Case: Georgia Coalition for the Peoples' Agenda v. Deal

4:16-cv-00269 | U.S. District Court for the Southern District of Georgia

Filed Date: Oct. 12, 2016

Closed Date: Oct. 18, 2016

Clearinghouse coding complete

Case Summary

This case involved requiring the State of Georgia to extend the voter registration deadline in Chatham County ahead of the November 8, 2016 general election due to the state of emergency caused by Hurricane Matthew.   On October 12, 2016, the Georgia Coalition for the Peoples’ Agenda, Inc., the George State Conference of the NAACP and Third Sector Development Inc. filed this lawsuit in the United States District Court for the Southern District of Georgia.  The plaintiffs sued the Governor of Ge…

This case involved requiring the State of Georgia to extend the voter registration deadline in Chatham County ahead of the November 8, 2016 general election due to the state of emergency caused by Hurricane Matthew.  

On October 12, 2016, the Georgia Coalition for the Peoples’ Agenda, Inc., the George State Conference of the NAACP and Third Sector Development Inc. filed this lawsuit in the United States District Court for the Southern District of Georgia.  The plaintiffs sued the Governor of Georgia and the Secretary of State of Georgia under Section 8 of the National Voter Registration Act of 1993, 52 U.S.C. § 20507 and the 1st and 14th Amendments of the United States Constitution.  The plaintiffs were represented by private counsel at Bryan Cave LLP and public interest lawyers at the Lawyers’ Committee for Civil Rights Under Law.  The judge was District Judge William T. Moore, Jr.

The voter registration deadline for Georgia for the general election on November 8, 2016 was October 11, 2016.  Hurricane Matthew hit Chatham County on Friday October 7, 2016 and caused massive damage, substantial flooding, and loss of power to more than a hundred thousand county residents.  The Governor of the State of George declared a state of emergency and issued a mandatory evacuation order.  The Chatham County Board of Elections office was closed from October 6 to October 12, 2016.  Moreover, post office closures and the suspension of mail service during this period potentially prevented individuals from submitting their registration applications. Finally, many individuals were potentially unable to register, either in person or electronically, due to evacuation or recovery efforts.  Many prospective voters thus lost the ability to register to vote during the last six days of the voter registration period.  

The Lawyer’s Committee for Civil Rights under Law sent a letter to Georgia Attorney General and General Counsel for the Georgia Secretary of State on October 11, 2016 requesting that the voter registration deadline be extended to allow county residents an opportunity to participate in the electoral process.  The request was declined, citing that extending the deadline would not be appropriate because opportunities to register remained available and also that the county needed to prepare for early voting beginning on Monday October 17.

The plaintiffs sought a declaratory judgment that the defendant’s refusal to extend the voter registration deadline (a) violates the fundamental right to vote under the First and Fourteenth Amendments; and (b) violates Section 8 of the National Voter Registration Act of 1993, 52 U.S.C. § 20507 (which requires states to process any voter registration form received or postmarked at least 30 days prior to an election).  The plaintiffs also filed a motion for a preliminary injunction requiring the defendants to extend the voter registration deadline in Chatham County to October 18, 2016.

The Court heard oral arguments from the parties on October 14, 2016.  The defendants contended that extending the deadline to October 18, 2016 would present significant administrative burdens on the Chatham County Board of Elections because early voting will have already begun on October 17 and if voter registrations were extended until October 18 then the Board will have insufficient time to prepare and begin early voting.  Defendants also argued that the impacts of Hurricane Matthew did not preclude individuals from registering electronically.

The court concluded that the plaintiffs had established a sufficient likelihood of success on the merits to warrant injunctive relief.  The court reasoned that an individual’s ability to participate in elections was arguably the most cherished right in the United States Constitution and that the administrative hurdles cited by the defendant were not enough to warrant denying an extension of the registration deadline.  In an Order dated October 14, 2016, the court granted the plaintiff’s motion for preliminary injunction and defendants were directed to extend the voter registration deadline for Chatham County from October 11, 2016 to October 18, 2016.  

Defendants directed the Chatham County Board of Registrars to comply with the Order the day it was issued. Between October 12 and 18, 2016, the Chatham County Board of Registrars received 1,418 voter registration applications. Of the 1,418 voter registration applicants, 1,293 (91.2%) were placed into “active” status and were eligible to vote in Chatham County in the election held on November 8, 2016.

As of March 15, 2017, the case was dismissed with prejudice, after the parties had jointly stipulated that the case be dismissed with prejudice.

Summary Authors

(9/12/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4505778/parties/georgia-coalition-for-the-peoples-agenda-inc-v-deal/


Judge(s)
Attorney for Plaintiff

Custer, William V. (Georgia)

Houk, Julie M. (Georgia)

Attorney for Defendant

Anderson, Julia B. (Georgia)

Correia, Cristina Maria (Georgia)

Heidt, Josiah Benjamin (Georgia)

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Documents in the Clearinghouse

Document
1

4:16-cv-00269

Complaint for Injunctive and Declaratory Relief

Georgia Coalition For T v. Deal

Oct. 12, 2016

Oct. 12, 2016

Complaint
2-1

4:16-cv-00269

Plaintiffs' Memorandum of Law in Support of Emergency Motion for Preliminary Injunction

Georgia Coalition For T v. Deal

Oct. 12, 2016

Oct. 12, 2016

Pleading / Motion / Brief
2

4:16-cv-00269

Plaintiffs' Emergency Motion for Preliminary Injunction

Georgia Coalition For T v. Deal

Oct. 12, 2016

Oct. 12, 2016

Pleading / Motion / Brief
16

4:16-cv-00269

Order

Georgia Coalition For T v. Deal

Oct. 14, 2016

Oct. 14, 2016

Order/Opinion
28

4:16-cv-00269

Joint Stipulation

Georgia Coalition For T v. Deal

Jan. 11, 2017

Jan. 11, 2017

Settlement Agreement
31

4:16-cv-00269

Order Dismissing Case with Prejudice

Georgia Coalition For T v. Deal

March 15, 2017

March 15, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4505778/georgia-coalition-for-the-peoples-agenda-inc-v-deal/

Last updated Aug. 20, 2025, 9:04 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Nathan Deal, Brian P. Kemp, filed by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Exhbit A, # 3 Exhibit B, # 4 Exhbit C, # 5 Exhbit D, # 6 Exhbit E, # 7 Exhibit F, # 8 Exhbit G)(wwp) (Entered: 10/13/2016)

1 Civil Cover Sheet

View on PACER

2 Exhbit A

View on PACER

3 Exhibit B

View on PACER

4 Exhbit C

View on PACER

5 Exhbit D

View on PACER

6 Exhbit E

View on PACER

7 Exhibit F

View on PACER

8 Exhbit G

View on PACER

Oct. 12, 2016

Oct. 12, 2016

Clearinghouse
2

MOTION for Emergency Preliminary Injunction by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. Responses due by 10/31/2016. (Attachments: # 1 memorandum, # 2 proposed order)(wwp) (Entered: 10/13/2016)

1 memorandum

View on RECAP

2 proposed order

View on PACER

Oct. 12, 2016

Oct. 12, 2016

Clearinghouse

Filing Fee Received

Oct. 12, 2016

Oct. 12, 2016

PACER

Filing fee: $ 400.00, receipt number 113J-2058073. (wwp)

Oct. 12, 2016

Oct. 12, 2016

PACER
10

MOTION for Leave to Appear Pro Hac Vice (John Powers) Receipt Number 113J-2058785, Fee Amount $200, by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. Responses due by 10/31/2016. (Custer, William) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
11

MOTION for Leave to Appear Pro Hac Vice (Ezra D. Rosenberg) Receipt Number 113J-2058808, Fee Amount $200, by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. Responses due by 10/31/2016. (Custer, William) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
3

Summons Issued as to John Nathan Deal, Brian P. Kemp. (wwp) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
4

General Order pursuant to Federal Rule of Civil Procedure 26F. Signed by Magistrate Judge G. R. Smith on 10/13/16. (Attachments: # 1 Notice) (wwp) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
5

Disclosure Statement pursuant to Local Rule 7.1.1 by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Custer, William) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
6

ORDER granting request for oral argument re 2 MOTION for Preliminary Injunction filed by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. The Court will conduct a hearing on this matter at 10:00 am on Friday, October 14, 2016. Signed by Judge William T. Moore, Jr on 10.13.16. (en) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

RECAP
7

NOTICE of Hearing on 2 MOTION for Preliminary Injunction : Motion Hearing set for 10/14/2016 10:00 AM in Savannah - 3rd Floor before Judge William T. Moore Jr. (en) Modified on 10/14/2016 (wwp). (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
8

MOTION for Leave to Appear Pro Hac Vice (Julie M. Houk) Receipt Number 113J-2058654, Fee Amount $200, by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. Responses due by 10/31/2016. (Custer, William) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
9

NOTICE of Filing by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc Declaration of Bryan Sells in Support of Motion for Emergency Preliminary Injunction (Attachments: # 1 Exhibit 1)(Custer, William) (Entered: 10/13/2016)

1 Exhibit 1

View on PACER

Oct. 13, 2016

Oct. 13, 2016

PACER
12

Minute Entry for proceedings held before Judge William T. Moore, Jr.: Motion Hearing held on 10/14/2016 re 2 MOTION for Preliminary Injunction filed by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Court Reporter Kelly Dorsey.) (jgb) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

RECAP
13

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Signed by Judge William T. Moore, Jr on 10/14/16. (jlm) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

RECAP
14

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Signed by Judge William T. Moore, Jr on 10/14/16. (jlm) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

RECAP
15

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Signed by Judge William T. Moore, Jr on 10/14/16. (jlm) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

RECAP
16

ORDER granting 2 Motion for Preliminary Injunction. As a result, Defendants are DIRECTED to extend the voter registration deadline for Chatham County from October 11, 2016 to October 18, 2016. Signed by Judge William T. Moore, Jr on 10/14/16. (jlm) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

Clearinghouse

Motions Referred

Oct. 14, 2016

Oct. 14, 2016

PACER

MOTIONS REFERRED: 11 MOTION for Leave to Appear Pro Hac Vice (Ezra D. Rosenberg) Receipt Number 113J-2058808, Fee Amount $200,, 10 MOTION for Leave to Appear Pro Hac Vice (John Powers) Receipt Number 113J-2058785, Fee Amount $200,, 8 MOTION for Leave to Appear Pro Hac Vice (Julie M. Houk) Receipt Number 113J-2058654, Fee Amount $200. (wwp)

Oct. 14, 2016

Oct. 14, 2016

PACER

Motions No Longer Referred

Oct. 14, 2016

Oct. 14, 2016

PACER

Motions No Longer Referred: 8 MOTION for Leave to Appear Pro Hac Vice (Julie M. Houk) Receipt Number 113J-2058654, Fee Amount $200,, 11 MOTION for Leave to Appear Pro Hac Vice (Ezra D. Rosenberg) Receipt Number 113J-2058808, Fee Amount $200,, 10 MOTION for Leave to Appear Pro Hac Vice (John Powers) Receipt Number 113J-2058785, Fee Amount $200. (wwp)

Oct. 14, 2016

Oct. 14, 2016

PACER
17

AFFIDAVIT of Service for Summons and Complaint served on John Nathan Deal, in his official capacity as Governor of Georgia on 10/13/2016, filed by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Custer, William) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
18

AFFIDAVIT of Service for Summons and Complaint served on Brian P. Kemp, in his official capacity as Secretary of State of Georgia on 10/13/2016, filed by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Custer, William) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
19

NOTICE of Appearance by Julia B. Anderson on behalf of All Defendants (Anderson, Julia) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
20

Mail 16 Returned as Undeliverable. Mail resent to Julia B. Anderson, Dept of Law, 40 Capital Sq., SW, Atlanta, GA 30334-1300. (jlm) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
21

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by John Nathan Deal, Brian P. Kemp. Responses due by 11/14/2016. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
22

ORDER granting 21 Motion for Extension of Time to Answer the 1 Complaint. John Nathan Deal answer due 12/5/2016; Brian P. Kemp answer due 12/5/2016. Signed by Magistrate Judge G. R. Smith on 10/27 /16. (wwp) Modified on 11/1/2016 (wwp). (Entered: 10/31/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
23

STATUS REPORT PLAINTIFFS' STATUS REPORT by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Powers, John) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
24

Second MOTION for Extension of Time to File Answer re 1 Complaint, by John Nathan Deal, Brian P. Kemp. Responses due by 12/16/2016. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
25

ORDER granting 24 Motion for Extension of Time to Answer. Defendants' time to respond to the complaint is extended through and including Wednesday, January 4, 2017. Signed by Magistrate Judge G. R. Smith on 11/30/16. (jlm) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
26

Third MOTION for Extension of Time to File Response/Reply to Complaint by John Nathan Deal, Brian P. Kemp. Responses due by 1/13/2017. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
27

ORDER granting 26 Motion for Extension of Time to File Response/Reply to Complaint. Responses due by 1/11/2017. Signed by Magistrate Judge G. R. Smith on 12/30/16. (jlm) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER

Motions Referred

Jan. 3, 2017

Jan. 3, 2017

PACER

MOTIONS REFERRED: 26 Third MOTION for Extension of Time to File Response/Reply to Complaint. (wwp)

Jan. 3, 2017

Jan. 3, 2017

PACER
28

STIPULATION re 1 Complaint, Joint Stipulation by John Nathan Deal, Brian P. Kemp. (Correia, Cristina) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

Clearinghouse
29

NOTICE of Settlement by John Nathan Deal, Brian P. Kemp (Heidt, Josiah) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

RECAP
30

STIPULATION of Dismissal With Prejudice by Georgia Coalition for the Peoples' Agenda, Inc, Georgia State Conference of the NAACP, Third Sector Development, Inc. (Custer, William) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

RECAP
31

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge William T. Moore, Jr on 3/15/17. (jlm) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

Clearinghouse

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. 12, 2016

Closing Date: Oct. 18, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Georgia Coalition for the Peoples' Agenda, Inc., as an organization; Georgia State Conference of the NAACP, as an organization; and Third Sector Development, Inc., as an organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Georgia (Chatham), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Voter Registration

Order Duration: 2016 - 2016

Issues

Voting:

Voter registration rules

Voting: General & Misc.