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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz



Democratic Party of Georgia v. Burkes

Case Information

Date Filed: November 8, 2018
State: Georgia
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court Middle District (Case 1:18-cv-00212)


Whether Georgia's late issuance of absentee ballots due to several reasons including Hurricane Michael created a violation of the Georgia Election Code as well as the First and Fourteenth Amendments


Complaint filed 11/8/18. Motion for Preliminary Injunction filed 11/8/18. Consent Order regarding absentee ballots filed 11/9/18. Consent Motion for Entry of Judgement filed 12/11/18. Judgement in favor of plaintiff filed 1/30/18. Case terminated. 

District Court Documents

  • Complaint pdf file (11/08/18)
  • Plaintiff's Motion for Preliminary Injunction pdf file (11/08/18)
  • Order Setting Hearing pdf file (11/09/18)
  • Consent Order pdf file (11/09/18)
  • Consent Motion for Entry of Judgement pdf file (12/11/18)
  • Order Granting Motion to Approve Consent Judgement pdf file (1/30/19)
  • Judgement in Favor of Plaintiff pdf file (1/30/19)
  • 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

    U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

    Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

    more info & analysis...