Case: Driver v. Houston County Board of Elections

5:25-cv-00025 | U.S. District Court for the Middle District of Georgia

Filed Date: Jan. 16, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged Houston County, Georgia's method of electing its Board of Commissioners. On January 16, 2025, the United States of America filed this suit in the U.S. District Court for the Middle District of Georgia against Houston County and several members of the Houston County Board of Commissioners. Plaintiff alleged that defendants violated Section 2 of the Voting Rights Act (VRA), 52 U.S.C. §§ 10301, by using a method to elect the Board of Commissioners that diluted the voting stren…

This case challenged Houston County, Georgia's method of electing its Board of Commissioners.

On January 16, 2025, the United States of America filed this suit in the U.S. District Court for the Middle District of Georgia against Houston County and several members of the Houston County Board of Commissioners. Plaintiff alleged that defendants violated Section 2 of the Voting Rights Act (VRA), 52 U.S.C. §§ 10301, by using a method to elect the Board of Commissioners that diluted the voting strength of Black citizens and gave Black citizens less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. Specifically, the United States alleged that the Black population of Houston County was politically cohesive, and the White population voted as a bloc to usually defeat the preferred candidate of Black voters. As such, only one Black citizen had been voted into office since the end of Reconstruction in 1876. The United States sought declaratory and injunctive relief enjoining defendants from administering, implementing, or conducting any future elections under the current method of election; and an order for defendants to devise and implement an election system that complied with Section 2 of the VRA. The case was assigned to Judge Marc Thomas Treadwell.

On January 25, 2025, several Black voters in Houston County filed a motion to intervene, arguing that the United States inadequately represented their interest and that they shared an interest in the litigation as voters affected by the current election method. The court granted the motion to intervene on March 4, finding that the intervenors could offer new evidence that could shed additional light on the issue. The following day, the intervenor-plaintiffs filed a complaint seeking declaratory and injunctive relief prohibiting further use of the existing method of election on the ground that it diluted Black voting strength in violation of Section 2. Intervenor-plaintiffs further sought attorneys’ fees.

On March 17, 2025, defendants filed a motion to dismiss for lack of subject matter jurisdiction. Defendants argued that the United States sued the wrong party, as defendants did not administer the elections in Houston County and did not adopt the countywide method of election, nor would enjoining them change the current method of election of commissioners. A decision on this motion is pending.

On March 24, 2025, the United States flipped its position and filed a motion to voluntarily dismiss the case. While the United States did not specify why it decided to dismiss the case, the dismissal dovetails with the Trump Administration's dismissal of most voting rights litigation brought by the Biden Administration. The case was closed the following day; it was reopened the same day, however, in light of the intervenor plaintiffs' complaint.

On March 26, 2025, defendants filed a motion to dismiss intervenor plaintiffs' complaint. Intervenor plaintiffs' response was filed on May 27, and defendants' reply was filed June 10. The court's ruling on this motion remains pending. 

On April 15, 2025, the court granted a joint motion by defendants and intervenor-plaintiffs to redesignate the parties and rename the case, in light of the United States' withdrawal from the case. The case, originally named United States v. Houston County et al., was renamed to Driver et al. v. Houston County Board of Elections et al.

This case is ongoing.

Summary Authors

Madilynn O'Hara (3/12/2025)

Matt Petrillo (6/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69554602/parties/united-states-v-houston-county/


Judge(s)
Attorney for Plaintiff

FREEMAN, DANIEL J (Georgia)

Attorney for Defendant

JACOUTOT, BRYAN FRANCIS (Georgia)

LAROSS, DIANE (Georgia)

Expert/Monitor/Master/Other

ANDERSON, ARIELLE (Georgia)

BARRON, LYNSEY (Georgia)

show all people

Documents in the Clearinghouse

Document
1

5:25-cv-00025

Complaint

United States v. Houston County

Jan. 16, 2025

Jan. 16, 2025

Complaint
13

5:25-cv-00025

Order

United States of America v. Houston County

March 4, 2025

March 4, 2025

Order/Opinion

2025 WL 694458

14

5:25-cv-00025

Complaint-in-Intervention

United States of America v. Houston County

March 5, 2025

March 5, 2025

Complaint
19

5:25-cv-00025

County Defendants’ Motion to Dismiss Plaintiff’s Complaint

United States v. Houston County

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
19-1

5:25-cv-00025

County Defendants’ Brief in Support of Motion to Dismiss Complaint

United States v. Houston County

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
20

5:25-cv-00025

Notice of Voluntary Dismissal

United States of America v. Houston County

March 24, 2025

March 24, 2025

Pleading / Motion / Brief
21

5:25-cv-00025

County Defendants' Motion to Dismiss Plaintiff-Intervenors' Complaint-in-Intervention

United States of America v. Houston County

March 26, 2025

March 26, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69554602/united-states-v-houston-county/

Last updated Aug. 19, 2025, 8:23 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MARK BYRD, Shane Gottwals, HOUSTON COUNTY, DAN PERDUE, Gail Robinson, TAL TALTON filed by UNITED STATES OF AMERICA (Attachments: # 1 Civil Cover Sheet)(FREEMAN, DANIEL) (Entered: 01/16/2025)

1 Civil Cover Sheet

View on PACER

Jan. 16, 2025

Jan. 16, 2025

Clearinghouse
2

NOTICE of Attorney Appearance by BRIAN REMLINGER on behalf of UNITED STATES OF AMERICA Attorney BRIAN REMLINGER added to party UNITED STATES OF AMERICA(pty:pla)(REMLINGER, BRIAN) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
3

***DISREGARD*** refiled at 4 NOTICE of Attorney Appearance by ERNEST ALAN MCFARLAND on behalf of UNITED STATES OF AMERICA Attorney ERNEST ALAN MCFARLAND added to party UNITED STATES OF AMERICA(pty:pla)(MCFARLAND, ERNEST) Modified to update docket text on 1/17/2025 (rka). (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

Notice of Deficiency (related document(s): 3 Notice of Attorney Appearance filed by UNITED STATES OF AMERICA ); Document must be converted into text-searchable PDF format and re-filed. See CM/ECF Administrative Procedures.(rka)

Jan. 17, 2025

Jan. 17, 2025

PACER
4

NOTICE of Attorney Appearance by ERNEST ALAN MCFARLAND on behalf of UNITED STATES OF AMERICA (MCFARLAND, ERNEST) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
5

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA as to MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON. (FREEMAN, DANIEL) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
6

NOTICE of Attorney Appearance by BRYAN P TYSON on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney BRYAN P TYSON added to party HOUSTON COUNTY(pty:dft), Attorney BRYAN P TYSON added to party DAN PERDUE(pty:dft), Attorney BRYAN P TYSON added to party SHANE GOTTWALS(pty:dft), Attorney BRYAN P TYSON added to party GAIL ROBINSON(pty:dft), Attorney BRYAN P TYSON added to party TAL TALTON(pty:dft), Attorney BRYAN P TYSON added to party MARK BYRD(pty:dft)(TYSON, BRYAN) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
7

MOTION to Intervene by Courtney Driver, Michael C Jones filed by BRYAN L SELLS. (Attachments: # 1 proposed complaint-in-intervention)(SELLS, BRYAN) (Entered: 01/25/2025)

Jan. 25, 2025

Jan. 25, 2025

PACER
8

NOTICE of Attorney Appearance by LYNSEY BARRON on behalf of Courtney Driver Attorney LYNSEY BARRON added to party Courtney Driver(pty:mov)(BARRON, LYNSEY) (Entered: 01/25/2025)

Jan. 25, 2025

Jan. 25, 2025

PACER
9

NOTICE of Attorney Withdrawal by BRIAN REMLINGER on behalf of UNITED STATES OF AMERICA(REMLINGER, BRIAN) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER
10

RESPONSE filed by UNITED STATES OF AMERICA re 7 MOTION to Intervene (FREEMAN, DANIEL) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

RECAP
11

RESPONSE filed by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD re 7 MOTION to Intervene (TYSON, BRYAN) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP
12

REPLY to Response filed by COURTNEY DRIVER, MICHAEL C JONES re 7 MOTION to Intervene (SELLS, BRYAN) (Entered: 03/02/2025)

March 2, 2025

March 2, 2025

RECAP
13

ORDER GRANTING 7 Motion to Intervene by Courtney Driver and Michael C Jones. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 3/4/2025. (kat)

March 4, 2025

March 4, 2025

Clearinghouse
14

Intervenor COMPLAINT against MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON, Houston County Board of Elections, Pamela Morgan (SELLS, BRYAN) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

Clearinghouse
15

WAIVER OF SERVICE Returned Executed by MICHAEL C JONES, COURTNEY DRIVER as to HOUSTON COUNTY BOARD OF ELECTIONS. (SELLS, BRYAN) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

RECAP
16

WAIVER OF SERVICE Returned Executed by MICHAEL C JONES, COURTNEY DRIVER as to PAMELA MORGAN. (SELLS, BRYAN) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

RECAP
17

NOTICE of Attorney Appearance by BRYAN FRANCIS JACOUTOT on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney BRYAN FRANCIS JACOUTOT added to party HOUSTON COUNTY(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party DAN PERDUE(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party SHANE GOTTWALS(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party GAIL ROBINSON(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party TAL TALTON(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party MARK BYRD(pty:dft)(JACOUTOT, BRYAN) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
18

NOTICE of Attorney Appearance by DIANE LAROSS on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney DIANE LAROSS added to party HOUSTON COUNTY(pty:dft), Attorney DIANE LAROSS added to party DAN PERDUE(pty:dft), Attorney DIANE LAROSS added to party SHANE GOTTWALS(pty:dft), Attorney DIANE LAROSS added to party GAIL ROBINSON(pty:dft), Attorney DIANE LAROSS added to party TAL TALTON(pty:dft), Attorney DIANE LAROSS added to party MARK BYRD(pty:dft)(LAROSS, DIANE) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
19

MOTION to Dismiss Complaint re 1 Complaint (IFP) : by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD filed by BRYAN P TYSON. (Attachments: # 1 Memorandum in Support)(TYSON, BRYAN) (Entered: 03/17/2025)

1 Memorandum in Support

View on RECAP

March 17, 2025

March 17, 2025

Clearinghouse
20

NOTICE of Voluntary Dismissal by UNITED STATES OF AMERICA as to All Defendants (MCFARLAND, ERNEST) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse

REMARK: In light of 20 Voluntary Dismissal, this case has been closed. (rka)

March 25, 2025

March 25, 2025

PACER

REMARK: Case has been reopened pursuant to pending Intervenor Complaint re 14 . (rka)

March 25, 2025

March 25, 2025

PACER
21

MOTION to Dismiss Complaint re 14 Intervenor Complaint : by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD filed by BRYAN P TYSON. (Attachments: # 1 Memorandum in Support)(TYSON, BRYAN) (Entered: 03/26/2025)

1 Memorandum in Support

View on RECAP

March 26, 2025

March 26, 2025

Clearinghouse
22

UNOPPOSED MOTION to Dismiss Party MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON by MICHAEL C JONES, COURTNEY DRIVER filed by BRYAN L SELLS. (Attachments: # 1 Proposed Order)(SELLS, BRYAN) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
23

This is a text only entry; no document issued. ORDER GRANTING 22 Plaintiff's Motion to Dismiss Party. Defendants Houston County, Dan Perdue, Shane Gottwals, Gail Robinson, Tal Talton, and Mark Byrd are DISMISSED without prejudice and their Motion to Dismiss 21 is TERMINATED as moot. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/7/2025. (afw) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER

Order on Motion to Dismiss Party

April 7, 2025

April 7, 2025

PACER
24

JOINT MOTION to redesignate parties by COURTNEY DRIVER, MICHAEL C JONES filed by BRYAN L SELLS.(SELLS, BRYAN) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
25

This is a text only entry; no document issued. ORDER GRANTING 24 Joint Motion to Redesignate Parties. The Clerk of Court is directed to re-designate Courtney Driver and Michael Jones as Plaintiffs and change the caption of this case to Driver et al. v. Houston County Board of Elections et al. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/15/2025. (afw) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Order on Motion for Miscellaneous Relief

April 15, 2025

April 15, 2025

PACER
26

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 5/16/2025. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/16/2025. (Attachments: # 1 Required Form) (kat) (Entered: 04/16/2025)

1 Required Form

View on PACER

April 16, 2025

April 16, 2025

RECAP
27

UNOPPOSED MOTION to Stay Discovery and Discovery Deadlines by HOUSTON COUNTY BOARD OF ELECTIONS filed by BRYAN P TYSON. (Attachments: # 1 Proposed Order)(TYSON, BRYAN) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
28

This is a text only entry; no document issued. ORDER GRANTING 27 Motion to Stay. All discovery deadlines are stayed pending resolution of the Defendants' forthcoming motion to dismiss. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/23/2025. (afw) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER

Order on Motion to Stay

April 23, 2025

April 23, 2025

PACER
29

MOTION to Dismiss Complaint re 14 Intervenor Complaint : by HOUSTON COUNTY BOARD OF ELECTIONS, PAMELA MORGAN filed by BRYAN P TYSON. (Attachments: # 1 Memorandum in Support)(TYSON, BRYAN) (Entered: 05/05/2025)

1 Memorandum in Support

View on RECAP

May 5, 2025

May 5, 2025

RECAP
30

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of COURTNEY DRIVER, MICHAEL C JONES Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4937561, $100. LOCAL COUNSEL Name and Georgia Bar #: Bryan L. Sells, Bar No. 635562. (Attachments: # 1 Certificate of Good Standing David Newmann Certificate of Good Standing from the Eastern District of Pennsylvania)(NEWMANN, DAVID) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
31

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DAVID NEWMANN. (aen) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
32

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of COURTNEY DRIVER, MICHAEL C JONES Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4941235, $100. LOCAL COUNSEL Name and Georgia Bar #: Bryan L. Sells, Bar No. 635562. (Attachments: # 1 Certificate of Good Standing Arielle Anderson Certificate of Good Standing from the Southern District of Texas)(ANDERSON, ARIELLE) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

PACER
33

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ARIELLE ANDERSON. (aen) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

PACER
34

NOTICE of Supplemental Authority by HOUSTON COUNTY BOARD OF ELECTIONS, PAMELA MORGAN (TYSON, BRYAN) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

RECAP
35

RESPONSE filed by COURTNEY DRIVER, MICHAEL C JONES re 29 MOTION to Dismiss Complaint re 14 Intervenor Complaint : (BARRON, LYNSEY) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
36

REPLY to Response filed by HOUSTON COUNTY BOARD OF ELECTIONS, PAMELA MORGAN re 29 MOTION to Dismiss Complaint re 14 Intervenor Complaint : (TYSON, BRYAN) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

RECAP
37

NOTICE of supplemental authority by COURTNEY DRIVER, MICHAEL C JONES re 29 MOTION to Dismiss Complaint re 14 Intervenor Complaint : (Attachments: # 1 Exhibit - Medina opinion)(SELLS, BRYAN) (Entered: 06/30/2025)

1 Exhibit - Medina opinion

View on PACER

June 30, 2025

June 30, 2025

RECAP
38

RESPONSE in Opposition re 37 Notice (Other) (Attachments: # 1 Exhibit A - Order Denying Rehearing En Banc in Turtle Mountain)(TYSON, BRYAN) (Entered: 07/08/2025)

1 Exhibit A - Order Denying Rehearing En Banc in Turtle Mountain

View on PACER

July 8, 2025

July 8, 2025

RECAP
39

NOTICE of Supplemental Authority by COURTNEY DRIVER, MICHAEL C JONES re 29 MOTION to Dismiss Complaint re 14 Intervenor Complaint : (Attachments: # 1 Exhibit - Supreme Court order staying the Eighth Circuit's mandate)(SELLS, BRYAN) (Entered: 07/25/2025)

1 Exhibit - Supreme Court order staying the Eighth Circuit's mandate

View on PACER

July 25, 2025

July 25, 2025

RECAP
40

RESPONSE in Opposition re 39 Notice (Other), (TYSON, BRYAN) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Voting/Election Law)

Key Dates

Filing Date: Jan. 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Originally, the United States; following USA's withdrawal, two Black voters in Houston County, Ga.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Houston County (Houston), County

members of the Houston County Board of Commissioners (Houston), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Race discrimination

Voting:

Challenges to at-large/multimember district/election

Election administration

Voting: General & Misc.