants. As a result, on January 28, 2022, the Court issued an order compelling Plaintiff to show case for why the case should not be dismissed for failure to timely effectuate process. The Court gave Plaintiff a deadline on February 4, 2022, which Plaintiff never responded to.
On February 9, 2022, Plaintiff filed a Second Amended Complaint. Plaintiff amended this complaint to address SB202's creation of oversight committees, which Plaintiff alleged "can and are being used to monitor and takeover independent county agencies [and] Election Boards." Plaintiff claimed the formation of these boards violated unspecified Georgia laws, and infringed on "the right of the people to have the inherent ability to regulate their local government." Plaintiff sought the same injunctive and declaratory relief nullifying SB202.
The Court dismissed the case on February 11, 2022. The Court noted that Plaintiff never served the initial Complaint on Defendants, which violated Federal Rules of Civil Procedure 4(m)'s requirement of service within 90 days of filing. The Court also noted that Plaintiff's filing of Amended Complaints did not restart the clock for service, as that only applies when new parties are named, which neither Amended Complaint did. As a result, the Court found that dismissal was necessary. The Court also dismissed the Motion to Intervene as moot.
The case remains closed.
Summary Authors
Joseph Mayotte (12/28/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60335515/parties/whiteside-v-raffensperger/
Boulee, Jean-Paul (Georgia)
Begakis, Steven Christopher (Georgia)
Carver, William Bradley (Georgia)
Green, Tyler R. (Georgia)
Jacoutot, Bryan Francis (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/60335515/whiteside-v-raffensperger/
Last updated Jan. 12, 2026, 10:09 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Aug. 31, 2021
Closing Date: Feb. 11, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is the Solicitor General of Gwinnett County, Georgia
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Georgia Secretary of State, State
Georgia State Election Board, State
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Constitutional Clause(s):
Other Dockets:
Northern District of Georgia 1:21-cv-03618
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Voting: