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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

New Georgia Project v. Raffensperger

Case Information

Date Filed: May 8, 2020
State: Georgia
Issue: Improper Election Administration
Current Court: U.S. District Court for the Northern District of Georgia (Case 1:20-cv-01986-ELR)

Issue:

Due to the issues presented by the coronavirus pandemic, the plaintiffs are challenging four election policies that they argue risk disenfranchising thousands of Georgia voters:

(1) the lack of standards governing the process for notifying voters regarding incomplete absentee ballot applications;

(2) the failure to provide prepaid postage on absentee ballots;

(3) the rejection of absentee ballots received after 7:00 p.m. on Election Day; and

(4) Georgia’s prohibition on third-party assistance for absentee ballots.

 

Status:

Complaint 5/8/2020. Second Amended Complaint 6/3/2020. 

District Court Documents

  • Complaint pdf file (4/13/20)
  • Order Of Recusal. Judge Leigh Martin May Recused pdf file (5/4/20)
  • First Amended Complaint For Injunctive And Declaratory Relief against All Defendants filed by Reagan Jennings, pdf file (5/18/20)
  • 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...