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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Black Votes Matter Fund v. Raffensperger

Case Information

Date Filed: April 8, 2020
State: Georgia
Issue: Absentee Ballots
Current Court: U.S. District Court District for the Northern District of Georgia (Case 1:20-cv-01489)

Issue:

Whether the requirement of paid postage for absentee voting constitutes the establishment of a poll tax and thus violates constitutionally-protected voting rights

Status:

Complaint 4/8/20. Motion for Preliminary Injunction 4/8/20. Motion to Dismiss the Complaint 4/23/20. Order Denying in Part the Motion for Preliminary Injunction 4/30/20. Amended Complaint 5/11/20. Motion to Dismiss Amended Complaint 5/12/20. Emergency Motion for TRO 5/12/20. Order Denying Motion for TRO 5/15/20. Motion to Dismiss for Failure to State Claim. 5/18/20. Motion to Certify Class 5/31/20. 

U.S. District For Northerhn District Of Georgia Court Documents

  • Complaint pdf file (4/8/20)
  • Motion For Preliminary Injunction With Brief In Support By Plaintiffs pdf file (4/8/20)
  • Brief In Support pdf file (4/8/20)
  • Exhibit A (Albright Decl.) pdf file (4/8/20)
  • Exhibit B (Absentee Ballot Application) pdf file (4/8/20)
  • Exhibit C (Absentee Voting Guide) pdf file (4/8/20)
  • Exhibit D (Gordon Decl.) pdf file (4/8/20)
  • Exhibit E (News Article re Poll Worker Shortage) pdf file (4/8/20)
  • Exhibit F (Governor's Emergency Order) pdf file (4/8/20)
  • Exhibit G (News Article re President's Death Toll Estimate) pdf file (4/8/20)
  • Exhibit H (Ga. Dept. Of Health Stats) pdf file (4/8/20)
  • Exhibit I (NDGa Order) pdf file (4/8/20)
  • 11 Exhibit J (News Article re Prior Death Toll) pdf file (4/8/20)
  • Exhibit K (Mich. Gov. Emergency Order) pdf file (4/8/20)
  • Supplemental Brief re: New Election Dates re 2 Motion For Preliminary Injunction By Plaintiffs pdf file (4/9/20)
  • Order re 2 Plaintiffs' Motion For Preliminary Injunction, Defendants Are Directed To File A Response To The Motion No Later Than Friday, April 17 pdf file (4/10/20)
  • Affidavit re 2 Motion For Preliminary Injunction pdf file (4/17/20)
  • Response In Opposition re 2 MOTION For Preliminary Injunction Filed By Brad Raffensperger pdf file (4/20/20)
  • Exhibit A - Affidavit Of Kevin Rayburn pdf file (4/20/20)
  • Exhibit B - State Election Board Rule pdf file (4/20/20)
  • Exhibit C - First Executive Order pdf file (4/20/20)
  • Exhibit D - Second Executive Order pdf file (4/20/20)
  • Exhibit E - OPB Declaration Of Stephanie Beck pdf file (4/20/20)
  • Exhibit F - 2016 Election Information pdf file (4/20/20)
  • Exhibit G - Fair Fight Action, Inc. Decision pdf file (4/20/20)
  • Exhibit H - LaRose Order pdf file (4/20/20)
  • Response re Order, Of Secretary Of State Brad Raffensperger Filed By Brad Raffensperger pdf file (4/21/20)
  • Response re Order,, Response To Order Dated April 21, 2020 Regarding Sample DeKalb County Absentee Ballots pdf file (4/22/20)
  • Reply Brief re 2 Motion For Preliminary Injunction Filed By Plaintiffs pdf file (4/22/20)
  • Response re 69 Motion Hearing, Response Of Plaintiff Black Voters Matter Fund To Court's Inquiry Filed By Black Voters Matter Fund pdf file (4/28/20)
  • Exhibit O - Supp. Decl. Of Cliff Albright pdf file (4/28/20)
  • RESPONSE re 74 Notice (Other) to Plaintiffs' Supplemental Letter filed by Brad Raffensperger pdf file (4/29/20)
  • Motion To Dismiss With Brief In Support By DeKalb County Board Of Registration & Elections pdf file (4/30/20)
  • Order Denying In Part Plaintiffs' 2 Motion For Preliminary Injunction As To The June 2020 Primary Election Only And Reserving Ruling on Plaintiffs' Motion As To The August 2020 Runoff And November 2020 General Elections pdf file (4/30/20)
  • Response In Opposition re 67 Motion To Dismiss Plaintiffs' Complaint Filed By Plaintiffs pdf file (5/1/20)
  • Reply Brief re 67 Motion To Dismiss Plaintiffs' Complaint Filed By Brad Raffensperger pdf file (5/6/20)
  • Amended Complaint Against All Defendants pdf file (5/11/20)
  • Motion To Dismiss Plainitffs' Amended Complaint By Brad Raffensperger pdf file (5/12/20)
  • Response In Opposition re 90 Motion To Dismiss Plainitffs' Amended Complaint Filed By Plainitffs pdf file (5/12/20)
  • Emergency Motion For Temporary Restraining Order pdf file (5/12/20)
  • Exhibit #1 Redline pdf file (5/13/20)
  • Response re 93 Emergency Motion For Temporary Restraining Order pdf file (5/14/20)
  • Response In Opposition re 93 Emergency Motion For Temporary Restraining Order pdf file (5/14/20)
  • Exhibit "1" Declaration Of Gabriel Sterling pdf file (5/14/20)
  • Reply Brief re 93 Emergency Motion For Temporary Restraining Order pdf file (5/14/20)
  • Response Exhibit A - Intended To Be Attached To Reply Brief Filed By Black Voters Matter Fund pdf file (5/14/20)
  • Supplemental Reply Brief re 93 Emergency Motion For Temporary Restraining Order pdf file (5/14/20)
  • # 1 Exhibit A - Docket Sheet pdf file (5/14/20)
  • Order Denying 93 Motion For TRO pdf file (5/15/20)
  • Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Black Voters Matter Fund pdf file (5/26/20)
  • Stipulation Of Dismissal Pursuant To Rule 41(a)(1)(A)(ii) By Andy Kim pdf file (5/26/20)
  • Motion To Certify Class With Brief In Support By Black Voters Matter Fund pdf file (5/31/20)
  • # 1 Brief In Support Of Motion For Class Certification pdf file (5/31/20)
  • Exhibit A - Number Of Registered Voters pdf file (5/31/20)
  • Exhibit B - Young Decl. pdf file (5/31/20)
  • Exhibit C - Lakin Decl. pdf file (5/31/20)
  • Exhibit D - Ho Decl. pdf file (5/31/20)
  • Exhibit E - CDC High-Risk Factors pdf file (5/31/20)
  • Reply Brief re 104 Motion To Dismiss For Failure To State A Claim Filed By DeKalb County Board Of Registration & Elections pdf file (6/1/20)
  • Motion For Leave To File Sur-reply re 104 Motion To Dismiss For Failure To State A Claim By Black Voters Matter Fund pdf file (6/3/20)
  • Exhibit A - Proposed Sur-reply Brief pdf file (6/3/20)
  • Response In Opposition re 110 Motion To Certify Class Filed By DeKalb County Board Of Registration & Elections pdf file (6/15/20)
  • Respnose in Opposition re 110 Motion To Certify Class Filed By Brad Raffensperger pdf file (6/15/20)
  • Exhibit 1 - CDC's Recommendations For Election Polling Locations - March 27, 2020 pdf file (6/15/20)
  • Reply Brief re Motion To Certify Class Filed By Black Voters Matter Fund, Megan Gordon, Penelope Reid pdf file (6/29/20)
  • Plaintiffs' Supplemental Brief re: Evidence From June 2020 Primary In Support Of Their Motion For Preliminary Injunction By Black Voters Matter Fund, Megan Gordon, Penelope Reid pdf file (6/29/20)
  • Ex. A - Bryant Supp. Decl. pdf file (6/29/20)
  • Ex. B - Legnon Decl. pdf file (6/29/20)
  • Ex. C - Junior Decl. pdf file (6/29/20)
  • Ex. D - Warren Decl. pdf file (6/29/20)
  • Ex. E - Kendrick Supp. Decl. pdf file (6/29/20)
  • Ex. F - Smith Decl. pdf file (6/29/20)
  • Ex. G - Plaintiff Reid Supp. Decl. pdf file (6/29/20)
  • Ex. H - Bassols Decl. pdf file (6/29/20)
  • Ex. I - Kuttig Decl. pdf file (6/29/20)
  • Ex. J - Moore Decl. pdf file (6/29/20)
  • Ex. K - Burke Supp. Decl. pdf file (6/29/20)
  • Ex. L - Wise Decl. pdf file (6/29/20)
  • Ex. M - Waddoups Decl. pdf file (6/29/20)
  • Ex. N - Jackson Decl. pdf file (6/29/20)
  • Ex. O - Hudson Decl. pdf file (6/29/20)
  • Ex. P - Enriquez Decl. pdf file (6/29/20)
  • Ex. Q - Parikh Decl. pdf file (6/29/20)
  • Ex. R - Pruitt Decl. pdf file (6/29/20)
  • Ex. S - Aguillard Decl. pdf file (6/29/20)
  • Ex. T - Hudson Decl. pdf file (6/29/20)
  • Ex. U - Kennedy Decl. pdf file (6/29/20)
  • Ex. V - Kite Supp. Decl. pdf file (6/29/20)
  • Ex. W - Kirslis Second Supp. Decl. pdf file (6/29/20)
  • Ex. X - Arkin Decl. pdf file (6/29/20)
  • Ex. Y - Simmons Decl. pdf file (6/29/20)
  • Ex. Z - Robinson Supp. Decl. pdf file (6/29/20)
  • Ex. AA - Wright Decl. pdf file (6/29/20)
  • Ex. AB - Lewis Decl. pdf file (6/29/20)
  • Ex. AC - Thomas Decl. pdf file (6/29/20)
  • Ex. AD - Email pdf file (6/29/20)
  • Ex. AE - Email pdf file (6/29/20)
  • Ex. AF - Email pdf file (6/29/20)
  • Ex. AG - Email pdf file (6/29/20)
  • Ex. AH - Email pdf file (6/29/20)
  • Ex. AI - Dr. Barreto Expert Report pdf file (6/29/20)
  • Ex. AJ - Revised CDC High-Risk Guidelines pdf file (6/29/20)
  • Notice Of Supplemental Authority In Support Of Plainitffs' Motion For Preliminary Injunction By Black Voters Matter Fund pdf file (7/9/20)
  • # 1 Exhibit pdf file (7/9/20)
  • Response In Opposition re Motion For Preliminary Injunction Defendant Secretary Of State Raffensperger's Response In Opposition To Plaintiffs' Supplemental Brief Filed By Brad Raffensperger pdf file (7/14/20)
  • Reply Brief re Motion For Preliminary Injunction Reply To The Secretary's Response Regarding Pls.' June 30 Supplemental Submission Filed By Black Voters Matter Fund, Megan Gordon, Penelope Reid pdf file (7/22/20)
  • Motion To Supplement Motion For Preliminary Injunction pdf file (7/22/20)
  • Exhibit A pdf file (7/22/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...

    Major Pending Cases

    more litigation...