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: This suit was brought on April 20 by a nonprofit organization and five voter plaintiffs against the state of Georgia to challenge various provisions of Georgia’s election system. The plaintiffs sought an order requiring the defendants to postpone the June elections by three weeks, replace hand-marked paper ballots to a touchscreen, allow curbside voting, and to require safer conditions for election workers among other proposed remedies. On May 11, the defendants submitted a motion to dismiss the complaint, which the court granted on May 14. The plaintiffs filed a motion for reconsideration with a motion to expedite, which was denied on May 26. The plaintiffs have since filed an appeal to the Eleventh Circuit.
On April 20, 2020, a nonprofit organization and five voter plaintiffs filed a suit against the Secretary of State of Georgia and the Georgia State Election Board to challenge various provisions of Georgia’s election system. The plaintiffs alleged that the defendants did not take adequate voting safety measures in response to COVID-19, which violated due process and equal protection against the Fourteenth Amendment. The plaintiffs brought this lawsuit as a declaratory action under 28 U.S.C. § § 2201-02 and as an injunctive action under 42 U.S.C. § 1983, and sought an order requiring the defendants to postpone the June elections by three weeks, replace hand-marked paper ballots to a touchscreen, allow curbside voting, and to require safer conditions for election workers among other proposed remedies. The plaintiffs also sought attorneys fees and were represented by private attorneys. The case was filed in the U.S. District Court for the Northern District of Georgia, and assigned to Judge Timothy C. Batten. The plaintiffs also filed a motion for a preliminary injunction on April 26.
On May 11, the plaintiffs submitted a temporary restraining order (TRO), arguing that waiting until the May 14 hearing, with the election scheduled for June 9, would cause irreparable harm. The same day, the defendants submitted a motion to dismiss the complaint. The defendants argued that the plaintiffs lacked standing and were barred by the Eleventh Amendment. The next day, the plaintiffs were ordered to respond to the defendants’ motion and to address the recent holding by the Eleventh Circuit in a separate case in Florida,
Jacobson v Florida Secretary of State. The Jacobson case considered whether voters and organizations had the standing to challenge Florida law that governed the order in which candidates appeared on the general election ballot. The Eleventh Circuit reversed the district court ruling to enjoin the state of Florida from preparing the ballots, as the plaintiffs failed to prove injury in fact, and because the district court lacked authority to enjoin the state. On May 13, the plaintiffs responded to the motion to dismiss, arguing that the Jacobson ruling did not have an adverse impact on establishing standing against the defendants.
On May 14, the court granted the defendant’s motion to dismiss and denied the plaintiffs’ preliminary injunction and TRO. 2020 WL 2509092. The court found that the plaintiffs’ claims presented a non-justiciable political question, and sought extensive relief on the eve of an election. In response, the plaintiffs filed a motion for reconsideration with a motion to expedite on May 19. The next day, the defendants filed an opposition to the reconsideration. On May 26, the court denied the reconsideration motion, and the motion to expedite was deemed moot.
On June 26, the plaintiffs appealed to the Eleventh Circuit. The case is ongoing.
Averyn Lee - 08/16/2020
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