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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fair Fight Action v. Raffensperger

Case Information

Date Filed: November 27, 2018
State: Georgia
Issue: Voter Supression
Current Court: U.S. District Court for the Northern District of Georgia (Case 1:18-cv-05391)

Issue:

Whether the Secretary of State's office and the state election board systematically blocked minority voters from the polls in the Nov. 6th election. 

Status:

Complaint filed 11/27/18. Motion to Dismiss filed 1/28/19. Submission of Motion to Dismiss District Judge Steve c. Jones filed 2/26/2019. The Court will hold a hearing on Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint on April 29, 2019 at 2:00 p.m. Motion to Dismiss is Deemed Moot 4/8/19.  Renewed Motion to Dismiss Amended Complaint is Granted 5/30/19. Answer to Amended Complaint 6/13/19. Motion to Open Discovery 6/13/19. Order Granting in part and Denying in part Motion to Open Discovery 6/28/19. Amended Scheduling Order: Close of Fact Discovery 11/15/19; Close of Expert Discovery 12/16/19, 7/11/19. Stipulated Protective Order 7/15/19. Motion for temporary restraining order 12/16/19. Order denying motion for temporary restraining order 12/26/19. Order regarding remaining discovery dispute 12/23/19. Order denying plaintiff's motion for preliminary injunction 12/23/19.

 

District Court Documents

  • Complaint pdf file (11/27/18)
  • Motion To Dismiss pdf file (1/28/19)
  • Response To Motion To Dismiss pdf file (2/11/19)
  • Supplemental Certificate Of Interested Persons pdf file (2/19/19)
  • Amended Complaint For Declaratory And Injunctive Relief pdf file (2/19/19)
  • Joint Preliminary Report And Discovery Plan pdf file (2/27/19)
  • Plaintiffs' Initial Disclosures pdf file (2/27/19)
  • State Defendants' Renewed Motion To Dismiss pdf file (3/5/19)
  • Response To Defendants' Renewed Motion To Dismiss pdf file (3/19/19)
  • Defendants' Reply In Support Of Renewed Motion To Dissmiss pdf file (4/2/19)
  • Order: Motion To Dismiss Is Deemed Moot pdf file (4/8/19)
  • Defendants' Motion To Postpone And Order Briefing pdf file (4/19/19)
  • Supplement To Defendants' Motion To Postpone pdf file (4/22/19)
  • Response In Support Of Motion To Dismiss Renewed Motion To Dismiss pdf file (5/6/19)
  • Response In Opposition Of Motion To Dismiss pdf file (5/6/19)
  • Order: Renewed Motion To Dimiss Amended Complaint Is Granted pdf file (5/30/19)
  • Answer To Amended Complaint pdf file (6/13/19)
  • Motion To Open Discovery pdf file (6/13/19)
  • Response In Opposition To Motion To Open Discovery pdf file (6/25/19)
  • Plaintiffs' Reply In Support Of Motion pdf file (6/28/19)
  • Order pdf file (6/28/19)
  • Amended Scheduling Order pdf file (7/11/19)
  • Discovery Order pdf file (10/9/19)
  • Expert Report Of Brown-Dean pdf file (11/18/19)
  • Order For Defendants To Produce Kansas Cross Checklist pdf file (11/21/19)
  • Order Finding Executive Call Protected By Attorney-Client Privilege pdf file (12/4/19)
  • Order Finding Governor Kemp To Be Subject To Deposition pdf file (12/5/19)
  • Motion For Temporary Restraining Order By Bacaton Missionary Baptist Church pdf file (12/16/19)
  • Order Denying Motion For Temporary Restraining Order pdf file (12/16/19)
  • Expert Report Of Stephen C. Graves pdf file (12/16/19)
  • Expert Report Of Kevin J Kennedy pdf file (12/16/19)
  • Expert Report Of Daniel A Smith pdf file (12/16/19)
  • Response In Opposition To Motion For Temporary Restraining Order pdf file (12/17/19)
  • Reply Brief Re Motion For Temporary Restraining Order pdf file (12/18/19)
  • Reply Brief Re Motion for Temporary Restraining Order pdf file (12/18/19)
  • Reply Brief Re Motion for Temporary Restraining Order Exhibit A pdf file (12/18/19)
  • Reply Brief Re Motion for Temporary Restraining Order Exhibit B pdf file (12/18/19)
  • Minute Entry For Proceedings Held Before Judge Steve C. Jones pdf file (12/19/19)
  • Minute Entry For Proceedings Held Before Judge Steve C. Jones pdf file (12/23/19)
  • Reply Brief Re 159 Motion For Temporary Restraining Order And Preliminary Injunction pdf file (12/23/19)
  • Order Re 182 Remaining Discovery Dispute Issue pdf file (12/23/19)
  • Order Denying Plaintiffs' Motion For Preliminary Injunction pdf file (12/23/19)
  • Expert Report Of Michael P. McDonald By Baconton Missionary Baptist Church, Inc pdf file (1/8/20)
  • Expert Report Of Sean P. Trende By Brad Raffensperger pdf file (1/15/20)
  • Response Re 194 Order, Of The Court's January 9, 2020 Order On Discovery By Brad Raffensperger pdf file (1/16/20)
  • Response Re 194 Order, Of The Court's January 9, 2020 Order On Discovery pdf file (1/16/20)
  • Response Re 197 Response (Non-Motion), Supplemental Status Update Filed By Baconton Missionary Baptist Church, Inc, pdf file (1/17/20)
  • Defendants’ Limited Response To Plaintiffs’ “Supplemental Status Update” [Doc. 198] pdf file (1/17/20)
  • Exhibit A pdf file (1/17/20)
  • Response Of Plaintiffs’ Expert Stephen C. Graves To Expert Report Of Defendants’ Expert Sean P. Trende pdf file (1/31/20)
  • Expert Report Of Thomas L. Brunell, Ph.D. pdf file (2/3/20)
  • Plaintiffs’ Motion For Leave To Conduct A Rule 30(b)(6) Deposition pdf file (2/4/20)
  • Defendants’ Response In Opposition To Plaintiffs’ Request For A Third 30(b)(6) Deposition Of Defendant Secretary Of State pdf file (2/10/20)
  • Exhibit 1 pdf file (2/10/20)
  • Exhibit 2 pdf file (2/10/20)
  • Expert Report Of Kenneth R. Mayer pdf file (2/18/20)
  • Expert Report Of Michael P. McDonald pdf file (2/18/20)
  • Expert Report Of J. Alex Halderman pdf file (2/18/20)
  • Supplement To The Expert Report Of J. Alex Halderman pdf file (2/19/20)
  • Expert Rebuttal Report Of Daniel A. Smith pdf file (3/4/20)
  • Expert Report Of Thomas L. Brunnel pdf file (3/24/20)
  • Expert Rebuttal Report Of Janet R. Thornton pdf file (3/24/20)
  • Order: Plaintiffs' 262 Motion To Compel Is Denied pdf file (4/1/20)
  • Reply Re 284 Response To 272 Order pdf file (4/3/20)
  • Expert Report Of Thomas L. Brunell pdf file (4/3/20)
  • Expert Report Of Michael P. McDonald pdf file (4/8/20)
  • Exhibit A pdf file (4/8/20)
  • Expert Report Of Michael C. Herron pdf file (4/9/20)
  • Expert Report Of Dr. Peyton McCrary pdf file (4/24/20)
  • Exhibit 1 pdf file (4/24/20)
  • Expert Report Of Janet R. Thornton pdf file (4/30/20)
  • Motion To Exclude Testimony Of Dr. Stephen C. Graves by Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/26/20)
  • Exhibit 1 - Dr. Graves Deposition Transcript pdf file (6/26/20)
  • Motion To Exclude Testimony Of Dr. Alex Halderman With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/27/20)
  • Exhibit A - Transcript Of A. Halderman Deposition pdf file (6/27/20)
  • Motion To Exclude Testimony Of Dr. Michael McDonald With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/27/20)
  • Exhibit A - Transcript Of M. McDonald Deposition) pdf file (6/27/20)
  • Motion To Exclude Testimony Of Kevin Kennedy With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/28/20)
  • Exhibit 1 Part 1 - Kennedy Deposition Transcript pdf file (6/28/20)
  • Exhibit 1 Part 2 - Kennedy Deposition Transcript pdf file (6/28/20)
  • Exhibit 1 Part 3 - Kennedy Deposition Transcript pdf file (6/28/20)
  • Motion To Exclude Testimony Of Peyton McCrary With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/28/20)
  • Exhibit A - Transcript Of P. McCrary Deposition pdf file (6/28/20)
  • Motion To Exclude Testimony Of Dr. Daniel A. Smith With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/28/20)
  • Exhibit A - Transcript Of Deposition Of D. Smith pdf file (6/28/20)
  • Motion to Exclude Testimony Of Dr. Michael C. Herron With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/28/20)
  • Exhibit 1 - Dr. Herron Deposition Transcript pdf file (6/28/20)
  • Order re Outstanding Issues Concerning Defendants' Privilege Log, Which Contains Approximately 48,000 Entries pdf file (6/29/20)
  • Motion To Exclude The Expert Testimony Of Sean Trende With Brief In Support By Baconton Missionary Baptist Church, Inc, Care In Action, Care In Action, Inc, Ebenezer Baptist Church Of Atlanta, Georgia, Inc., Fair Fight Action, Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc. pdf file (6/29/20)
  • Brief Plaintiffs' Memorandum Of Law In Support Of Motion To Exclude Sean Trended pdf file (6/29/20)
  • Exhibit 1 To Memorandum Deposition Of Sean Trende pdf file (6/29/20)
  • Exhibit 2 To Memorandum Deposition Excerpts Of Stephen Graves, Ph.D. pdf file (6/29/20)
  • Motion To Exclude The Expert Testimony Of Professor Thomas Brunell With Brief In Support By Baconton Missionary Baptist Church, Inc, Care In Action, Inc, Ebenezer Baptist Church Of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc. pdf file (6/29/20)
  • Plaintiffs' Memorandum Of Law In Support Of Motion To Exclude Professor Thomas Brunell pdf file (6/29/20)
  • Exhibit 1 - Deposition Of Thomas Brunell, Ph.D. pdf file (6/29/20)
  • Exhibit 2 - Deposition Excerpts of Daniel Smith, Ph.D. pdf file (6/29/20)
  • Motion To Exclude The Expert Testimony Of Dr. Janet R. Thornton With Brief In Support By Baconton Missionary Baptist Church, Inc, Care In Action, Inc, Ebenezer Baptist Church Of Atlanta, Georgia, Inc., Fair Fight Action, Inc, The Sixth Episcopal District, Inc., Virginia-Highland Church, Inc. pdf file (6/29/20)
  • # 1 Plaintiffs' Memorandum Of Law In Support Of Motion To Exclude Dr. Janet R. Thornton pdf file (6/29/20)
  • # 2 Exhibit 1 - Deposition Of Janet Thornton, Ph.D. pdf file (6/29/20)
  • Motion For Summary Judgment With Brief In Support By Seth Harp, Brad Raffensperger, State Election Board, Rebecca N. Sullivan, David J. Worley pdf file (6/29/20)
  • Brief In Support Of Motion For Summary Judgment pdf file (6/29/20)

    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...