Case: Bethea v. Deal

2:16-cv-00140 | U.S. District Court for the Southern District of Georgia

Filed Date: Oct. 17, 2016

Closed Date: Nov. 1, 2016

Clearinghouse coding complete

Case Summary

This case is about the plaintiffs not being able to submit voter registrations before the Georgia registration deadline to vote in the 2016 Presidential Election because the Governor of Georgia had issued an order for residents to submit to mandatory or voluntary evacuation due to the looming Hurricane Matthew. On October 17, 2016, the original plaintiffs, who consisted of a resident of Brunswick, Glynn County, Georgia and a nonprofit who regularly conducted voter registration drives in Glynn C…

This case is about the plaintiffs not being able to submit voter registrations before the Georgia registration deadline to vote in the 2016 Presidential Election because the Governor of Georgia had issued an order for residents to submit to mandatory or voluntary evacuation due to the looming Hurricane Matthew.

On October 17, 2016, the original plaintiffs, who consisted of a resident of Brunswick, Glynn County, Georgia and a nonprofit who regularly conducted voter registration drives in Glynn County filed a lawsuit in the United States District Court for the Southern District of Georgia against the Governor of Georgia and the Georgia Secretary of State. The plaintiffs claimed that the State of Georgia failed to extend the October 11, 2016 voter registration deadline for participation in the November general election even though there were massive voter registrations complications caused by Hurricane Matthew and, as a result, the State of Georgia denied critical voter registration opportunities in violation of the 14th Amendment to the U.S. Constitution, Section 2 of the Voting Rights Act, and Section 8 of the National Voter Registration Act of 1993. The case was assigned to Judge William T. Moore, Jr.

On the same day that they filed the original complaint, the plaintiffs filed an emergency motion for temporary restraining order and order to show cause that sought a temporary restraining order requiring the defendants to accept delivery of voter registration applications and allow for online voter registration. In its emergency motion, the plaintiffs also sought to present thirty minutes of oral argument.

On October 18, 2016, the court issued an order granting the plaintiffs’ request for oral argument and stated it would conduct a hearing on the matter at hand on October 19, 2016. Subsequently on October 18, 2016, the plaintiffs filed an amended complaint for injunctive and declaratory relief that added another private plaintiff resident of Brunswick, Glynn County, Georgia and the Georgia NAACP.

On October 19, 2016, the court issued an order that denied plaintiffs’ emergency motion for temporary restraining order because injunctive relief was not warranted and the court did not agree that the voters were unduly burdened and did not have unattainable access to voter registration.

On October 24, 2016, counsel for plaintiffs filed a notice of voluntary dismissal without prejudice of the action against the defendants.

On November 1, 2016, the court issued an order granting the plaintiffs’ request to dismiss the action without prejudice and directed the Clerk of Court to close the case.

This case is now closed.

Summary Authors

Leilani Argersinger (4/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4505780/parties/bethea-v-deal/


Judge(s)

Moore, William Theodore (Georgia)

Attorney for Plaintiff

Burch, Kathleen M. (Georgia)

Attorney for Defendant

Anderson, Julia B. (Georgia)

Correia, Cristina Maria (Georgia)

Heidt, Josiah Benjamin (Georgia)

show all people

Documents in the Clearinghouse

Document
2

2:16-cv-00140

Plaintiffs' Emergency Motion for Temporary Restraining Order and Order to Show Cause

Oct. 17, 2016

Oct. 17, 2016

Pleading / Motion / Brief
1

2:16-cv-00140

Complaint for Injunctive and Declaratory Relief

Oct. 17, 2016

Oct. 17, 2016

Complaint
10

2:16-cv-00140

Amended Complaint for Injunctive and Declaratory Relief

Oct. 18, 2016

Oct. 18, 2016

Complaint
9

2:16-cv-00140

Order

Oct. 18, 2016

Oct. 18, 2016

Order/Opinion
16

2:16-cv-00140

Order

Oct. 19, 2016

Oct. 19, 2016

Order/Opinion

2016 U.S.Dist.LEXIS 144861

17

2:16-cv-00140

Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

Oct. 24, 2016

Oct. 24, 2016

Pleading / Motion / Brief
18

2:16-cv-00140

Order

Nov. 1, 2016

Nov. 1, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4505780/bethea-v-deal/

Last updated Aug. 8, 2025, 7:26 a.m.

ECF Number Description Date Link Date / Link

Filing Fee Received

Oct. 17, 2016

Oct. 17, 2016

PACER
1

COMPLAINT for Injunctive and Declaratory Relief against Nathan Deal, Brian P. Kemp, filed by J'Mari Bethea, WickFORCE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(ca) (Additional attachment(s) added on 10/18/2016: # 4 Text of Proposed Order) (ca). Modified on 10/18/2016 (ca). (Entered: 10/18/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Civil Cover Sheet

View on PACER

4 Text of Proposed Order

View on PACER

Oct. 17, 2016

Oct. 17, 2016

Clearinghouse
2

EMERGENCY MOTION for Temporary Restraining Order by J'Mari Bethea, WickFORCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(ca) (Entered: 10/18/2016)

1 Memorandum in Support

View on PACER

2 Exhibit A

View on PACER

3 Text of Proposed Order

View on PACER

Oct. 17, 2016

Oct. 17, 2016

Clearinghouse
3

Disclosure Statement pursuant to Local Rule 7.1.1 by J'Mari Bethea, WickFORCE. (ca) (Entered: 10/18/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
4

MOTION for Leave to Appear Pro Hac Vice for Attorney Kathleen M. Burch by J'Mari Bethea, WickFORCE. REFERRED to Judge R. Stan Baker.(ca) (Entered: 10/18/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER

Notice of Hearing on Motion

Oct. 18, 2016

Oct. 18, 2016

PACER

Pro Hac Vice Fee Paid

Oct. 18, 2016

Oct. 18, 2016

PACER
5

RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge R. Stan Baker on 10/18/2016. (ca) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
6

NOTICE of Appearance by Cristina Maria Correia on behalf of All Defendants (Correia, Cristina) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
7

NOTICE of Appearance by Josiah Benjamin Heidt on behalf of All Defendants (Heidt, Josiah) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
8

ORDER REASSIGNING CASE. Case reassigned to Judge William T. Moore, Jr for all further proceedings. Signed by Chief Judge Lisa G. Wood on 10/18/16. (wwp) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
9

ORDER Granting Plaintiff's request for Oral Argument re 2 MOTION for Temporary Restraining Order filed by WickFORCE, J'Mari Bethea. The Court will conduct a Hearing on this matter at 10:00 a.m. on Wednesday, October 19, 2016 in the Third Floor Courtroom of the Tomochichi Courthouse in Savannah, Georgia. Signed by Judge William T. Moore, Jr on 10/18/16. (jrb) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

Clearinghouse
10

AMENDED COMPLAINT against All Defendants, filed by J'Mari Bethea.(Yancey, James) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

Clearinghouse
11

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Nathan Deal, Brian P. Kemp. (Attachments: # 1 Exhibit map, # 2 Exhibit Declaration of CH, # 3 Exhibit email, # 4 Exhibit Declaration of SG, # 5 Exhibit Declaration of TE)(Correia, Cristina) (Entered: 10/18/2016)

1 Exhibit map

View on PACER

2 Exhibit Declaration of CH

View on PACER

3 Exhibit email

View on PACER

4 Exhibit Declaration of SG

View on PACER

5 Exhibit Declaration of TE

View on PACER

Oct. 18, 2016

Oct. 18, 2016

RECAP

Motions No Longer Referred

Oct. 19, 2016

Oct. 19, 2016

PACER
12

NOTICE of Filing by Nathan Deal, Brian P. Kemp re 11 Response in Opposition to 2 Motion for Temporary Restraining Order, Declarations of Elenore Doll Gale and Robin J. Mainor (Correia, Cristina) Modified on 10/19/2016 (ca). (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
13

Minute Entry for proceedings held before Judge William T. Moore, Jr.: Motion Hearing held on 10/19/2016 re 2 MOTION for Temporary Restraining Order filed by WickFORCE, J'Mari Bethea. (Court Reporter Kelly Dorsey.) (jgb) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
14

NOTICE of Appearance by Julia B. Anderson on behalf of All Defendants (Anderson, Julia) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
15

ORDER granting 4 Motion for Leave to Appear pro hac vice for Kathleen Burch. Signed by Judge William T. Moore, Jr on 10/19/16. (wwp) Modified on 10/20/2016 (wwp). (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

Clearinghouse
16

ORDER denying 2 Motion for TRO. Signed by Judge William T. Moore, Jr on 10/19/16. (jrb) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

Clearinghouse
17

Notice of Voluntary Dismissal

Oct. 24, 2016

Oct. 24, 2016

Clearinghouse
18

ORDER DISMISSING CASE without prejudice. Signed by Judge William T. Moore, Jr on 10/31/16. (wwp)

Nov. 1, 2016

Nov. 1, 2016

RECAP

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. 17, 2016

Closing Date: Nov. 1, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs J'Mari Bethea and Joshua Lattimore are both residents of Brunswick, Glynn County, Georgia and both were unable to register to vote timely because of Governor Deal's mandatory evacuation order. Plaintiff Georgia State Conference of the NAACP is a nonprofit whose mission is to eliminate racial discrimination through democratic processes and ensure the equal political, educational, social, and economic rights of all persons, in particular African Americans. Plaintiff WickFORCE regularly conducts voter registration drives in Glynn County and was planning to hold a voter registration drive on October 8, 2016.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nathan Deal, State

Brian P. Kemp, State

Brian P. Kemp, State

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voter registration rules

Voting: General & Misc.