Case: Cooper v. Raffensperger

1:20-cv-01312 | U.S. District Court for the Northern District of Georgia

Filed Date: March 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: Two third-party nominees for the Georgia State House of Representatives filed this case alleging that, in light of public health risks associated with COVID-19, requiring them to collect over 20,000 signatures to get on the ballot violated the First and Fourteenth Amendments. On July 9, the court ordered the defendants to r…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: Two third-party nominees for the Georgia State House of Representatives filed this case alleging that, in light of public health risks associated with COVID-19, requiring them to collect over 20,000 signatures to get on the ballot violated the First and Fourteenth Amendments. On July 9, the court ordered the defendants to reduce the relevant signature requirements by 30% for the 2020 general election.


The two plaintiffs in this case, the Green Party and Libertarian Party nominees for seats in the Georgia State House of Representatives, filed this case in the U.S. District Court for the Northern District of Georgia on March 26, 2020. Their complaint alleged that Georgia state laws requiring extensive collection of signatures to get on the ballot as a third party candidate should be relaxed in light of the COVID-19 public health emergency. Their complaint names one defendant, the Secretary of State for the State of Georgia. This case has been assigned to Judge Eleanor Ross, and the plaintiffs are represented by private counsel.

The requirements to get on the ballot as a third party candidate in Georgia require a nominee to collect signatures from 5% of the registered voters in the district where they are running. For the two plaintiffs in this case, that would require gathering over 20,000 signatures each. Their complaint argued that requiring them to do this before the deadline of August 14, 2020, would be virtually impossible given the circumstances stemming from COVID-19, making the requirements a violation of their First and Fourteenth Amendment rights. They are seeking declaratory and equitable relief. Specifically, they have asked the court to prorate the signature requirement to account for days lost due to COVID-19.

The plaintiffs filed a motion for a preliminary injunction on May 8, 2020. On May 29, the defendants responded to the motion, requesting a denial of the preliminary injunction or grant in part with only a 30% reduction of the petition requirements, which they argued was an appropriate balance between the burdens of COVID-19 and the State's interest in requiring a showing of voter support for ballot access.

Following a hearing, on July 9, the court granted in part the plaintiffs' motion for a preliminary injunction, but refused to impose the requested remedy. Instead, the court ordered the defendants to reduce the relevant signature requirements by 30% for the 2020 general election.

On August 21, the plaintiffs submitted a motion for summary judgment based on the court's ruling on the preliminary injunction, as the only remaining claim is a declaratory judgment.

The case is ongoing.

Summary Authors

Alex Moody (5/13/2020)

Averyn Lee (9/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17043525/parties/cooper-v-raffensperger/


Judge(s)

Ross, Eleanor Louise (Georgia)

Attorney for Plaintiff

Sells, Bryan L. (Georgia)

Attorney for Defendant

Carr, Christopher M. (Georgia)

McGowan, Charlene S. (Georgia)

Webb, Brian K. (Georgia)

show all people

Documents in the Clearinghouse

Document

1:20-cv-01312

Docket [PACER]

Sept. 2, 2020

Sept. 2, 2020

Docket
1, 1-1

1:20-cv-01312

Complaint

March 26, 2020

March 26, 2020

Complaint
11 (& 11-1 to 11-25)

1:20-cv-01312

Plaintiffs' Motion for a Preliminary Injunction

May 8, 2020

May 8, 2020

Pleading / Motion / Brief
17 (& 17-1 to 17-4)

1:20-cv-01312

Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
22 (& 22-1 to 22-5)

1:20-cv-01312

Plaintiffs' Reply in Support of their Motion for a Preliminary Injunction

June 11, 2020

June 11, 2020

Pleading / Motion / Brief
29

1:20-cv-01312

Order

July 9, 2020

July 9, 2020

Order/Opinion
34

1:20-cv-01312

Plaintiffs' Motion for Summary Judgment

Aug. 21, 2020

Aug. 21, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17043525/cooper-v-raffensperger/

Last updated March 17, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Filing fee $400, receipt number AGANDC-9524709) (Attachments: # 1 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 03/27/2020)

1 Civil Cover Sheet

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March 26, 2020

March 26, 2020

RECAP
2

Electronic Summons Issued as to Brad Raffensperger. (bnp) (Entered: 03/27/2020)

March 26, 2020

March 26, 2020

PACER
3

General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bnp) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
4

WAIVER OF SERVICE Returned Executed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. Brad Raffensperger waiver mailed on 3/26/2020, answer due 5/26/2020. (Sells, Bryan) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
5

Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
6

Unopposed MOTION for Leave to File Excess Pages by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 05/01/2020)

1 Text of Proposed Order

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May 1, 2020

May 1, 2020

PACER
7

ORDER granting in part and denying in part 6 Motion for Leave to File Excess Pages. The page limit for each party's principal brief on the plaintiffs' motion for preliminary injunction shall be thirty-five (35) pages. Signed by Judge Eleanor L. Ross on 5/4/2020. (jap) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
8

NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
9

SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
10

NOTICE of Appearance by Charlene S McGowan on behalf of Brad Raffensperger (McGowan, Charlene) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
11

MOTION for Preliminary Injunction by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit 1: Executive Order 03.14.20.01, # 2 Exhibit 2: Executive Order 03.16.20.01, # 3 Exhibit 3: Executive Order 03.23.20.01, # 4 Exhibit 4: Executive Order 03.26.20.02, # 5 Exhibit 5: Executive Order 04.01.20.01, # 6 Exhibit 6: Executive Order 04.02.20.01, # 7 Exhibit 7: Executive Order 04.08.20.02, # 8 Exhibit 8: Executive Order 04.23.20.02, # 9 Exhibit 9: Executive Order 04.30.20.01, # 10 Exhibit 10: Raffensperger announcement of March 14, 2020, # 11 Exhibit 11: Raffensperger announcement of March 24, 2020, # 12 Exhibit 12: Raffensperger announcement of April 9, 2020, # 13 Exhibit 13: letter from Harvey to Cowen, # 14 Exhibit 14: WHO statement, # 15 Exhibit 15: WHO directors remarks, # 16 Exhibit 16: Azar determination, # 17 Exhibit 17: Presidential Proclamation, # 18 Exhibit 18: Cowen ECF 113, # 19 Exhibit 19: Cowen ECF 97, # 20 Exhibit 20: Declaration of Scott Cambers, # 21 Exhibit 21: Declaration of Jimmy Cooper, # 22 Exhibit 22: Declaration of Martin Cowen, # 23 Exhibit 23: Declaration of Hugh Esco, # 24 Exhibit 24: Declaration of Joe Reed, # 25 Exhibit Index)(Sells, Bryan) (Entered: 05/08/2020)

1 Exhibit 1: Executive Order 03.14.20.01

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2 Exhibit 2: Executive Order 03.16.20.01

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3 Exhibit 3: Executive Order 03.23.20.01

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4 Exhibit 4: Executive Order 03.26.20.02

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5 Exhibit 5: Executive Order 04.01.20.01

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6 Exhibit 6: Executive Order 04.02.20.01

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7 Exhibit 7: Executive Order 04.08.20.02

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8 Exhibit 8: Executive Order 04.23.20.02

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9 Exhibit 9: Executive Order 04.30.20.01

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10 Exhibit 10: Raffensperger announcement of March 14, 2020

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11 Exhibit 11: Raffensperger announcement of March 24, 2020

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12 Exhibit 12: Raffensperger announcement of April 9, 2020

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13 Exhibit 13: letter from Harvey to Cowen

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14 Exhibit 14: WHO statement

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15 Exhibit 15: WHO directors remarks

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16 Exhibit 16: Azar determination

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17 Exhibit 17: Presidential Proclamation

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18 Exhibit 18: Cowen ECF 113

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19 Exhibit 19: Cowen ECF 97

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20 Exhibit 20: Declaration of Scott Cambers

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21 Exhibit 21: Declaration of Jimmy Cooper

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22 Exhibit 22: Declaration of Martin Cowen

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23 Exhibit 23: Declaration of Hugh Esco

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24 Exhibit 24: Declaration of Joe Reed

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25 Exhibit Index

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May 8, 2020

May 8, 2020

PACER
12

Consent MOTION for Extension of Time File Response re: 11 MOTION for Preliminary Injunction with Brief In Support by Brad Raffensperger. (Attachments: # 1 Text of Proposed Order)(McGowan, Charlene) (Entered: 05/18/2020)

1 Text of Proposed Order

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May 18, 2020

May 18, 2020

PACER
13

ORDER granting 12 Motion for Extension of Time. Defendant shall have up to and including May 29, 2020, to file his response. Signed by Judge Eleanor L. Ross on 5/18/2020. (jap) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
14

ANSWER to 1 COMPLAINT by Brad Raffensperger. Discovery ends on 10/23/2020.(McGowan, Charlene) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
15

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
16

Certificate of Interested Persons by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Sells, Bryan) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
17

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Affidavit Exhibit 1: Harvey Declaration, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(McGowan, Charlene) (Entered: 05/29/2020)

1 Affidavit Exhibit 1: Harvey Declaration

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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May 29, 2020

May 29, 2020

RECAP

Clerks Notation re 16 Certificate of Interested Persons/Corporate Disclosure Statement by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. Read and approved by District Judge Eleanor L. Ross. (mlb)

June 1, 2020

June 1, 2020

PACER
18

ORDER Setting Hearing on 11 MOTION for Preliminary Injunction. Motion Hearing set for 6/30/2020 at 09:30 AM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. The Court DIRECTS the Parties to jointly submit, within fourteen (14) days from the date of entry of this order, a joint proposed schedule of the hearing setting forth how much time is requested by each party for oral argument. Signed by Judge Eleanor L. Ross on 6/3/2020. (jpk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
19

Unopposed MOTION for Leave to File Excess Pages by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 06/05/2020)

1 Text of Proposed Order

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June 5, 2020

June 5, 2020

PACER
20

ORDER granting 19 Motion for Leave to File Excess Pages. The page limit for the plaintiffs' reply in support of their motion for a preliminary injunction shall be 22 pages. Signed by Judge Eleanor L. Ross on 6/8/2020. (jpk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
21

Joint RESPONSE Regarding Oral Argument re 18 Order Setting Hearing on Motion filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Sells, Bryan) Modified on 6/11/2020 to edit text (jpk). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
22

REPLY BRIEF in Support of 11 MOTION for Preliminary Injunction filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit 25: Executive Order 05.28.20.01, # 2 Exhibit 26: Executive Order 05.28.20.02, # 3 Exhibit 27: Declaration of Richard Winger, # 4 Exhibit 28: Faulkner Complaint, # 5 Exhibit Index)(Sells, Bryan) Modified on 6/12/2020 to edit event text (jpk). (Entered: 06/11/2020)

1 Exhibit 25: Executive Order 05.28.20.01

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2 Exhibit 26: Executive Order 05.28.20.02

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3 Exhibit 27: Declaration of Richard Winger

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4 Exhibit 28: Faulkner Complaint

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5 Exhibit Index

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June 11, 2020

June 11, 2020

PACER

Submission of 11 MOTION for Preliminary Injunction to District Judge Eleanor L. Ross. (jpk)

June 15, 2020

June 15, 2020

PACER
23

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 06/23/2020)

1 Text of Proposed Order

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June 23, 2020

June 23, 2020

PACER
24

NOTICE by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party re 11 MOTION for Preliminary Injunction Notice of Supplemental Authority (Sells, Bryan) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
25

NOTICE by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party re 11 MOTION for Preliminary Injunction Second Notice of Supplemental Authority (Attachments: # 1 Exhibit People First v. Secretary of State of Alabama)(Sells, Bryan) (Entered: 06/26/2020)

1 Exhibit People First v. Secretary of State of Alabama

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June 26, 2020

June 26, 2020

PACER
26

NOTICE Of Filing by Brad Raffensperger re 17 Response in Opposition to Motion, Second Declaration of Chris Harvey (Attachments: # 1 Affidavit)(McGowan, Charlene) (Entered: 06/26/2020)

1 Affidavit

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June 26, 2020

June 26, 2020

PACER
27

Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 6/30/2020 re 11 MOTION for Preliminary Injunction. Also present during the hearing was Assistant Attorney General Miles Skedsvold. Court called to order. Oral arguments regarding outstanding motion. All issues were taken under advisement with an order forthcoming. Court adjourned. (Court Reporter Penny Condriet) (jpk) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
28

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (dgs) (ADI) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
29

ORDER granting in part and denying in part 11 Motion for Preliminary Injunction. The Court grants Plaintiffs' request for preliminary injunctive relief but declines to impose their invited remedy. The Court ORDERS the Secretary to reduce the relevant signature requirements by 30% for the 2020 general election. Signed by Judge Eleanor L. Ross on 7/9/2020. (jed) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP
30

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (ddm) (ADI) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
31

SCHEDULING ORDER on the 23 Joint Preliminary Report and Discovery Plan. Discovery ends on 11/25/2020. Motions for summary judgment due by 12/24/2020. Proposed Pretrial Order due by 12/24/2020, or 30 days after entry of the Court's ruling on any pending motions for summary judgment. Signed by Judge Eleanor L. Ross on 7/15/2020. (jpk) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
32

SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (jpa) (ADI) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
33

CERTIFICATE OF SERVICE of the Plaintiffs' Initial Disclosures, the Plaintiffs' First Interrogatories to the Defendant, and the Plaintiffs' First Requests for Production by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party.(Sells, Bryan) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
34

MOTION for Summary Judgment with Brief In Support by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit 1: Executive Order 07.31.20.01, # 2 Exhibit 2: Second Declaration of Hugh Esco, # 3 Statement of Material Facts)(Sells, Bryan) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/21/2020)

1 Exhibit 1: Executive Order 07.31.20.01

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2 Exhibit 2: Second Declaration of Hugh Esco

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3 Statement of Material Facts

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Aug. 21, 2020

Aug. 21, 2020

RECAP
35

CERTIFICATE OF SERVICE of the plaintiffs' expert disclosures by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party.(Sells, Bryan) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
36

SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
37

Joint MOTION for Entry of a Permanent Injunction and Final Order by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) Modified on 9/11/2020 to edit text (jpk). (Entered: 09/10/2020)

1 Text of Proposed Order

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Sept. 10, 2020

Sept. 10, 2020

PACER
38

CONSENT JUDGMENT/ORDER: The Court GRANTS the Parties' 37 motion. The Court DECLARES that in light of the current public health emergency caused by the novel coronavirus, Georgia's ballot-access laws for independent and political-body candidates for President of the United States and U.S. Representatives violate Plaintiffs' rights guaranteed by the First and Fourteenth Amendments to the U.S. Constitution, as enforced by 42 U.S.C. § 1983. The Court ENJOINS the Georgia Secretary of State, along with his agents, servants, employees, attorneys, and other persons who are in active concern or participation with him, from enforcing the petition-signature requirements set out in O.C.G.A. § 21-2-170 for the 2020 general election, except as follows: the Secretary of State and other election superintendents are ORDERED to reduce the applicable signature requirements for all independent and political-body candidates by 30 percent for the 2020 general election. In light of this ruling, the Court DENIES AS MOOT Plaintiffs' pending 34 Motion for Summary Judgment and directs the Clerk to CLOSE this case. Signed by Judge Eleanor L. Ross on 9/14/2020. (jpk) Modified on 9/14/2020 to edit event text (jpk). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Notification of Docket Correction re 38 CONSENT JUDGMENT/ORDER. (jpk)

Sept. 14, 2020

Sept. 14, 2020

PACER

Civil Case Terminated. (jpk)

Sept. 14, 2020

Sept. 14, 2020

PACER
39

BILL OF COSTS by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit receipt for filing fee)(Sells, Bryan) (Entered: 09/24/2020)

1 Exhibit receipt for filing fee

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Sept. 24, 2020

Sept. 24, 2020

PACER
40

MOTION for Attorney Fees by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Sells, Bryan) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
41

RESPONSE in Opposition re 40 MOTION for Attorney Fees filed by Brad Raffensperger. (McGowan, Charlene) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
42

Costs Taxed in the amount of $ 400.00 against Defendant for Plaintiffs (jpk) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
43

Supplemental REPLY BRIEF in Support of 40 MOTION for Attorney Fees (under Local Rule 54.2(A)(2)) filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit Declaration of Bryan L. Sells, # 2 Exhibit Declaration of Joyce Gist Lewis, # 3 Exhibit Second Declaration of Martin Cowen)(Sells, Bryan) Modified on 10/22/2020 to edit text (jpk). (Entered: 10/21/2020)

1 Exhibit Declaration of Bryan L. Sells

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2 Exhibit Declaration of Joyce Gist Lewis

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3 Exhibit Second Declaration of Martin Cowen

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Oct. 21, 2020

Oct. 21, 2020

PACER
44

REPLY BRIEF in Support of 40 MOTION for Attorney Fees filed by James L. (Jimmy) Cooper, III, Martin Cowen, Georgia Green Party. (Attachments: # 1 Exhibit 1: April 27 offer)(Sells, Bryan) Modified on 10/22/2020 to edit event text (jpk). (Entered: 10/21/2020)

1 Exhibit 1: April 27 offer

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Oct. 21, 2020

Oct. 21, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two third-party nominees to the Georgia State House of Representatives

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Georgia (Atlanta , Fulton), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Candidate qualifications

COVID-19:

Mitigation Granted

Mitigation Requested