Election Law @ Moritz

Election Law Litigation

Lake v. Perdue

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(page last updated October 17, 2007 at 1:47 PM)

Case Information

All Courts: Superior Court of Fulton County, State of Georgia (Case 2006-CV-119207); Supreme Court of Georgia (Case S07A0525)
Topic(s): Voter ID
State: Georgia
Date Filed: July 3, 2006
Date Ended: July 27, 2006

Issue: Whether the 2006 amendment to O.C.G.A. ยง21-2-417 ("the 2006 Photo ID Act") imposes an unauthorized condition and qualification on the fundamental right of registered Georgia voters to vote and does therefore violate Article II, Section I, Paragraph II of the Georgia Constitution.

Status: Appellant Brief filed 1/8/07; Appellee Brief filed 1/29/07; Response Brief filed 2/28/07; Oral Argument scheduled for 3/12/07. Trail court decision decision vacated by Georgia Supreme court, 6/11/07. Remanded with direction to dismiss. Motion for reconsideration filed, 6/21/07.


On July 3, 2006, two individual voters filed suit against the Governor of Georgia. The Complaint alleged that Act 53, a statute requiring Georgia voters to present certain forms of photo ID before voting in person, violated Article II of the Georgia constitution. Together with the Complaint, the Plaintiffs filed a Motion for Temporary Restraining Order that would prevent Georgia from using Act 53's procedures in its July 18 elections. Four days later, the Trial Court granted a Preliminary Injunction against the use of Act 53's procedures; the granting of this Preliminary Injunction was based on the fact that Act 53 "violates the Constitution by placing a restrictive condition on the right to vote." Preliminary Injunction at 3. The Supreme Court of Georgia refused to stay the Trial Court's Injunction, and the election went forward under the prior procedures without incident. [Read Detailed Summary]

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