{"id":1230,"date":"2021-08-30T03:09:38","date_gmt":"2021-08-30T03:09:38","guid":{"rendered":"https:\/\/archive.amarkfoundation.org\/the2020election\/?page_id=1230"},"modified":"2022-06-24T10:13:43","modified_gmt":"2022-06-24T10:13:43","slug":"voting-related-litigation-georgia","status":"publish","type":"page","link":"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-georgia\/","title":{"rendered":"Voting-related Litigation: Georgia"},"content":{"rendered":"

1. In Re: Enforcement of Election Laws and Securing Ballots Cast or Received After 7:00 P.M. on November 3, 2020<\/strong><\/span><\/h3>\n

(Filed November 4, 2020, SPCV20-00982<\/a>; Dismissed<\/em><\/span>\u00a0November 5, 2020,<\/em> SPCV20-00982<\/em><\/a>)<\/em><\/p>\n

Georgia Superior Court: In Re: Enforcement of Election Laws and Securing Ballots Cast or Received After 7:00 P.M. on November 3, 2020<\/a>,<\/em> was filed\u00a0in Georgia Superior Court, Chatham County, on November 4, 2020. The petitioners, the Georgia Republican Party and Donald J. Trump for President, Inc., petitioned the court to command the County and Board of Elections to specially store all ballots received after 7:00 pm and provide an accounting of those ballots so that they would not be counted. The case was assigned to the Hon. James F. Bass, Jr., a Democratic <\/strong>appointee. On November 5, 2020, after a hearing, the court dismissed<\/a> the petition because there was no evidence of ballots received after 7:00 pm on November 3 and no evidence that local election officials failed to comply with any laws.<\/p>\n

Issues:<\/strong> Vote-by-mail (deadline for absentee ballot counting)<\/p>\n

Outcome:<\/strong> The Petitioners lost.<\/p>\n

 <\/p>\n

\n

2. Rebecca Brooks, et al. v. Thomas Mahoney, III, in his official capacity as Chairman of the Chatham County Board of Elections, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed November 11, 2021, <\/em>4:20-cv- 00281<\/i><\/a>; Voluntarily dismissed November 16, 2020, <\/em>4:20-cv-00281<\/i><\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

US District Court: Rebecca Brooks, et al. v. Thomas Mahoney, III, in his official capacity as Chairman of the Chatham County Board of Elections, et al<\/a>.<\/em> was filed in US District Court, Southern District of Georgia, Savannah Division, on November 11, 2021. Plaintiffs claimed that illegal ballots cast in the November 3, 2020, General Election were counted in certain Georgia counties and should be excluded by court order. Plaintiffs also sought to stop the election certification. Plaintiffs dropped the suit on November 16, 2020. The Hon. R. Stan Baker, US District Judge, Southern District of Georgia, a Republican<\/strong> appointee, issued an order on November 16, 2020, that said the case was voluntarily dismissed<\/a> without prejudice.<\/p>\n

Issues:<\/strong> Vote-by-mail (illegal ballots added to results)<\/p>\n<\/div>\n

\n

Outcome: <\/strong>Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\n<\/div>\n

 <\/p>\n

\n

3. L. Lin Wood, Jr., a registered voter in Fulton County v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed November 13, 2020, <\/em>1:20-cv-04651<\/i><\/a>; Cert. denied on restraining order February 22, 2021,\u00a0<\/em>20-799<\/i><\/a>; Dismissed<\/em><\/span>\u00a0February 24, 2021<\/em>, 1:20-cv-04651<\/a>)<\/p>\n<\/div>\n

\n

<\/a>US District Court: L. Lin Wood, Jr., a registered voter in Fulton County v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/a><\/em> was filed in US District Court, Northern District of Georgia, Atlanta Division, on November 13, 2020. An Amended Complaint<\/a> was filed on November 16, 2020. The suit challenged the method for verifying signatures on absentee ballots cast during the November 3, 2020, General Election. On the same day, November 16, 2020, Plaintiff filed an Emergency Motion for Injunctive Relief <\/a>and sought a temporary restraining order to halt the certification process until the issues in Plaintiff\u2019s complaint were resolved. The case was assigned to the Hon. Steven D. Grimberg, a Republican<\/strong> appointee. After a hearing on November 19, 2020, Judge Grimberg denied<\/a> the motion for a temporary restraining order due to Plaintiff\u2019s lack of standing.<\/p>\n<\/div>\n

\n

US Court of Appeals:<\/em> On November 24, 2020, Appellant Wood filed an appeal<\/a>\u00a0in the US Court of Appeals for the Eleventh Circuit, seeking review of Judge Grimberg\u2019s order that denied a temporary restraining order to halt the certification process. The question of whether Wood had standing was reviewed by the Hon. William Pryor and the Hon. Barbara Lagua, both Republican<\/b> appointees, as well as by the Hon. Jill Pryor, a Democratic<\/b> appointee. On December 5, 2020, the Court of Appeals affirmed<\/a> the District Court\u2019s denial of Appellant\u2019s motion for a temporary restraining order.<\/p>\n<\/div>\n

\n

US Supreme Court: <\/em>On\u00a0December 11, 2020, Plaintiff\u00a0filed<\/a> a Petition for Writ of Certiorari in the US Supreme Court. The petition asked the court to review, first, whether Petitioner Wood had standing to challenge the election procedure and, second, whether Petitioner\u2019s constitutional rights had been violated. Although requested by Petitioner, the court refused to expedite consideration of the Petition before the end of Trump\u2019s term. On February 22, 2021, the US Supreme Court denied<\/a>\u00a0the petition.<\/p>\n<\/div>\n

\n

US District Court: L. Lin Wood, Jr., a registered voter in Fulton County v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/em> On February 24, 2021, Judge Grimberg sua sponte<\/em> dismissed<\/a> Plaintiff\u2019s Amended Complaint with prejudice.<\/p>\n

Issues:<\/strong> Vote-by-mail (improper handling of absentee ballots); Election procedure (unauthorized changes)<\/p>\n<\/div>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

\n

4. Coreco Ja\u2019Qan Pearson, voter, et al. v. Governor Brian Kemp, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed November 25, 2020, <\/em>1:20-cv-04809<\/i><\/a>; <\/em>Dismissed<\/i>\u00a0December 7, 2020, 20-816<\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

US District Court<\/em><\/a>: Coreco Ja\u2019Qan Pearson, voter, et al. v. Governor Brian Kemp, et al.<\/a><\/em> was filed in US District Court, Northern District of Georgia, Atlanta Division, on November 25, 2020. The complaint alleged election fraud using voting machines for “ballot-stuffing,” mishandling of absentee ballots,\u00a0and other improprieties related to the November 3, 2020, General Election. The case was assigned to the Hon. Timothy C. Batten, Sr., a Republican <\/strong>appointee. On November 27, 2020, Plaintiffs filed an Emergency Petition<\/a> for a Temporary Restraining Order which requested that all voting machines and their electronic data be preserved in ten Georgia counties. On November 29, 2020, Judge Batten granted<\/a> the TRO but for only three counties.<\/p>\n<\/div>\n

\n

US Court of Appeals: <\/em>Appellants filed<\/a> an appeal of Judge Batten\u2019s order of November 29, 2020, in the US Court of Appeals for the Eleventh Circuit on December 1, 2020. Appellants sought preservation of electronic voting machine data from 10 Georgia counties, rather than only three. The appeal was assigned to the Hon. Charles Wilson, a Democratic<\/b> appointee, the Hon. Robin Rosenbaum, a Democratic <\/b>appointee, and the Hon. Andrew Brasher, a Republican<\/b> appointee. On December 4, 2020, Appellants\u2019 appeal<\/a> was denied for lack of jurisdiction, the court finding that the order of November 29, 2020, was not a final, appealable order.<\/p>\n<\/div>\n

\n

US District Court: <\/em>On December 7, 2020, after an evidentiary hearing, Judge Batten granted<\/a> Defendants\u2019 Motion to Dismiss Plaintiffs\u2019 Complaint and dissolved the TRO.<\/p>\n<\/div>\n

\n

US Supreme Court:<\/em> On December 11, 2020, Petitioners filed an Emergency Petition<\/a> for an Extraordinary Writ of Mandamus which sought to de-certify the General Election of November 3, 2020, or to order Judge Batten to vacate his dismissal order of December 7, 2020. By its order of January 11, 2021, the Supreme Court refused to expedite consideration of the Petition. Prior to the Supreme Court ruling on the Petition, Petitioners dropped it. On January 19, 2021, Petitioners dismissed<\/a> their Petition by stipulation.<\/p>\n

Issues:<\/strong> Voting machines (fraud); Ballot counting (no observers); Vote-by-mail (improper signature verification)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n<\/div>\n

5. John Wood v. Brad Raffensperger, et al.<\/strong><\/h3>\n

(Filed November 25, 2020, 2020 CV 342959<\/a>; Dismissed December 8, 2020, 2020 CV 342959<\/a>)<\/em><\/p>\n

Superior Court of Fulton County<\/em>: John Wood v. Brad Raffensperger, et al.<\/em><\/a> was filed in Superior Court for Fulton County on November 25, 2020. Plaintiff claimed the November 3, 2020, General Election violated the state election code and constitution because illegal votes were purportedly counted, and some counties received private donations to defray the cost of the election. Plaintiff sought a declaration that the election null and void on various constitutional grounds, an injunction from certification, and a new presidential election. The case was assigned to the Honorable Judge Jane Barwick (political party not found<\/strong>).<\/p>\n

On December 8, 2020, the case was dismissed<\/a> because Georgia law prohibited naming the governor or secretary of state as the defendants in an election contest. The dismissal stated, “To the extent that Petitioner seeks equitable relief against the State Defendants, those claims are barred by sovereign immunity.” According to the ruling, the law allows four categories of defendants in election contests: the person whose nomination or election is contested, the person whose eligibility to run is contested, the election superintendent(s), and the public officer who formally declared the vote totals.<\/p>\n

Issues:<\/strong> Election procedure (laws violated); Fraud (private money was used to commit fraud); Vote-by-mail (illegal ballots added to results)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

\n

6. Paul Andrew Boland v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed November 30, 2020, 2020CV343018<\/a>; Dismissed December 8, 2020, 2020CV343018<\/a>; Appeal denied December 14, 2020, S21M0565<\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

Georgia Superior Court: Paul Andrew Boland v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/a><\/em> was filed in Superior Court of Fulton County, State of Georgia, on November 30, 2020, challenging the November 3, 2020, General Election. Plaintiff alleged that absentee ballots were cast by people who were no longer residents of Georgia and requested an investigation. The case was assigned to Judge Emily K. Richardson, a Democratic<\/strong>\u00a0appointee. On December 8, 2020, Judge Richardson, after a hearing, granted Defendants\u2019 motions and dismissed<\/a> the case on the basis of laches, failure to state a claim and improperly naming certain defendants.<\/p>\n<\/div>\n

\n

Supreme Court of Georgia:<\/em> Appellant Boland\u00a0filed<\/a>\u00a0an appeal in the Supreme Court of Georgia on December 14, 2020, seeking emergency review of Judge Richardson\u2019s order of December 8, 2020. Alternatively, Appellant sought a Writ of Certiorari regarding the same order. The Georgia Supreme Court denied<\/a> Plaintiff\u2019s request for emergency review on December 14, 2020. Plaintiff withdrew<\/a> his petition for further relief on January 7, 2021.<\/p>\n

Issues:<\/strong> Vote-by-mail (improper signature verification, illegal ballots added to results)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n<\/div>\n

\n

7. Donald J. Trump, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed December 4, 2020, 2020CV343255<\/a>; Voluntarily dismissed January 7, 2021, 2020CV343255<\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

Georgia Superior Court: Donald J. Trump, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/a> <\/em>was filed in Georgia Superior Court, Fulton County, on December 4, 2020, to challenge the November 3, 2020, General Election over purported fraud, misconduct, and voting irregularities, and sought nullification of the presidential election and an order for a new election. In addition to filing their Petition to Contest Election Results, Plaintiffs requested an emergency injunction to enjoin certification of the presidential election. The case was assigned to the Hon. Adele P. Grubbs, a Republican <\/strong>appointee. On December 8, 2020, Plaintiffs withdrew their motion for an emergency injunction. Judge Grubbs entered a case status order<\/a> on December 9, 2020, which said the case was to proceed in the usual course.<\/p>\n<\/div>\n

\n

Georgia Supreme Court:\u00a0<\/i>Plaintiff\u00a0filed an Emergency Petition for Writ of Certiorari in the Supreme Court of Georgia on December 11, 2020, seeking to both decertify the election and nullify Judge Grubbs\u2019 order of December 9, 2020, claiming she did not have authority to rule in an election case under the Election Code. The Supreme Court of Georgia dismissed<\/a> Petitioners\u2019 request for emergency relief on December 11, 2020, because the court did not have jurisdiction to review an order that was not final.<\/p>\n<\/div>\n

\n

Georgia Superior Court: <\/em>On January 7, 2021, Plaintiffs dropped their lawsuit and filed<\/a> a voluntary dismissal.<\/p>\n<\/div>\n

\n

Georgia Supreme Court: <\/i>The court returned the case to the Georgia Superior Court by order of January 27, 2021.<\/p>\n<\/div>\n

\n

Georgia Superior Court: <\/em>On February 22, 2021, several Defendants filed Motions for Attorneys\u2019 Fees. On June 16<\/a> and June 21, 2021<\/a>, the moving Defendants notified the Court that they either received full payment of attorneys\u2019 fees from Plaintiffs or settled with Plaintiffs out-of-court.<\/p>\n

Issues:<\/strong> Election procedure (laws violated); Illegal voters (felons, underage, unregistered); Vote-by-mail (dead and out-of-state voters)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\n<\/div>\n

 <\/p>\n

\n

8. The Twelfth Congressional District Republican Committee, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed December 9, 2020, 1:20-CV-00180;<\/a> Dismissed with prejudice December 17, 2020, 1:20-CV-00180<\/a>; Appeal voluntarily dismissed March 31, 2021, 21-10183<\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

US District Court: The Twelfth Congressional District Republican Committee, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/a><\/em> was filed in US District Court, Southern District of Georgia, Augusta Division, on December 9, 2020, to challenge the November 3, 2020, General Election over purported voting irregularities with absentee ballots, and seeking a temporary restraining order and preliminary injunction. The case was decided by the Hon. J. Randal Hall, a Republican<\/strong> appointee. Several Defendants filed motions to dismiss which were granted, after a hearing. On December 17, 2020, Plaintiff\u2019s Complaint was dismissed<\/a> with prejudice for lack of standing.<\/p>\n<\/div>\n

\n

US Court of Appeals for the Eleventh Circuit: <\/i>Plaintiffs\u00a0filed<\/a>\u00a0an appeal in the US Court of Appeals for the Eleventh Circuit on January 19, 2021, seeking review of Judge Hall\u2019s order of December 17, 2020. The Appellants dropped the appeal by motioning for a voluntary dismissal. The dismissal order<\/a> was entered on March 31, 2021.<\/p>\n

Issues:<\/strong> Vote-by-mail (fraud, drop boxes, improper signature verification)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n<\/div>\n

 <\/p>\n

\n

9. Shawn<\/b> Still, voter and Official Presidential Elector, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/strong><\/span><\/h3>\n<\/div>\n
\n

(Filed December 12, 2020, 2020CV3437-11<\/a>; Voluntarily dismissed January 7, 2021, <\/em>2020CV3437-11<\/i><\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

Georgia Superior Court: Shawn Still, voter and Official Presidential Elector, et al. v. Brad Raffensperger, Secretary of State of Georgia, et al.<\/a><\/em> was filed in Georgia Superior Court, Fulton County, on December 12, 2020, to challenge the November 3, 2020, General Election over purported voting irregularities and to seek declaratory and injunctive relief, including decertification of election results. The case was assigned to the Hon. Christopher Brasher, a Republican<\/strong> appointee. On January 7, 2021, the case was voluntarily dismissed <\/a>without prejudice.<\/p>\n

Issues:<\/strong> Election results (recount procedure, unknown number of Trump voters not allowed to vote)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\n<\/div>\n

 <\/p>\n

\n

10. Garland Favorito, et al. v. Mary Carole Cooney, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed December 23, 2020, <\/em>2020CV343938<\/i><\/a>; Dismissed October 13, 2021, 2020CV343938<\/a><\/em><\/span>)<\/p>\n<\/div>\n

\n

Georgia Superior Court: Garland Favorito, et al. v. Mary Carole Cooney, et al.<\/a><\/em> was filed in Georgia Superior Court, Fulton County, on December 23, 2020, to challenge the November 3, 2020, General Election over purported voting irregularities and to seek declaratory and injunctive relief, including special access to paper and electronic ballots. The case was assigned to the Hon. Brian J. Amero, a Republican<\/strong> appointee. Fulton County had been ordered to turn over scanned copies of the requested absentee ballots. Plaintiffs continued to assert a right to the original ballots. Several defendants filed motions to dismiss. On October 13, 2021, after a hearing, Judge Amero granted the motions and dismissed<\/a> Plaintiffs\u2019 case for lack of standing.<\/p>\n

Issues:<\/strong> Vote-by-mail (fraud)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n<\/div>\n

 <\/p>\n

\n

11. Donald J<\/b>. Trump, et al. v. Governor Brian P. Kemp, et al.<\/strong><\/span><\/h3>\n<\/div>\n
\n

(Filed December 31, 2020, <\/em>1:20-cv-05310<\/a>; Voluntarily dismissed January 7, 2021, <\/em>1:20-cv-05310<\/i><\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

US District Court: Donald J. Trump, et al. v. Governor Brian P. Kemp, et al.<\/a><\/em> was filed in the\u00a0US District Court, Northern District of Georgia, Atlanta Division, on December 31, 2020, seeking decertification of the November 3, 2020, General Election results for purported vote-counting irregularities. The case was assigned to the Hon. Mark H. Cohen, a Democratic<\/strong> appointee. Plaintiffs filed<\/a> a Motion for Preliminary Injunction on January 4, 2021. On January 5, 2021, the Court denied<\/a> the motion. On January 7, 2021, the Plaintiffs dropped the suit and motioned the court for a voluntary dismissal<\/a>.<\/p>\n

Issues:<\/strong> Election procedure (laws violated); Illegal voters (felons, underage, unregistered); Vote-by-mail (dead and out-of-state voters)<\/p>\n<\/div>\n

\n

Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\n<\/div>\n

 <\/p>\n

\n

12. Michael Daugherty, et al. v. Fulton County Registration and Election Board, et al.<\/b><\/span><\/h3>\n<\/div>\n
\n

(Filed January 25, 2021, <\/em><\/span>2021CV344953<\/em><\/a>; Dismissed with prejudice August 2, 2021, 2021CV344953<\/a>)<\/em><\/span><\/p>\n<\/div>\n

\n

Georgia Superior Court: Michael Daugherty, et al. v. Fulton County Registration and Election Board, et al.<\/a>,<\/em> a Petition for Election Contest, was filed in Georgia Superior Court, Fulton County, on January 25, 2021, Plaintiffs claimed that irregularities in the November 3, 2020, election, and the January 5, 2021, US Senate runoff election called for setting aside the runoff elections. Plaintiffs sued state and county officials as well as Senator Ossoff and Senator Warnock. The case was assigned to the Hon. Emily K. Richardson, a Democratic\u00a0<\/strong>appointee. On July 19, 2021, a hearing was held on Defendants\u2019 motions to dismiss. The court granted the motions and dismissed<\/a> Plaintiffs\u2019 case with prejudice on August 2, 2021, because Plaintiffs did not properly serve either Senator Ossoff or Senator Warnock and because of Plaintiffs\u2019 lack of diligence in pursuing their claims.<\/p>\n

Issues:<\/strong> Voting machines (not in good working order); Election procedure (laws violated); Ballot counting (no observers); Vote-by-mail (fraud)<\/p>\n<\/div>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

Back to voting-related litigation<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

1. In Re: Enforcement of Election Laws and Securing Ballots Cast or Received After 7:00 P.M. on November 3, 2020 (Filed November 4, 2020, SPCV20-00982; Dismissed\u00a0November 5, 2020, SPCV20-00982) Georgia Superior Court: In Re: Enforcement of Election Laws and Securing Ballots Cast or Received After 7:00 P.M. on November 3, 2020, was filed\u00a0in Georgia Superior […]<\/p>\n

Read More… from Voting-related Litigation: Georgia<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","footnotes":""},"class_list":["post-1230","page","type-page","status-publish","hentry"],"yoast_head":"\nVoting-related Litigation: Georgia - 2020Election<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-georgia\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Voting-related Litigation: Georgia - 2020Election\" \/>\n<meta property=\"og:description\" content=\"1. 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