Filed Date: Nov. 8, 2018
Closed Date: Jan. 30, 2019
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This lawsuit involved allegations that county officials violated the First and Fourteenth Amendments by placing an undue burden on the right to vote, exhibiting arbitrary and disparate treatment, and denying procedural due process.
On November 8, 2018, in the United States District Court Middle District of Georgia Albany Division, the Democratic Party of Georgia (“Plaintiff”) filed a lawsuit against members of the Dougherty County Board of Registrations and Elections, who at the time collectively served as the Superintendent of Elections in Dougherty County, Georgia (“Defendant”). The suit was filed on behalf of the Georgia Democratic Party’s elected officials, candidates in office, and the democratic candidate who appeared on the ballot in Dougherty County (the “County”). Represented by private counsel, Plaintiff sought an order and judgment instructing Defendant that all absentee ballots received by the County postmarked by November 6, 2018, and received within three-days following the November 2018 election, if proper in all other respects, shall be valid ballots and be included in the certified election results, and any other relief as the District Court had deemed proper.
In the Complaint, Plaintiff stated that Georgia permitted “no excuse” absentee balloting, meaning any registered Georgia voter could vote absentee by mail without providing a reason for doing so. Additionally, O.C.G.A § 21-2-384 stated that absentee ballots were to be mailed or issued to all eligible applicants between 45-49 days prior to any general election other than municipal general elections, and absentee ballots were to be returned prior to the closing of the polls on the date of the particular election. For the November 2018 Georgia election, all absentee ballots statutorily should have been issued during the latter portion of September 2018; however, (a) a County resident who sought to be listed as a candidate obtained an injunction on September 20, 2018, preventing the Board of Registrars (the “Board”) from mailing absentee ballots until after the injunction was lifted on Friday October 5, 2018; (b) Monday October 8, 2018 was Columbus Day and County offices were closed; and (c) on October 9, 2018, Hurricane Michael struck the County, further preventing the Board from issuing absentee ballots. Due to these circumstances, the Board continued to mail absentee ballots until at least as late as October 29, 2018, preventing as many as 1000 absentee ballots from being received by the County prior to election day. Plaintiff alleged in the Complaint that the County violated the Georgia state laws by issuing ballots in October 2018 and enforcing the requirement that ballots be received prior to the close of polls when the County had failed to satisfy its obligation to mail absentee ballots in a timely manner, imposing significant burdens on the fundamental right to vote.
On November 9, 2018, the Court issued a permanent injunction in favor of Plaintiff. On November 27, 2018, the Court signed an order directing the parties to file appropriate dismissal documents no later than December 11, 2018. On January 30, 2019, a Consent Motion for Entry of Judgment was granted as Plaintiff stated that the permanent injunction provided Plaintiff with all relief requested and Defendant failed to respond to the Complaint, and a judgment was submitted in favor of Plaintiff.
Summary Authors
Abigail Toohey (11/15/2023)
Abigail Toohey (12/20/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8159056/parties/the-democratic-party-of-georgia-v-burkes/
Sands, Willie Louis (Georgia)
Kastorf, Kurt G. (Georgia)
Lawrence, Allegra J. (Georgia)
LINDENBAUM, DARA (Georgia)
Lee, William Spencer (Georgia)
Sands, Willie Louis (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/8159056/the-democratic-party-of-georgia-v-burkes/
Last updated March 9, 2024, 3:02 a.m.
State / Territory: Georgia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 8, 2018
Closing Date: Jan. 30, 2019
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Democratic Party of Georgia. An official Democratic Party organization of the state of Georgia, filing on behalf of the Georgia Democratic Party’s elected officials, candidates in office, and candidate who appeared on the ballot in Dougherty County, Georgia.
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2019 - None
Content of Injunction:
Issues
Voting: