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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Martin v. Secretary of State of Georgia

Case Information

Date Filed: October 15, 2018
State: Georgia
Issue: Absentee Ballots
Current Court: U.S District Court Northern District of Georgia (Case 1:18-cv-04776)

Issue:

Whether Georgia gave vote-by-mail voters a reasonable opportunity to cure rejected applications for mail ballots consistent with the Due Process Clause; whether Georgia treated vote-by-mail voters differently than in-person voters in violation of the Equal Protection Clause

Status:

Complaint filed 10/15/18. Temporary Restraining Order granted filed 10/15/18. Motion to Intervene filed 11/11/18. Order granting Motion to Intervene filed 11/1/18. Motion for Temporary Restraining Order filed 11/12/18. Motion to Intervene Granted 11/13/18. Motion for Reconsideration filed 11/15/18, denied 11/15/18. Name changed to Martin v. Secretary of State of Georgia filed 12/10/18. Case in the court of appeals closed 1/4/19. Comes Now Defendant, Brad Raffensperger, in his official capacity as Secretary of State for the State of Georgia and moves to have the docket in this matter corrected to reflect the correct Defendant name filed 2/27/29. Civil case terminated filed 4/17/19. Motion for attorney fees granted in part and Plaintiff awarded $51,013.28 (7/23/19).

 

District Court Documents

  • Complaint pdf file (10/15/18)
  • Plaintiff's Motion for Preliminary Injunction pdf file (10/19/18)
  • First Amended Complaint pdf file (10/22/18)
  • Brief in Support of Preliminary Injunction pdf file (10/15/18)
  • Objection to Form of Proposed Injunction pdf file (10/25/18)
  • Brian Kemp' Objections to Form of Proposed Injunction pdf file (10/25/18)
  • Temporary Restraining Order pdf file (10/25/18)
  • Kemp's Emergency Motion for Stay pdf file (10/25/18)
  • Brief in Response to Emergency Motion to Stay pdf file (10/29/18)
  • State Defendant's Response to Motion for Preliminary Injunction pdf file (10/29/18)
  • Defendants' Response in Opposition to Amended Motion pdf file (10/29/18)
  • Order Denying Motion to Stay pdf file (10/30/18)
  • Reply Memomrandum in Support of Amended Motion pdf file (10/31/18)
  • Order Denying Amended Motion for Preliminary Injunction pdf file (11/2/18)
  • Intervenor Complaint pdf file (11/2/18)
  • Plaintiffs' Emergency Motion for Temporary Resstraining Order pdf file (11/11/18)
  • Plaintiffs' Amended Emergency Motion pdf file (11/11/18)
  • Motion to Intervene as Plaintiff pdf file (11/11/18)
  • Response in Opposition to Plaintiffs' Latest Amended Emergency Motion pdf file (11/12/18)
  • Scretary of State's Response to Proposed Plaintiff Intervenor's Motion pdf file (11/12/18)
  • Second Amended Complaint pdf file (11/12/18)
  • Motion for Temporary Restraining Order pdf file (11/12/18)
  • Order Granting Motion to Intervene pdf file (11/13/18)
  • Emergency Complaint for Injunctive and Declaratory Relief pdf file (11/13/18)
  • Motion for Reconsideration pdf file (11/15/18)
  • Responses in Opposition to Emergency Motion for Reconsideration pdf file (11/15/18)
  • Order Denying Motion for Reconsideration pdf file (11/15/18)
  • Second Amended Complaint pdf file (12/3/18)
  • Answer to Amended Complaint pdf file (12/13/18)
  • Defendants' Answer pdf file (12/17/18)
  • Joint Preliminary Report and Discovery Plan pdf file (1/15/19)
  • Notice of Substitution of Defendant pdf file (2/27/19)
  • Consent Motion for Stay of Discovery pdf file (2/28/19)
  • Joint Stipulation of Dismissal pdf file (4/16/19)
  • Plaintiffs' Notice of and Special Motion for Award of Attorneys' Fees pdf file (5/8/19)
  • Defendants' Opposition to Plaintiffs' Special Motion for an Award pdf file (5/22/19)
  • State Defendants' Initial Brief in Ipposition to Plaintiffs' Motion for Fees pdf file (5/22/19)
  • Plaintiffs' Supplementeal Brief in Support of Special Motion for an Award of Attorneys' Fees and Expenses pdf file (6/7/19)
  • Response and Objections to Plaintiffs' Supplemental Brief in Support of Fees pdf file (6/28/19)
  • Response to Brief in Support pdf file (6/28/19)
  • Reply Brief in Support of Special Motion pdf file (7/5/19)
  • Order Granting in Part Motion for Attorney Fees and Awarding Plaintiff pdf file (7/23/19)
  • Court of Appeals for The Eleventh Circuit

    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...