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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.

 

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)
  • Court of Appeals for The Eleventh Circuit

    Commentary

    Steven F. Huefner

    The Perils of Voting by Mail

    Steven F. Huefner

    Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

    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...