Case: Democratic Party of Georgia v. Burkes

1:18-cv-00212 | U.S. District Court for the Middle District of Georgia

Filed Date: Nov. 8, 2018

Closed Date: Jan. 30, 2019

Clearinghouse coding complete

Case Summary

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 collecti…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8159056/parties/the-democratic-party-of-georgia-v-burkes/


Judge(s)

Sands, Willie Louis (Georgia)

Attorney for Plaintiff

Kastorf, Kurt G. (Georgia)

Lawrence, Allegra J. (Georgia)

LINDENBAUM, DARA (Georgia)

Attorney for Defendant

Lee, William Spencer (Georgia)

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Documents in the Clearinghouse

Document
1

1:18-cv-00212

Complaint for Declaratory and Injunctive Relief

Democratic Party Of Georgia V. Burkes, Et Al

Nov. 8, 2018

Nov. 8, 2018

Complaint

Docket

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.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Fee paid: Receipt # 113G-3017843, $400 filed by Democratic Party of Georgia (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Kastorf, Kurt) (Entered: 11/08/2018)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

Nov. 8, 2018

Nov. 8, 2018

Clearinghouse

Case ASSIGNED to US DISTRICT JUDGE W LOUIS SANDS. US DISTRICT JUDGE LESLIE J ABRAMS no longer assigned to the case. (dwb)

Nov. 8, 2018

Nov. 8, 2018

PACER

NOTICE OF SETTING Evidentiary Hearing for 11/9/2018 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. [Note: Hearing set at the request of Plaintiff upon notifying the Court of its intention to file a request for PI/TRO and request for expedited hearing. Plaintiff is directed by the Court to notify all parties.](jbk)

Nov. 8, 2018

Nov. 8, 2018

PACER
2

EMERGENCY MOTION for Preliminary Injunction by Democratic Party of Georgia filed by Kurt G. Kastorf. (Attachments: # 1 Memorandum in Support Memorandum in Support with Exhibits, # 2 Proposed Order Proposed Order)(Kastorf, Kurt) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

Notice of Deficiency (related document(s): 1 Complaint filed by DEMOCRATIC PARTY OF GEORGIA ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. Additionally, information referring to an individual's official capacity should be added in the Party Text. NO NEED TO REFILE. (bcl)

Nov. 9, 2018

Nov. 9, 2018

PACER

Notice of Deficiency (related document(s): 1 Complaint filed by DEMOCRATIC PARTY OF GEORGIA ); Notice to Counsel - Allegra J. Lawrence: Your contact information in CM/ECF is not current. Please login as soon as possible and update your user account via Utilities - Your Account. (bcl)

Nov. 9, 2018

Nov. 9, 2018

PACER

NOTICE TO COUNSEL DARA LINDENBAUM - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (bcl)

Nov. 9, 2018

Nov. 9, 2018

PACER

Notice of Deficiency (related document(s): 2 Motion for Preliminary Injunction filed by DEMOCRATIC PARTY OF GEORGIA ); Document must be refiled to include a description of exhibit(s). (bcl)

Nov. 9, 2018

Nov. 9, 2018

PACER
3

Consent Form (28 USC 636(c)(1)) sent to DEMOCRATIC PARTY OF GEORGIA (bcl) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
4

ORDER SETTING HEARING: re 2 MOTION for Preliminary Injunction filed by DEMOCRATIC PARTY OF GEORGIA : Hearing set for 11/9/2018 02:00 PM in Albany before US DISTRICT JUDGE W LOUIS SANDS. The Defendants are enjoined from certifying votes for the 11/6/2018 election pending this hearing. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/9/2018. (bcl) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
5

CONSENT ORDER and COURT ORDER Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/9/2018. (bcl) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
6

Minute Entry for proceedings held before US DISTRICT JUDGE W LOUIS SANDS: PI / TRO Hearing held on 11/9/2018. Court Reporter: Sally Gray.Time in Court: 3 hrs 30 mins. (bcl) (Entered: 11/14/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
7

ORDER directing the Parties to file the appropriate dismissal documents no later than 12/11/2018. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/27/2018. (bcl) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER

NOTICE TO COUNSEL DARA LINDENBAUM - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (bcl)

Nov. 28, 2018

Nov. 28, 2018

PACER
8

CONSENT MOTION to Approve Consent Judgment by DEMOCRATIC PARTY OF GEORGIA filed by Kurt G. Kastorf. (Attachments: # 1 Proposed Order Proposed Order Directing Entry of Final Judgment)(Kastorf, Kurt) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
9

NOTICE of Attorney Appearance by William Spencer Lee, IV on behalf of CONSTANCE BURKES, ERNEST DAVIS, JR, BENNY G HAND, CHARLES W LAMB, JR, ANNABELLE T STUBBS, FREDERICK WILLIAMS Attorney William Spencer Lee, IV added to party CONSTANCE BURKES(pty:dft), Attorney William Spencer Lee, IV added to party ERNEST DAVIS, JR(pty:dft), Attorney William Spencer Lee, IV added to party BENNY G HAND(pty:dft), Attorney William Spencer Lee, IV added to party CHARLES W LAMB, JR(pty:dft), Attorney William Spencer Lee, IV added to party ANNABELLE T STUBBS(pty:dft), Attorney William Spencer Lee, IV added to party FREDERICK WILLIAMS(pty:dft). Filed manually with permission of Chief Deputy Clerk. (Attachments: # 1 Cover Letter, # 2 Envelope)(bcl) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
10

ORDER directing Attorney Lindenbaum to pay the pro hac vice fee seven days from the entry of this order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/2/2019. (bcl) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
11

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DARA LINDENBAUM (nop) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
12

ORDER granting 8 Motion to Approve Consent Judgment. The Clerk of Court is directed to enter final judgment for Plaintiff and close this case. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/30/2019 (bcl) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
13

JUDGMENT in favor of Plaintiff. (bcl) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

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: 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

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 (Dougherty), County

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Content of Injunction:

Voting Process Changes

Issues

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access