Case: Fair Fight Action v. Raffensperger

1:18-cv-05391 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 27, 2018

Closed Date: Sept. 30, 2022

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Case Summary

Two voter-rights advocacy organizations and four religious non-profit organizations brought actions against the Georgia Secretary of State, the State Election Board, and members of the State Election Board alleging constitutional violations and violations of the Voting Rights Act. The original complaint was filed on November 27, 2018, by the two voter-rights groups. The complaint was amended twice. The four religious non-profit organizations joined as plaintiffs as part of the first amendment. Plaintiffs sought declaratory and injunctive relief. The plaintiffs alleged violations of the fundamental right to vote afforded by the 1st and 14th Amendments to the Constitution, the ban on racial discrimination in voting under the 15th amendment, equal protection under the 14th amendment, procedural due process under the 14th amendment, and Section 2 of the Voting Rights Act of 1965. Plaintiffs raised concerned about absentee ballot cancellations due to lack of proper training; exact match requirements for IDs and citizenship; and mismanagement of voter rolls by removing eligible voters in the felon match process, removal and changes to the information of eligible voters in the duplicate match process, and removal of eligible voters in the "vitals" process.

On December 27, 2019, the Court denied plaintiffs' motion for preliminary injunction, which targeted Georgia’s list maintenance process and the changing of the status of a large number of Georgia voters on the State’s inactive voter list to canceled status, on Eleventh Amendment and state sovereignty grounds. Subsequent to filing of Plaintiffs' motion, though, the Secretary of State returned 22,000 of the voters at issue to the voting rolls. And, exercising its inherent power, the Court ordered Defendants to make additional diligent and reasonable efforts to inform the general public of the voter list maintenance process and the need for the canceled voters to reregister to vote during the applicable registration time period.

Some of plaintiffs' claims were dismissed prior to the trial.

Following a delay due to COVID, the court held a bench trial that began on April 11, 2022 and concluded on June 23, 2022. The parties presented the testimony of over 50 witnesses including experts. The Court found in favor of the defendants and entered judgment on September 30, 2022. The Court ordered plaintiffs to pay a judgment of $231,303.71 for the costs of copies and transcripts.

The Court held as follows:

1. Plaintiff organizations established injury-in-fact, as required for Article III standing;

2. Policies relating to matching of certain identification information provided on voter registration applications and matching of applicants' citizenship information were traceable and redressable by defendants, as required for Article III standing;

3. Claims did not present political questions, as would bar the Court from exercising jurisdiction;

4. Plaintiff organizations failed to show that the Secretary's training on absentee ballot cancellation burdened voters, as required to establish the causation element of section 1983 claims based on violations of the First and Fourteenth Amendments;

5. The Anderson-Burdick framework did not apply to claims arising from training on absentee ballot cancellation procedures;

6. Defendants could not be held liable under section 1983 for violations of the right to vote arising from mismanagement of voter rolls with respect to felon matching;

7. The policies relating to matching of identification and citizenship information did not violate the Fifteenth Amendment or Equal Protection Clause; and

8. The policies related to matching of identification and citizenship information did not violate the Voting Rights Act.

Summary Authors

Angela Morrison (12/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8286682/parties/fair-fight-action-inc-v-raffensperger/

Judge(s)

Attorney for Plaintiff

Anderson, Norman G. (Georgia)

Bernstein, Scott (Georgia)

Attorney for Defendant

Anderson, Kimberly K. (Georgia)

Bedard, Edward (Georgia)

Belinfante, Joshua Barrett (Georgia)

Judge(s)

Jones, Steve CarMichael (Georgia)

Attorney for Plaintiff

Anderson, Norman G. (Georgia)

Bernstein, Scott (Georgia)

Bhabha, Ishan K. (Georgia)

Bracey, Kali Nneka (Georgia)

Bryan, Leslie J. (Georgia)

Bundy, Thomas Robinson (Georgia)

Chandler, John A. (Georgia)

Coco-Ewing, Celeste R. (Georgia)

Cogen, Maia J. (Georgia)

Creelan, Jeremy M. (Georgia)

Diaz, Jonathan (Georgia)

Douglis, Allison Nicole (Georgia)

Dowd, Sarah A. (Georgia)

DuBose, Von A. (Georgia)

Edmondson, Elizabeth (Georgia)

Ershow, Jeremy Hale (Georgia)

Fink, Sarah R. (Georgia)

Ganske, Rodney J. (Georgia)

Gupta, Nina C. (Georgia)

Hall-Palerm, Victoria J. (Georgia)

Herman, Andrew D. (Georgia)

Hotaling, Keri L. (Georgia)

Kaiser, Matthew G. (Georgia)

Kastorf, Kurt G. (Georgia)

Lawrence, Allegra J. (Georgia)

Lindenbaum, Dara (Georgia)

McClafferty, Michelle L (Georgia)

Owens, Monica Racine (Georgia)

Smith, Paul M. (Georgia)

Stephens, Bria (Georgia)

Stimple, Kelsey (Georgia)

Tandy, Lovita T. (Georgia)

Tanis, Elizabeth Vranicar (Georgia)

Williams, Suzanne Smith (Georgia)

Wynbrandt, Kathryn L. (Georgia)

Attorney for Defendant

Anderson, Kimberly K. (Georgia)

Bedard, Edward (Georgia)

Belinfante, Joshua Barrett (Georgia)

Denton, Alexander Fraser (Georgia)

Edmondson, Anna Nicole (Georgia)

Hernandez, Danielle Maria (Georgia)

Jacoutot, Bryan Francis (Georgia)

Johnson, Melanie Leigh (Georgia)

Lake, Brian Edward (Georgia)

LaRoss, Diane Festin (Georgia)

Miller, Carey Allen (Georgia)

Paradise, Loree Anne (Georgia)

Pico-Prats, Javier (Georgia)

Russo, Vincent Robert (Georgia)

Swindle, Andrew M. (Georgia)

Tyson, Bryan P. (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:18-cv-05391	Complaint for Declaratory and Injunctive Relief Fair Fight Action v. Crittenden	Nov. 27, 2018	Nov. 27, 2018 Complaint
35 1:18-cv-05391	State Defendants' Motion to Dismiss Plaintiffs' Complaint	Jan. 28, 2019	Jan. 28, 2019 Pleading / Motion / Brief
40 1:18-cv-05391	Plaintiffs' Response to Defendants' Motion to Dismiss	Feb. 11, 2019	Feb. 11, 2019 Pleading / Motion / Brief
41 1:18-cv-05391	Amended Complaint for Declaratory and Injunctive Relief	Feb. 19, 2019	Feb. 19, 2019 Complaint
48 1:18-cv-05391	State Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint	March 5, 2019	March 5, 2019 Pleading / Motion / Brief
52 1:18-cv-05391	Plaintiffs' Response to Defendants' Renewed Motion to Dismiss	March 19, 2019	March 19, 2019 Pleading / Motion / Brief
53 1:18-cv-05391	Defendants' Reply in Support of their Renewed Motion to Dismiss Plaintiffs' Amended Complaint	April 2, 2019	April 2, 2019 Pleading / Motion / Brief
55 1:18-cv-05391	Order on Motion to Dismiss (as to original complaint because now moot)	April 8, 2019	April 8, 2019 Order/Opinion
64 1:18-cv-05391	Transcript of Motions Hearing Before the Honorable Steve C. Jones United States District Judge	May 2, 2019	May 2, 2019 Transcript
65 1:18-cv-05391	Defendants' Supplemental Brief in Support of Their Renewed Motion to Dismiss Plaintiffs' Amended Complaint	May 6, 2019	May 6, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8286682/fair-fight-action-inc-v-raffensperger/

Last updated July 20, 2026, 5:01 a.m.

ECF Number	Date	Description	Link
1	Nov. 27, 2018	COMPLAINT with Jury Demand filed by Fair Fight Action and Care in Action. (Filing fee $400.00, receipt number 113E-8292516) (Attachments: # 1 Civil Cover Sheet)(eop) 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: 11/27/2018) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Nov. 27, 2018	Electronic Summons Issued as to Robyn A. Crittenden. (eop) (Entered: 11/27/2018)	RECAP
3	Nov. 27, 2018	Electronic Summons Issued as to David J. Worley. (eop) (Entered: 11/27/2018)	RECAP
4	Nov. 27, 2018	Electronic Summons Issued as to Ralph F. (Rusty) Simpson. (eop) (Entered: 11/27/2018)	RECAP
5	Nov. 27, 2018	Electronic Summons Issued as to Seth Harp. (eop) (Entered: 11/27/2018)	RECAP
6	Nov. 27, 2018	Electronic Summons Issued as to State Election Board. (eop) (Entered: 11/27/2018)	RECAP
7	Nov. 27, 2018	Electronic Summons Issued as to Rebecca N. Sullivan. (eop) (Entered: 11/27/2018)	RECAP
8	Nov. 27, 2018	Certificate of Interested Persons by Care in Action and Fair Fight Action. (eop) (Entered: 11/27/2018)	RECAP
9	Nov. 28, 2018	APPLICATION for Admission of Sarah A. Dowd Pro Hac Vice (Application fee $ 150, receipt number 113E-8296407)by Fair Fight Action. (Lawrence, Allegra) (Entered: 11/28/2018)	RECAP
10	Nov. 28, 2018	APPLICATION for Admission of Andrew D. Herman Pro Hac Vice (Application fee $ 150, receipt number 113E-8296499)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 11/28/2018)	RECAP
11	Nov. 28, 2018	APPLICATION for Admission of Matthew G. Kaiser Pro Hac Vice (Application fee $ 150, receipt number 113E-8296518)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 11/28/2018)	RECAP
12	Nov. 28, 2018	APPLICATION for Admission of Sarah R. Fink Pro Hac Vice (Application fee $ 150, receipt number 113E-8296521)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 11/28/2018)	RECAP
13	Nov. 30, 2018	APPLICATION for Admission of Dara Sircus Lindenbaum Pro Hac Vice (Application fee $ 150, receipt number 113E-8304297)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 11/30/2018)	RECAP
14	Nov. 30, 2018	APPLICATION for Admission of Thomas R. Bundy, III Pro Hac Vice (Application fee $ 150, receipt number 113E-8304391)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 11/30/2018)	RECAP
	Dec. 10, 2018	APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Sarah A. Dowd Pro Hac Vice (Application fee $ 150, receipt number 113E-8296407). Attorney Sarah A. Dowd added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 10, 2018	APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Andrew D. Herman Pro Hac Vice (Application fee $ 150, receipt number 113E-8296499). Attorney Andrew D. Herman added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 10, 2018	APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Matthew G. Kaiser Pro Hac Vice (Application fee $ 150, receipt number 113E-8296518). Attorney Matthew G. Kaiser added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 10, 2018	APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Sarah R. Fink Pro Hac Vice (Application fee $ 150, receipt number 113E-8296521). Attorney Sarah R. Fink added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 10, 2018	Approval of Application for Admission Pro Hac Vice
15	Dec. 11, 2018	ORDER granting 9 Application for Admission Pro Hac Vice for Petitioner Sarah A. Dowd. Signed by Judge Steve C. Jones on 12/11/2018. (rjs) (Entered: 12/11/2018)	RECAP
16	Dec. 11, 2018	ORDER granting 10 Application for Admission Pro Hac Vice for Petitioner Andrew D. Herman. Signed by Judge Steve C. Jones on 12/11/2018. (rjs) (Entered: 12/11/2018)	RECAP
17	Dec. 11, 2018	ORDER granting 11 Application for Admission Pro Hac Vice for Petitioner Matthew G. Kaiser. Signed by Judge Steve C. Jones on 12/11/2018. (rjs) (Entered: 12/11/2018)	RECAP
18	Dec. 11, 2018	ORDER granting 12 Application for Admission Pro Hac Vice for Petitioner Sarah R. Fink. Signed by Judge Steve C. Jones on 12/11/2018. (rjs) (Entered: 12/11/2018)	RECAP
19	Dec. 11, 2018	APPLICATION for Admission of Kali Nneka Bracey Pro Hac Vice (Application fee $ 150, receipt number 113E-8321700)by Care in Action, Fair Fight Action. (Bryan, Leslie) (Entered: 12/11/2018)	RECAP
	Dec. 11, 2018	Clerk's Certificate of Mailing to Sarah A. Dowd re 15 Order on Application for Admission PHV. (rjs)
	Dec. 11, 2018	Clerk's Certificate of Mailing to Andrew D. Herman re 16 Order on Application for Admission PHV. (rjs)
	Dec. 11, 2018	Clerks Certificate of Mailing
	Dec. 11, 2018	Clerk's Certificate of Mailing to Matthew G. Kaiser re 17 Order on Application for Admission PHV. (rjs)
	Dec. 11, 2018	Clerk's Certificate of Mailing to Sarah R. Fink re 18 Order on Application for Admission PHV. (rjs)
	Dec. 14, 2018	APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Thomas R. Bundy, III Pro Hac Vice (Application fee $ 150, receipt number 113E-8304391). Attorney Thomas Robinson Bundy, III added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 14, 2018	Approval of Application for Admission Pro Hac Vice
20	Dec. 17, 2018	NOTICE of Change of Address for Leslie J. Bryan, counsel for Care in Action, Fair Fight Action (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
21	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. Robyn A. Crittenden waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
22	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. David J. Worley waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
23	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. State Election Board waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
24	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. Seth Harp waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
25	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. Rebecca N. Sullivan waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
26	Dec. 17, 2018	WAIVER OF SERVICE Returned Executed by Fair Fight Action, Care in Action. Ralph F. (Rusty) Simpson waiver mailed on 11/28/2018, answer due 1/28/2019. (Bryan, Leslie) (Entered: 12/17/2018)	RECAP
	Dec. 17, 2018	Approval of Application for Admission Pro Hac Vice
	Dec. 17, 2018	APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Dara Sircus Lindenbaum Pro Hac Vice (Application fee $ 150, receipt number 113E-8304297). Attorney Dara Lindenbaum added appearing on behalf of Care in Action, Fair Fight Action (cdg)
27	Dec. 18, 2018	APPLICATION for Admission of Scott Steven Bernstein Pro Hac Vice (Application fee $ 150, receipt number 113E-8335642)by Care in Action, Fair Fight Action. (Lawrence, Allegra) (Entered: 12/18/2018)	RECAP
28	Dec. 28, 2018	ORDER granting 13 Application for Admission Pro Hac Vice for Dara Sircus Lindenbaum. Signed by Judge Steve C. Jones on 12/28/2018. (rjs) (Entered: 12/28/2018)	RECAP
29	Dec. 28, 2018	ORDER granting 14 Application for Admission Pro Hac Vice for Thomas R. Bundy, III. Signed by Judge Steve C. Jones on 12/28/2018. (rjs) (Entered: 12/28/2018)	RECAP
	Dec. 28, 2018	Clerk's Certificate of Mailing to Dara Sircus Lindenbaum re 28 Order on Application for Admission PHV. (rjs)
	Dec. 28, 2018	Clerks Certificate of Mailing
	Dec. 28, 2018	Clerk's Certificate of Mailing to Thomas R. Bundy, III re 29 Order on Application for Admission PHV. (rjs)
	Dec. 31, 2018	APPROVAL by Clerks Office re: 27 APPLICATION for Admission of Scott Steven Bernstein Pro Hac Vice (Application fee $ 150, receipt number 113E-8335642). Attorney Scott Bernstein added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Dec. 31, 2018	Approval of Application for Admission Pro Hac Vice
30	Jan. 2, 2019	ORDER granting 27 Application for Admission Pro Hac Vice for Petitioner Scott Steven Bernstein. Signed by Judge Steve C. Jones on 1/2/2019. (rjs) (Entered: 01/02/2019)	RECAP
	Jan. 2, 2019	Return of Application for Admission Pro Hac Vice
	Jan. 2, 2019	RETURN of 19 APPLICATION for Admission of Kali Nneka Bracey Pro Hac Vice (Application fee $ 150, receipt number 113E-8321700) to attorney for correction re: courts. (pmb)
31	Jan. 10, 2019	APPLICATION for Admission of Kali Nneka Bracey Pro Hac Vice (Application fee $ 150, receipt number 113E-8378357)by Care in Action, Fair Fight Action. (Bryan, Leslie) (Entered: 01/10/2019)	RECAP
32	Jan. 15, 2019	NOTICE of Appearance by Bryan P. Tyson on behalf of Robyn A. Crittenden (Tyson, Bryan) (Entered: 01/15/2019)	RECAP
	Jan. 18, 2019	APPROVAL by Clerks Office re: 31 APPLICATION for Admission of Kali Nneka Bracey Pro Hac Vice (Application fee $ 150, receipt number 113E-8378357). Attorney Kali Nneka Bracey added appearing on behalf of Fair Fight Action (pmb)
	Jan. 18, 2019	Approval of Application for Admission Pro Hac Vice
33	Jan. 23, 2019	ORDER granting 31 Application for Admission Pro Hac Vice for Petitioner Kali Nneka Bracey. Signed by Judge Steve C. Jones on 1/23/2019. (rjs) (Entered: 01/23/2019)	RECAP
	Jan. 23, 2019	Clerks Certificate of Mailing
	Jan. 23, 2019	Clerk's Certificate of Mailing to Kali Nneka Bracey re 33 Order on Application for Admission PHV. (rjs)
34	Jan. 24, 2019	COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES. (pdw) (Entered: 01/24/2019)	RECAP
35	Jan. 28, 2019	MOTION to Dismiss Plaintiffs' Complaint with Brief In Support by Robyn A. Crittenden, Seth Harp, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief Brief in Support of Motion to Dismiss)(Belinfante, Joshua) (Entered: 01/28/2019) 1 Brief Brief in Support of Motion to Dismiss View on RECAP	Clearinghouse
36	Feb. 7, 2019	NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Robyn A. Crittenden, Seth Harp, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley (Russo, Vincent) (Entered: 02/07/2019)	RECAP
37	Feb. 7, 2019	APPLICATION for Admission of Jeremy Hale Ershow Pro Hac Vice (Application fee $ 150, receipt number 113E-8436966)by Care in Action, Fair Fight Action. (Bryan, Leslie) (Entered: 02/07/2019)	RECAP
38	Feb. 7, 2019	NOTICE of Appearance by Carey Allen Miller on behalf of Robyn A. Crittenden, Seth Harp, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley (Miller, Carey) (Entered: 02/07/2019)	RECAP
39	Feb. 7, 2019	NOTICE of Appearance by Brian Edward Lake on behalf of Robyn A. Crittenden, Seth Harp, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley (Lake, Brian) (Entered: 02/07/2019)	RECAP
40	Feb. 11, 2019	RESPONSE in Opposition re 35 MOTION to Dismiss Plaintiffs' Complaint filed by Care in Action, Fair Fight Action. (Bryan, Leslie) (Entered: 02/11/2019)	Clearinghouse
	Feb. 12, 2019	APPROVAL by Clerks Office re: 37 APPLICATION for Admission of Jeremy Hale Ershow Pro Hac Vice (Application fee $ 150, receipt number 113E-8436966). Attorney Jeremy Hale Ershow added appearing on behalf of Care in Action, Fair Fight Action (pmb)
	Feb. 12, 2019	Approval of Application for Admission Pro Hac Vice
41	Feb. 19, 2019	AMENDED COMPLAINT against Seth Harp, State Election Board, Rebecca N. Sullivan, David J. Worley, Brad Raffenspergerwith Jury Demand filed by Fair Fight Action, Care in Action, Ebenezer Baptist Church of Atlanta, Georgia, Inc., The Sixth Episcopal District, Inc., Baconton Missionary Baptist Church, Inc., Virginia-Highland Church, Inc..(Lawrence, Allegra) 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: 02/19/2019)	Clearinghouse
42	Feb. 19, 2019	Supplemental Certificate of Interested Persons by Baconton Missionary Baptist Church, Inc., Care in Action, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc.. (Lawrence, Allegra) (Entered: 02/19/2019)	Clearinghouse
	Feb. 26, 2019	Submission of 35 MOTION to Dismiss to District Judge Steve C. Jones. (rjs)
	Feb. 26, 2019	Submission to District Judge
43	Feb. 27, 2019	CERTIFICATE OF SERVICE Rule 5.4 by Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley.(Belinfante, Joshua) (Entered: 02/27/2019)	RECAP
44	Feb. 27, 2019	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Baconton Missionary Baptist Church, Inc, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc.. (Bryan, Leslie) (Entered: 02/27/2019)	Clearinghouse
45	Feb. 27, 2019	Initial Disclosures by Baconton Missionary Baptist Church, Inc, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc..(Bryan, Leslie) (Entered: 02/27/2019)	RECAP
46	March 4, 2019	Letter to Clerk of Court (construed as a) MOTION to Withdraw Lovita T. Tandy as Attorney by Baconton Missionary Baptist Church, Inc, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc. (rjs) (Entered: 03/05/2019)	RECAP
47	March 5, 2019	NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 16-01 as to Lovita T. Tandy re 46 MOTION to Withdraw Lovita T. Tandy as Attorney. (rjs) (Entered: 03/05/2019)	RECAP
48	March 5, 2019	MOTION to Dismiss with Brief In Support by Seth Harp, Brad Raffensperger, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief Defendants' Brief in Support of Their Renewed Motion to Dismiss Plaintiffs' Amended Complaint)(Belinfante, Joshua) (Entered: 03/05/2019) 1 Brief Defendants' Brief in Support of Their Renewed Motion to Dismiss Plain View on RECAP	Clearinghouse
49	March 14, 2019	CERTIFICATE OF SERVICE filed by Baconton Missionary Baptist Church, Inc, Care in Action, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc. OF DISCOVERY MATERIALS (Lawrence, Allegra) (Entered: 03/14/2019)	RECAP
50	March 15, 2019	ORDER granting 37 Application for Admission Pro Hac Vice for Petitioner Jeremy Hale Ershow. Signed by Judge Steve C. Jones on 3/15/2019. (rjs) (Entered: 03/15/2019)	RECAP
51	March 15, 2019	SCHEDULING ORDER: re: 44 Joint Preliminary Report and Discovery Plan. This matter is assigned to a four (4) month discovery track. Discovery and all related deadlines will proceed in accordance the Local Rules of this Court as well as the Federal Rules of Federal Procedure following the Court's ruling on the outstanding motion to dismiss. Plaintiffs may renew their request for a scheduling conference at that time if they wish to do so. Signed by Judge Steve C. Jones on 3/15/2019. (rjs) (Entered: 03/15/2019)	RECAP
	March 15, 2019	Clerks Certificate of Mailing
	March 15, 2019	Clerk's Certificate of Mailing to Jeremy Hale Ershow re 50 Order on Application for Admission PHV. (rjs)
52	March 19, 2019	RESPONSE re 48 MOTION to Dismiss filed by Baconton Missionary Baptist Church, Inc, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc.. (Lawrence, Allegra) (Entered: 03/19/2019)	Clearinghouse
	March 22, 2019	Submission of 46 MOTION to Withdraw Lovita T. Tandy as Attorney to District Judge Steve C. Jones. (rjs)
	March 22, 2019	Submission to District Judge
	March 25, 2019	DOCKET ORDER granting 46 Letter to Clerk of Court (construed as a) MOTION to Withdraw Lovita T. Tandy as Attorney by Baconton Missionary Baptist Church, Inc, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, IncMotion to Withdraw as Attorney. Attorney Lovita T. Tandy terminated. Entered by Judge Steve C. Jones on 3/25/2019. (pdw)
	March 25, 2019	Order on Motion to Withdraw as Attorney
53	April 2, 2019	REPLY BRIEF re 48 MOTION to Dismiss filed by Seth Harp, Brad Raffensperger, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) (Entered: 04/02/2019)	Clearinghouse
54	April 3, 2019	Notice for Leave of Absence for the following date(s): 6/3/19 - 6/13/19, by Bryan P. Tyson. (Tyson, Bryan) (Entered: 04/03/2019)	RECAP
	April 5, 2019	Submission of 48 MOTION to Dismiss to District Judge Steve C. Jones. (rjs)
	April 5, 2019	Submission to District Judge
55	April 8, 2019	ORDER: The State Defendants' 35 Motion to Dismiss Plaintiffs' Complaint is DEEMED MOOT. Signed by Judge Steve C. Jones on 4/8/2019. (rjs) (Entered: 04/08/2019)	Clearinghouse
56	April 8, 2019	ORDER: The Court will hold a hearing on Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint (Doc. No. 48 ) on April 29, 2019 at 2:00 p.m. (Courtroom 1907, Richard B. Russell Federal Building, Atlanta, Georgia). Each side will be allotted one hour for argument. Signed by Judge Steve C. Jones on 4/8/2019. (rjs) Modified on 4/22/2019 (rjs). (Entered: 04/08/2019)	RECAP
57	April 16, 2019	NOTICE of Appearance by Kimberly K. Anderson on behalf of Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley (Anderson, Kimberly) (Entered: 04/16/2019)	RECAP
58	April 19, 2019	MOTION To Postpone Hearing and Order Briefing 48 MOTION to Dismiss by Seth Harp, Brad Raffensperger, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Certified Copy of Act 24 HB 316, # 2 Exhibit HB 316 as Passed, # 3 Exhibit Letter to A. Lawrence-Hardy, # 4 Text of Proposed Order Proposed Order)(Belinfante, Joshua) (Entered: 04/19/2019)	RECAP
59	April 22, 2019	Supplement to 58 MOTION To Postpone Hearing and Order Briefing 48 Renewed Motion to Dismiss Plaintiffs' Amended Complaint by Seth Harp, Brad Raffensperger, Ralph F. (Rusty) Simpson, State Election Board, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Plaintiffs' Correspondence)(Belinfante, Joshua) Modified on 4/23/2019 (rjs). (Entered: 04/22/2019)	RECAP
	April 22, 2019	Order on Motion for Miscellaneous Relief
	April 22, 2019	DOCKET ORDER denying 58 59 Motions to Postpone Hearing and Order Briefing. The hearing on Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint 48 will proceed as scheduled on April 29, 2019 at 2:00 p.m. (Courtroom 1907, Richard B. Russell Federal Building, Atlanta, Georgia). Entered by Judge Steve C. Jones on 4/22/2019. (pdw)
60	April 23, 2019	Notice for Leave of Absence for the following date(s): September 30, through October 11, 2019, by Vincent Robert Russo, Jr. (Russo, Vincent) (Entered: 04/23/2019)	RECAP
61	April 25, 2019	Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom with Brief In Support by Baconton Missionary Baptist Church, Inc, Care in Action, Care in Action, Inc, Ebenezer Baptist Church of Atlanta, Georgia, Inc., Fair Fight Action, Fair Fight Action, Inc. (Bryan, Leslie) (Entered: 04/25/2019)	RECAP

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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: Nov. 27, 2018

Closing Date: Sept. 30, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Fair Fight Action, Inc., and Care in Action, Inc. - two non-religious non-profits PLUS Baconton Missionary Baptist Church, Inc.; Ebenezer Baptist Church of Atlanta, Georgia, Inc.; The Sixth Episcopal District, Inc.; and Virginia-Highland Church, Inc. - four religious non-profits

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Members of Georgia State Election Board

Robyn A. Crittenden, Brad Raffensperger, and Brian Kemp

State Election Board

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Fifteenth Amendment

Other Dockets:

Northern District of Georgia 1:18-cv-05391

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: None--plaintiffs were required to pay $231,303.71

Issues

Discrimination Basis:

Race discrimination

Voting:

Election administration

Voter ID

Voter qualifications

Voter registration rules

Voting: General & Misc.

Recommended Citation

Case Summary of Fair Fight Action v. Raffensperger, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44763/ (last updated 12/30/2024).