Case: Martin v. Kemp

1:18-cv-04776 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 15, 2018

Closed Date: July 24, 2019

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Case Summary

This case involved allegations that Georgia state elections officials had arbitrary voting guidelines that disenfranchised honest voters due to minor administrative mistakes during the mail in ballot process. Four Georgia residents and voters filed suit in the U.S. District Court of the Northern District of Georgia on October 15, 2018. Defendants include the Secretary of State of Georgia, members of the State Election Board, members of the Gwinnett County Board of Registration and Elections. Pl…

This case involved allegations that Georgia state elections officials had arbitrary voting guidelines that disenfranchised honest voters due to minor administrative mistakes during the mail in ballot process.

Four Georgia residents and voters filed suit in the U.S. District Court of the Northern District of Georgia on October 15, 2018. Defendants include the Secretary of State of Georgia, members of the State Election Board, members of the Gwinnett County Board of Registration and Elections. Plaintiffs cited the fundamental right to vote and the Equal Protection Act 42 U.S.C. § 1983. Plaintiffs alleged that mail-in ballots were rejected at an overwhelming rate compared to in-person ballots on minor clerical errors to amount to disenfranchisement of a significant proportion of the voters who sought to vote by mail. Plaintiffs sought injunctive relief for election official to quickly determine the eligibility of mail-in ballots within 3 days of receipt, in order to give voters adequate time to cure any defects, for ballots to not be rejected due to signature discrepancy unless reviewed by the Signature Review Committee, to allow an elector receiving an official absentee ballot to vote his or her absentee ballot until 7 p.m. on the day of the primary or the election by personally delivering same to the board of registrars or to the absentee ballot clerk.

Plaintiffs filed an amended motion for Preliminary Injunction on October 23, 2018. On October 24, 2018, the order addressing the signature mismatch granted an injunction for the plaintiffs that all county elections officials responsible for processing absentee ballots should not reject any absentee ballots due to an alleged signature mismatch. Instead, for all ballots where a signature mismatch is perceived, the county elections official shall mark this ballot as provisional.

The Joint Stipulation for Dismissal was filed on April 16, 2019. As a result, various legislative acts were passed to provide that where election officials determine the signatures do not match on an absentee ballot application, a provisional ballot is to be issued and if the elector casts that provisional ballot, the elector is provided an opportunity to cure the signature discrepancy through the period for verifying provisional ballots in O.C.G.A. § 21-2-419, to eliminate the requirement that an absentee voter provide his or her county, date or year of birth, and address on the oath of elector, which is located on the absentee ballot envelope, to provide that electors whose absentee ballots are returned without a signature, or with a signature that fails to match a signature on record, have until the end of the provisional ballot period to cure the signature.

On July 24, 2019, the attorney fee judgment was granted for the plaintiffs.

Summary Authors

(4/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8034954/parties/martin-v-kemp/


Judge(s)
Attorney for Plaintiff

Brown, Bruce P. (Georgia)

Attorney for Defendant

Carothers, Richard A. (Georgia)

Correia, Cristina (Georgia)

Dempsey, Brian R. (Georgia)

Expert/Monitor/Master/Other

Cope, Veronica Higgs (Georgia)

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Documents in the Clearinghouse

Document
1

1:18-cv-04776

Complaint

Oct. 15, 2018

Oct. 15, 2018

Complaint
2

1:18-cv-04776

Order

Oct. 16, 2018

Oct. 16, 2018

Order/Opinion
23

1:18-cv-04776

Order

Oct. 24, 2018

Oct. 24, 2018

Order/Opinion

341 F.Supp.3d 1326

24

1:18-cv-04776

Defendants Gwinnett County Board of Registrations and Elections and Its Members' Objections to Form of Proposed Injunction

Oct. 25, 2018

Oct. 25, 2018

Pleading / Motion / Brief
26

1:18-cv-04776

Temporary Restraining Order

Oct. 25, 2018

Oct. 25, 2018

Order/Opinion
28

1:18-cv-04776

Transcript of Proceedings Before the Honorable Leigh Martin May United States District Judge

Oct. 26, 2018

Oct. 26, 2018

Transcript
37

1:18-cv-04776

Defendants Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield, and Beauty Baldwin's Response in Opposition to Plaintiffs' Amended Motion for Preliminary Injunction

Oct. 29, 2018

Oct. 29, 2018

Pleading / Motion / Brief
53

1:18-cv-04776

Plaintiffs' Motion for Leave to File Second Amended Complaint

Nov. 12, 2018

Nov. 12, 2018

Pleading / Motion / Brief
54

1:18-cv-04776

Reply Brief in Support of Plaintiffs' Emergency Motion for TRO

Nov. 12, 2018

Nov. 12, 2018

Pleading / Motion / Brief
55

1:18-cv-04776

Order

Nov. 13, 2018

Nov. 13, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8034954/martin-v-kemp/

Last updated Jan. 30, 2025, 3:54 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Dana Bowers, Smythe Duval, Jeanne Dufort, Rhonda J. Martin, Jasmine Clark. (Filing fee $400, receipt number 113E-8207977) (Attachments: # 1 Civil Cover Sheet)(btql) 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: 10/16/2018)

1 Civil Cover Sheet

View on PACER

Oct. 15, 2018

Oct. 15, 2018

Clearinghouse
2

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 10/16/2018. (rvb) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

Clearinghouse
3

NOTICE of Appearance by Cristina Correia on behalf of Seth Harp, Brian Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, David J. Worley (Correia, Cristina) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER

Notice of Hearing on Motion

Oct. 19, 2018

Oct. 19, 2018

PACER
4

MOTION for Preliminary Injunction with Brief In Support by Rhonda J. Martin. (Attachments: # 1 Brief Brief in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction)(Brown, Bruce) (Entered: 10/19/2018)

1 Brief Brief in Support of Plaintiffs' Motion for Preliminary Injunction

View on PACER

2 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Preli

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Oct. 19, 2018

Oct. 19, 2018

PACER
5

NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER

NOTICE of Hearing on Motion re: 4 MOTION for Preliminary Injunction A Motion Hearing is set for 10/23/2018 at 01:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. (rvb)

Oct. 19, 2018

Oct. 19, 2018

PACER
6

NOTICE of Appearance by Russell D. Willard on behalf of Seth Harp, Brian Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, David J. Worley (Willard, Russell) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
7

NOTICE Of Filing Declarations in Support re 4 MOTION for Preliminary Injunction by Rhonda J. Martin (Brown, Bruce) Text modified on 10/22/2018 (btql). (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
8

APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number 113E-8220294)by Rhonda J. Martin. (Brown, Bruce) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
9

NOTICE of Appearance by Frank B. Strickland on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Strickland, Frank) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
10

First AMENDED COMPLAINT against All Defendants filed by Rhonda J. Martin, Dana Bowers, Smythe Duval, Jeanne Dufort, Jasmine Clark, The Georgia Coalition for the People's Agenda, Inc. (Brown, Bruce) 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 10/23/2018 to edit filers (btql). (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
11

NOTICE of Appearance by Anne Ware Lewis on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Lewis, Anne) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
12

NOTICE of Appearance by Bryan Ludington Sells on behalf of Campaign Legal Center (Sells, Bryan) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
13

MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiffs' 4 MOTION for a Preliminary Injunction by Campaign Legal Center. (Attachments: # 1 Brief of proposed amicus curiae)(Sells, Bryan) Text modified on 10/23/2018 (btql). (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
14

APPLICATION for Admission of Danielle M. Lang Pro Hac Vice (Application fee $ 150, receipt number 113E-8221943)by Campaign Legal Center. (Sells, Bryan) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
15

APPLICATION for Admission of Mark P. Gaber Pro Hac Vice (Application fee $ 150, receipt number 113E-8221963)by Campaign Legal Center. (Sells, Bryan) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
16

NOTICE Of Filing Declarations in Support re 4 MOTION for Preliminary Injunction by Rhonda J. Martin (Brown, Bruce) Text modified on 10/23/2018 (btql). (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
17

MOTION To Bring Electronic Equipment Into the Courthouse by Rhonda J. Martin. (Attachments: # 1 Text of Proposed Order)(Brown, Bruce) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
18

MOTION for Leave to File Hearing Brief with attached Hearing Brief by Rhonda J. Martin. (Brown, Bruce) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER

Order on Motion for Leave to File

Oct. 23, 2018

Oct. 23, 2018

PACER
19

Amended MOTION for Preliminary Injunction by Rhonda J. Martin, Dana Bowers, Smythe Duval, Jeanne Dufort, Jasmine Clark, The Georgia Coalition for the People's Agenda, Inc. (Attachments: # 1 Text of Proposed Order)(Brown, Bruce) Modified on 10/23/2018 to edit filers (btql). (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
20

ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM for a hearing set for 10/23/2018. Counsel shall bring a copy of this order with them to the courthouse. Signed by Judge Leigh Martin May on 10/23/2018. (rvb) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER

MINUTE ORDER granting Campaign Legal Center 13 Motion for Leave to File Brief as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction. Approved by Judge Leigh Martin May on 10/23/2018. (rvb)

Oct. 23, 2018

Oct. 23, 2018

PACER
21

ORDER DIRECTING Defendants to file a Response Brief to Plaintiffs' Amended Motion for Preliminary Injunction 19 by Monday, October 29, 2018 by 12:00 p.m. If Plaintiffs are inclined to file a Reply Brief, their reply shall be due by close of business on Wednesday, October 31, 2018. After the motion is fully briefed, the Court will determine if a hearing is necessary and issue an order on an expedited basis. Plaintiffs' Motion for Preliminary Injunction 4 is DENIED AS MOOT. Signed by Judge Leigh Martin May on 10/23/2018. (rvb) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
22

Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 10/23/2018. Oral argument was held on Plaintiffs' Amended Motion for Preliminary Injunction 19 . The Court heard from Plaintiffs' and Defendants' counsel. The motion was taken under advisement. (Court Reporter Montrell Vann)(btql) (Entered: 10/24/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER

MINUTE ORDER granting nunc pro tunc Plaintiffs' 18 Motion for Leave to File to Hearing Brief. Approved by Judge Leigh Martin May on 10/24/2018. (rvb)

Oct. 24, 2018

Oct. 24, 2018

PACER

Order on Motion for Leave to File

Oct. 24, 2018

Oct. 24, 2018

PACER
23

ORDER addressing the signature mismatch argument from the 19 Amended MOTION for Preliminary Injunction. The Court proposes entering the proposed injunction as detailed within this order. As the parties have not had an opportunity to be heard on the exact terms of the Court's proposal, the parties have until noon on Thursday, October 25, 2018, to provide the Court with any objections to the form. See Order for further detail. All other Elector claims will be addressed by the Court at a later time, after Defendants have had an opportunity to be heard ( See dkt. 21 ). Signed by Judge Leigh Martin May on 10/24/2018. (rvb) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

Clearinghouse
24

RESPONSE re 23 Order,, Objections to Form of Proposed Injunction filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Supplemental Declaration of Lynn Ledford)(Tyson, Bryan) (Entered: 10/25/2018)

1

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Oct. 25, 2018

Oct. 25, 2018

Clearinghouse
25

RESPONSE re 23 Order,, Objections Related to Form of Relief filed by Brian Kemp. (Attachments: # 1 Exhibit Supplemental Declaration of Chris Harvey)(Correia, Cristina) (Entered: 10/25/2018)

1

View on RECAP

Oct. 25, 2018

Oct. 25, 2018

PACER
26

TEMPORARY RESTRAINING ORDER. Signed by Judge Leigh Martin May on 10/25/2018. (btql) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

Clearinghouse
27

Emergency MOTION to Stay Preliminary Injunctive Relief with Brief In Support by Brian Kemp. (Correia, Cristina) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER

MINUTE ORDER directing Plaintiffs to file a response by noon on Monday, October 29, 2018 to the 27 Emergency MOTION to Stay Preliminary Injunctive Relief. Approved by Judge Leigh Martin May on 10/26/2018. (rvb)

Oct. 26, 2018

Oct. 26, 2018

PACER

Order

Oct. 26, 2018

Oct. 26, 2018

PACER
28

TRANSCRIPT of Proceedings held on 10/23/2018, before Judge Leigh Martin May. Court Reporter Montrell Vann, Telephone number 404-215-1549. Transcript may be purchased through the Court Reporter. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019. (Attachments: # 1 Appendix Notice of Filing of Transcript) (mv) (Entered: 10/26/2018)

1 Appendix Notice of Filing of Transcript

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Oct. 26, 2018

Oct. 26, 2018

Clearinghouse
29

NOTICE OF APPEAL as to 26 Temporary Restraining Order, 23 Order by Brian Kemp. Transcript Order Form due on 11/9/2018 (Attachments: # 1 Exhibit Order (Doc. 23), # 2 Exhibit Order (Doc. 26))(Correia, Cristina) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
30

NOTICE of Appearance by Richard A. Carothers on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Carothers, Richard) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Oct. 26, 2018

Oct. 26, 2018

PACER
31

NOTICE of Appearance by Brian R. Dempsey on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Dempsey, Brian) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER

Payment of Appeal Fees

Oct. 26, 2018

Oct. 26, 2018

PACER

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of John Powers Pro Hac Vice (Application fee $ 150, receipt number 113E-8220294). Attorney Bruce P. Brown added appearing on behalf of Rhonda J. Martin (jkm)

Oct. 26, 2018

Oct. 26, 2018

PACER

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Danielle M. Lang Pro Hac Vice (Application fee $ 150, receipt number 113E-8221943). Attorney Bryan Ludington Sells added appearing on behalf of Campaign Legal Center (jkm)

Oct. 26, 2018

Oct. 26, 2018

PACER

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Mark P. Gaber Pro Hac Vice (Application fee $ 150, receipt number 113E-8221963). Attorney Bryan Ludington Sells added appearing on behalf of Campaign Legal Center (jkm)

Oct. 26, 2018

Oct. 26, 2018

PACER

Payment of Appeal Fees re 29 Notice of Appeal by Brian Kemp. Filing fee $ 505, receipt number 113E-8234701. (Correia, Cristina)

Oct. 26, 2018

Oct. 26, 2018

PACER
32

NOTICE Of Filing NOA Transmittal Letter re: 29 Notice of Appeal. (pjm) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Appeal Record Certified

Oct. 29, 2018

Oct. 29, 2018

PACER
33

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: 29 Notice of Appeal. (pjm) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Order on Application for Admission PHV

Oct. 29, 2018

Oct. 29, 2018

PACER
34

USCA Acknowledgment of 29 Notice of Appeal filed by Brian Kemp. Case Appealed to USCA- 11th Circuit. Case Number 18-14503-GG. (pjm) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 29 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 18-14503-GG. The entire record on appeal is available electronically. (pjm)

Oct. 29, 2018

Oct. 29, 2018

PACER
35

RESPONSE in Opposition re 27 Emergency MOTION to Stay Preliminary Injunctive Relief filed by Rhonda J. Martin. (Brown, Bruce) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
36

RESPONSE in Opposition re 19 Amended MOTION for Preliminary Injunction filed by Seth Harp, Brian Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, David J. Worley. (Correia, Cristina) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

ORAL ORDER granting 8 Application for Admission Pro Hac Vice as to John Powers ; granting 14 Application for Admission Pro Hac Vice as to Danielle M. Lang; granting 15 Application for Admission Pro Hac Vice as to Mark P. Gaber. Approved by Judge Leigh Martin May on 10/29/2018. (rvb)

Oct. 29, 2018

Oct. 29, 2018

PACER
37

RESPONSE in Opposition re 19 Amended MOTION for Preliminary Injunction filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Gwinnett Response in GMVP Litigation, # 2 Exhibit B - Declaration of Lynn Ledford from GMVP Response)(Tyson, Bryan) (Entered: 10/29/2018)

1 Exhibit A - Gwinnett Response in GMVP Litigation

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2 Exhibit B - Declaration of Lynn Ledford from GMVP Response

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Oct. 29, 2018

Oct. 29, 2018

Clearinghouse
38

ORDER DENYING 27 Motion to Stay Pending Appeal of Preliminary Injunction. Signed by Judge Leigh Martin May on 10/30/2018. (btql) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
39

REPLY BRIEF re 19 Amended MOTION for Preliminary Injunction filed by Dana Bowers, Jasmine Clark, Jeanne Dufort, Smythe Duval, Rhonda J. Martin, The Georgia Coalition for the People's Agenda, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Jennifer Nwachukwu, # 2 Exhibit 2 - Declaration of Pooja Choudhuri, # 3 Exhibit 3 - Declaration of Jacob Conarck, # 4 Exhibit 4 - Declaration of Ryan Snow, # 5 Exhibit 5 - First Supplemental Declaration of Dr. Michael P. McDonald, # 6 Exhibit 6 - Declaration of Isabel Hidalgo, # 7 Exhibit 7 - Declaration of James A. Edwards, # 8 Exhibit 8 - Declaration of Broughton Brooks, # 9 Exhibit 9 - Declaration of Oanh Tran, # 10 Exhibit 10 - Declaration of Guido Aguilar, # 11 Exhibit 11 - Declaration of Matilda S. Rouse, # 12 Exhibit 12 - Declaration of Thomas P. Grant, # 13 Exhibit 13 - Declaration of Nicolas Bailey, # 14 Exhibit 14 - Declaration of Norma Bristow, # 15 Exhibit 15 - Declaration of Alec Brindell, # 16 Exhibit 16 - Declaration of Lana Goitia, # 17 Exhibit 17 - Supplemental declaration of Amber McReynolds, # 18 Exhibit 18 - Declaration of Godwin I. Ogboma Akhirome, # 19 Exhibit 19 - Supplemental declaration of Marilyn Marks)(Powers, John) (Additional attachment(s) added on 10/31/2018: # 20 Exhibit 4- Declaration of Ryan Snow) (rvb). Modified on 10/31/2018 to add exhibit 4 (rvb). (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
40

NOTICE by Dana Bowers, Campaign Legal Center, Jasmine Clark, Jeanne Dufort, Smythe Duval, Rhonda J. Martin, The Georgia Coalition for the People's Agenda, Inc. re 19 Amended MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Exhibit 1 - Sixth Circuit opinion in Husted)(Powers, John) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
41

ORDER DENYING 19 AMENDED Motion for Preliminary Injunction. This Order does not affect the injunction already in place regarding signature mismatches. Signed by Judge Leigh Martin May on 11/2/2018. (btql) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
42

Emergency MOTION for Temporary Restraining Order with Brief In Support by Rhonda J. Martin. (Attachments: # 1 Brief in Support of Emergency Motion for Temporary Restraining Order, # 2 Text of Proposed Order Granting TRO)(Brown, Bruce) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
43

NOTICE Of Filing by Rhonda J. Martin re 42 Emergency MOTION for Temporary Restraining Order Exhibits in Support of Motion (Brown, Bruce) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
44

Amended MOTION for Temporary Restraining Order by Rhonda J. Martin. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Amended Motion for TRO)(Brown, Bruce) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
45

MOTION to Intervene as Plaintiffs with Brief In Support by Carolyn Bourdeaux for Congress, Fazal Khan. (Attachments: # 1 Brief in Support of Motion to Intervene, # 2 Exhibit 1 to Brief in Support of Motion to Intervene, # 3 Exhibit 2 to Brief in Support of Motion to Intervene, # 4 Text of Proposed Order, # 5 Exhibit Emergency Motion for Temporary Restraining Order and Order to Show Cause and for a Preliminary Injunction, # 6 Exhibit Brief in Support of Emergency Motion for Temporary Restraining Order and Order to Show Cause and for a Preliminary Injunction)(Cope, Veronica) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
46

APPLICATION for Admission of Bruce V. Spiva Pro Hac Vice (Application fee $ 150, receipt number 113E-8266091)by Carolyn Bourdeaux for Congress, Fazal Khan. (Cope, Veronica) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
47

APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number 113E-8266157)by Carolyn Bourdeaux for Congress, Fazal Khan. (Cope, Veronica) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
48

APPLICATION for Admission of Aria C. Branch Pro Hac Vice (Application fee $ 150, receipt number 113E-8266161)by Carolyn Bourdeaux for Congress, Fazal Khan. (Cope, Veronica) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
49

APPLICATION for Admission of K'Shaani Smith Pro Hac Vice (Application fee $ 150, receipt number 113E-8266163)by Carolyn Bourdeaux for Congress, Fazal Khan. (Cope, Veronica) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
50

APPLICATION for Admission of Brian Simmonds Marshall Pro Hac Vice (Application fee $ 150, receipt number 113E-8266165)by Carolyn Bourdeaux for Congress, Fazal Khan. (Cope, Veronica) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
51

RESPONSE re 45 MOTION to Intervene as Plaintiffs, 44 Amended MOTION for Temporary Restraining Order, 42 Emergency MOTION for Temporary Restraining Order filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Lynn Ledford)(Tyson, Bryan) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
52

RESPONSE in Opposition re 45 MOTION to Intervene as Plaintiffs filed by Brian Kemp. (Attachments: # 1 Exhibit Declaration of Chris Harvey)(Correia, Cristina) Text modified on 11/13/2018 (btql). (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
53

First MOTION to Amend Complaint by Rhonda J. Martin. (Brown, Bruce) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

Clearinghouse
54

REPLY BRIEF re 44 Amended MOTION for Temporary Restraining Order filed by Rhonda J. Martin. (Brown, Bruce) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

Clearinghouse
55

ORDER GRANTING Carolyn Bourdeaux for Congress and Fazal Khan's Motion to Intervene 45 . Intervenors' Emergency Motion for Temporary Restraining Order [45-5] is GRANTED as to the birth year issues and DENIED as to the remaining requests for relief. The Clerk is DIRECTED to docket the Complaint in Intervention [45-2]. Plaintiffs Rhonda J. Martin, Dana Bowers, Jasmine Clark, Smythe Duval, Jeanne Dufort, and the Georgia Coalition for the People's Agenda, Inc.'s Motion and Amended Motion for Emergency Temporary Restraining Order [42, 44] is GRANTED as to the birth year issue and DENIED as to the remaining requests for relief. Defendants Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield and Beauty Baldwin (the Gwinnett County BORE Members) are hereby ENJOINED from rejecting absentee ballots containing an error or omission relating to the absentee voter's year of birth and are ORDERED to count such ballots in the November 6, 2018 election. Defendants are ORDERED to delay certification until such ballots have been counted. Nothing in this Order affects or otherwise extinguishes this Court's prior injunction related to signature matching. Signed by Judge Leigh Martin May on 11/13/2018. (rvb) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

Clearinghouse
56

Intervenor COMPLAINT against Beauty Baldwin, Stephen Day, Seth Harp, Brian Kemp, John Mangano, Alice O'Lenick, Ben Satterfield, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, David J. Worley, filed by Fazal Khan, Carolyn Bourdeaux for Congress. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Attachment 1)(rvb) 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: 11/13/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Attachment 1

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Nov. 13, 2018

Nov. 13, 2018

Clearinghouse
57

Emergency MOTION for Reconsideration re 55 Order on Motion for TRO, Order on Motion to Intervene with Brief In Support by Carolyn Bourdeaux for Congress, Fazal Khan. (Attachments: # 1 Brief In Support of Emergency Motion for Reconsideration, # 2 Affidavit of Brian Marshall, # 3 Exhibit 1 to Affidavit of Brian Marshall, # 4 Exhibit 2 to Affidavit of Brian Marshall, # 5 Exhibit 3 to Affidavit of Brian Marshall, # 6 Exhibit 4 to Affidavit of Brian Marshall, # 7 Exhibit 5 to Affidavit of Brian Marshall)(Cope, Veronica) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
58

RESPONSE in Opposition re 57 Emergency MOTION for Reconsideration re 55 Order on Motion for TRO, Order on Motion to Intervene filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
59

ORDER DENYING 57 Plaintiff-Intervenors' Motion for Reconsideration of 55 Order. Signed by Judge Leigh Martin May on 11/15/2018. (jtj) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

Clearinghouse
60

WAIVER OF SERVICE Returned Executed by Rhonda J. Martin. Brian Kemp waiver mailed on 10/18/2018, answer due 12/17/2018. (Brown, Bruce) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER

RETURN of 46 APPLICATION for Admission of Bruce V. Spiva Pro Hac Vice (Application fee $ 150, receipt number 113E-8266091)to attorney for correction re: local counsel's address. (cdg)

Nov. 27, 2018

Nov. 27, 2018

PACER

RETURN of 47 APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number 113E-8266157) to attorney for correction re: local counsel's address. (cdg)

Nov. 27, 2018

Nov. 27, 2018

PACER

RETURN of 48 APPLICATION for Admission of Aria C. Branch Pro Hac Vice (Application fee $ 150, receipt number 113E-8266161) to attorney for correction re: local counsel's address. (cdg)

Nov. 27, 2018

Nov. 27, 2018

PACER

RETURN of 49 APPLICATION for Admission of K'Shaani Smith Pro Hac Vice (Application fee $ 150, receipt number 113E-8266163) to attorney for correction re: local counsel's address. (cdg)

Nov. 27, 2018

Nov. 27, 2018

PACER

Return of Application for Admission Pro Hac Vice

Nov. 27, 2018

Nov. 27, 2018

PACER

RETURN of 50 APPLICATION for Admission of Brian Simmonds Marshall Pro Hac Vice (Application fee $ 150, receipt number 113E-8266165) to attorney for correction re: local counsel's address. (cdg)

Nov. 27, 2018

Nov. 27, 2018

PACER

Submission to District Judge

Nov. 30, 2018

Nov. 30, 2018

PACER

Submission of 53 First MOTION to Amend Complaint to District Judge Leigh Martin May. (btql)

Nov. 30, 2018

Nov. 30, 2018

PACER
61

NOTICE of Voluntary Dismissal filed by Carolyn Bourdeaux for Congress, Fazal Khan (Cope, Veronica) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
62

ORDER GRANTING 53 Motion to Amend Complaint. Signed by Judge Leigh Martin May on 12/3/2018. (btql) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
63

SECOND AMENDED COMPLAINT filed by Smythe Duval, Rhonda J. Martin, The Georgia Coalition for the People's Agenda, Inc., Dana Bowers, Jeanne Dufort, Jasmine Clark, Corliss Armstead, James Arthur Moore, Dinesh Chandra.(btql) 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 12/3/2018 (btql). (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

Clerks Entry of Dismissal

Dec. 4, 2018

Dec. 4, 2018

PACER

Clerk's Entry of Dismissal APPROVING 61 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (btql)

Dec. 4, 2018

Dec. 4, 2018

PACER
64

USCA Clerk's Entry of Dismissal of Voluntary Dismissal: Pursuant to Appellant's motion for voluntary dismissal, FRAP Rule 42 and 11th Cir. R. 42-1(a), 29 Notice of Appeal was duly entered dismissed on this date. Case Appealed to USCA- 11th Circuit. Case Number 18-14503-GG. (pjm) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
65

ANSWER to 63 SECOND AMENDED COMPLAINT by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. Discovery ends on 5/13/2019.(Tyson, Bryan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Text modified on 12/14/2018 (btql). (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
66

NOTICE OF APPEAL as to 55 Order on Motion for TRO, Order on Motion to Intervene by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. Filing fee $ 505, receipt number 113E-8327238. Transcript Order Form due on 12/27/2018 (Tyson, Bryan) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
67

NOTICE Of Filing NOA Transmittal Letter re: 66 Notice of Appeal. (pjm) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
68

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 66 Notice of Appeal. (pjm) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
69

WAIVER OF SERVICE Returned Executed by Rhonda J. Martin. Beauty Baldwin waiver mailed on 10/18/2018, answer due 12/17/2018; Stephen Day waiver mailed on 10/18/2018, answer due 12/17/2018; John Mangano waiver mailed on 10/18/2018, answer due 12/17/2018; Alice O'Lenick waiver mailed on 10/18/2018, answer due 12/17/2018; Ben Satterfield waiver mailed on 10/18/2018, answer due 12/17/2018. (Brown, Bruce) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
70

USCA Acknowledgment of 66 Notice of Appeal, filed by Beauty Baldwin, Stephen Day, Ben Satterfield, John Mangano and Alice O'Lenick. Case Appealed to USCA- 11th Circuit. Case Number 18-15148-CC. (pjm) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER

Appeal Record Certified

Dec. 14, 2018

Dec. 14, 2018

PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 66 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 18-15148-CC. The entire record on appeal is available electronically. (pjm)

Dec. 14, 2018

Dec. 14, 2018

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 15, 2018

Closing Date: July 24, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four registered voters and residents of various Georgia counties. All four plaintiffs intend to vote in future Georgia elections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State Election Board of Georgia, State

Secretary of State, State

Gwinnett County Board of Registration and Elections (Lawrenceville, Gwinnett), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1981

Constitutional Clause(s):

Due Process

Equal Protection

Fifteenth Amendment

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Amount Defendant Pays: $51,013.28

Order Duration: 2018 - None

Issues

Voting:

Voting: General & Misc.