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Last Updated: September 9, 2020 at 9:31 PM

Black Votes Matter Fund v. Raffensperger

Case Information

Date Filed: April 8, 2020
State: Georgia
Issue: Absentee Ballots
Current Court: U.S. District Court District for the Northern District of Georgia (Case 1:20-cv-01489)

Issue:

Whether the requirement of paid postage for absentee voting constitutes the establishment of a poll tax and thus violates constitutionally-protected voting rights

Status:

Order and Opinion 8/11/20. Plaintiffs' Unopposed Motion to File Second Amended Complaint 8/24/20.

U.S. District Court Documents

(4/8/20)

Motion For Preliminary Injunction With Brief In Support By Plaintiffs

(4/8/20)

Brief In Support

(4/8/20)

Exhibit A (Albright Decl.)

(4/8/20)

Exhibit B (Absentee Ballot Application)

(4/8/20)

Exhibit C (Absentee Voting Guide)

(4/8/20)

Exhibit D (Gordon Decl.)

(4/8/20)

Exhibit E (News Article re Poll Worker Shortage)

(4/8/20)

Exhibit F (Governor's Emergency Order)

(4/8/20)

Exhibit G (News Article re President's Death Toll Estimate)

(4/8/20)

Exhibit H (Ga. Dept. Of Health Stats)

(4/8/20)

Exhibit I (NDGa Order)

(4/8/20)

11 Exhibit J (News Article re Prior Death Toll)

(4/8/20)

Exhibit K (Mich. Gov. Emergency Order)

(4/8/20)

Supplemental Brief re: New Election Dates re 2 Motion For Preliminary Injunction By Plaintiffs

(4/9/20)

Order re 2 Plaintiffs' Motion For Preliminary Injunction, Defendants Are Directed To File A Response To The Motion No Later Than Friday, April 17

(4/10/20)

Affidavit re 2 Motion For Preliminary Injunction

(4/17/20)

Response In Opposition re 2 MOTION For Preliminary Injunction Filed By Brad Raffensperger

(4/20/20)

Exhibit A - Affidavit Of Kevin Rayburn

(4/20/20)

Exhibit B - State Election Board Rule

(4/20/20)

Exhibit C - First Executive Order

(4/20/20)

Exhibit D - Second Executive Order

(4/20/20)

Exhibit E - OPB Declaration Of Stephanie Beck

(4/20/20)

Exhibit F - 2016 Election Information

(4/20/20)

Exhibit G - Fair Fight Action, Inc. Decision

(4/20/20)

Exhibit H - LaRose Order

(4/20/20)

Response re Order, Of Secretary Of State Brad Raffensperger Filed By Brad Raffensperger

(4/21/20)

Response re Order,, Response To Order Dated April 21, 2020 Regarding Sample DeKalb County Absentee Ballots

(4/22/20)

Reply Brief re 2 Motion For Preliminary Injunction Filed By Plaintiffs

(4/22/20)

Response re 69 Motion Hearing, Response Of Plaintiff Black Voters Matter Fund To Court's Inquiry Filed By Black Voters Matter Fund

(4/28/20)

Exhibit O - Supp. Decl. Of Cliff Albright

(4/28/20)

RESPONSE re 74 Notice (Other) to Plaintiffs' Supplemental Letter filed by Brad Raffensperger

(4/29/20)

Motion To Dismiss With Brief In Support By DeKalb County Board Of Registration & Elections

(4/30/20)

Order Denying In Part Plaintiffs' 2 Motion For Preliminary Injunction As To The June 2020 Primary Election Only And Reserving Ruling on Plaintiffs' Motion As To The August 2020 Runoff And November 2020 General Elections

(4/30/20)

Response In Opposition re 67 Motion To Dismiss Plaintiffs' Complaint Filed By Plaintiffs

(5/1/20)

Reply Brief re 67 Motion To Dismiss Plaintiffs' Complaint Filed By Brad Raffensperger

(5/6/20)

Amended Complaint Against All Defendants

(5/11/20)

Motion To Dismiss Plainitffs' Amended Complaint By Brad Raffensperger

(5/12/20)

Response In Opposition re 90 Motion To Dismiss Plainitffs' Amended Complaint Filed By Plainitffs

(5/12/20)

Emergency Motion For Temporary Restraining Order

(5/12/20)

Exhibit #1 Redline

(5/13/20)

Response re 93 Emergency Motion For Temporary Restraining Order

(5/14/20)

Response In Opposition re 93 Emergency Motion For Temporary Restraining Order

(5/14/20)

Exhibit "1" Declaration Of Gabriel Sterling

(5/14/20)

Reply Brief re 93 Emergency Motion For Temporary Restraining Order

(5/14/20)

Response Exhibit A - Intended To Be Attached To Reply Brief Filed By Black Voters Matter Fund

(5/14/20)

Supplemental Reply Brief re 93 Emergency Motion For Temporary Restraining Order

(5/14/20)

# 1 Exhibit A - Docket Sheet

(5/14/20)

Order Denying 93 Motion For TRO

(5/15/20)

Response In Opposition re Motion To Dismiss For Failure To State A Claim Filed By Black Voters Matter Fund

(5/26/20)

Stipulation Of Dismissal Pursuant To Rule 41(a)(1)(A)(ii) By Andy Kim

(5/26/20)

Motion To Certify Class With Brief In Support By Black Voters Matter Fund

(5/31/20)

# 1 Brief In Support Of Motion For Class Certification

(5/31/20)

Exhibit A - Number Of Registered Voters

(5/31/20)

Exhibit B - Young Decl.

(5/31/20)

Exhibit C - Lakin Decl.

(5/31/20)

Exhibit D - Ho Decl.

(5/31/20)

Exhibit E - CDC High-Risk Factors

(5/31/20)

Reply Brief re 104 Motion To Dismiss For Failure To State A Claim Filed By DeKalb County Board Of Registration & Elections

(6/1/20)

Motion For Leave To File Sur-reply re 104 Motion To Dismiss For Failure To State A Claim By Black Voters Matter Fund

(6/3/20)

Exhibit A - Proposed Sur-reply Brief

(6/3/20)

Response In Opposition re 110 Motion To Certify Class Filed By DeKalb County Board Of Registration & Elections

(6/15/20)

Respnose in Opposition re 110 Motion To Certify Class Filed By Brad Raffensperger

(6/15/20)

Exhibit 1 - CDC's Recommendations For Election Polling Locations - March 27, 2020

(6/15/20)

Reply Brief re Motion To Certify Class Filed By Black Voters Matter Fund, Megan Gordon, Penelope Reid

(6/29/20)

Plaintiffs' Supplemental Brief re: Evidence From June 2020 Primary In Support Of Their Motion For Preliminary Injunction By Black Voters Matter Fund, Megan Gordon, Penelope Reid

(6/29/20)

Ex. A - Bryant Supp. Decl.

(6/29/20)

Ex. B - Legnon Decl.

(6/29/20)

Ex. C - Junior Decl.

(6/29/20)

Ex. D - Warren Decl.

(6/29/20)

Ex. E - Kendrick Supp. Decl.

(6/29/20)

Ex. F - Smith Decl.

(6/29/20)

Ex. G - Plaintiff Reid Supp. Decl.

(6/29/20)

Ex. H - Bassols Decl.

(6/29/20)

Ex. I - Kuttig Decl.

(6/29/20)

Ex. J - Moore Decl.

(6/29/20)

Ex. K - Burke Supp. Decl.

(6/29/20)

Ex. L - Wise Decl.

(6/29/20)

Ex. M - Waddoups Decl.

(6/29/20)

Ex. N - Jackson Decl.

(6/29/20)

Ex. O - Hudson Decl.

(6/29/20)

Ex. P - Enriquez Decl.

(6/29/20)

Ex. Q - Parikh Decl.

(6/29/20)

Ex. R - Pruitt Decl.

(6/29/20)

Ex. S - Aguillard Decl.

(6/29/20)

Ex. T - Hudson Decl.

(6/29/20)

Ex. U - Kennedy Decl.

(6/29/20)

Ex. V - Kite Supp. Decl.

(6/29/20)

Ex. W - Kirslis Second Supp. Decl.

(6/29/20)

Ex. X - Arkin Decl.

(6/29/20)

Ex. Y - Simmons Decl.

(6/29/20)

Ex. Z - Robinson Supp. Decl.

(6/29/20)

Ex. AA - Wright Decl.

(6/29/20)

Ex. AB - Lewis Decl.

(6/29/20)

Ex. AC - Thomas Decl.

(6/29/20)

(6/29/20)

(6/29/20)

(6/29/20)

(6/29/20)

(6/29/20)

Ex. AI - Dr. Barreto Expert Report

(6/29/20)

Ex. AJ - Revised CDC High-Risk Guidelines

(6/29/20)

Notice Of Supplemental Authority In Support Of Plainitffs' Motion For Preliminary Injunction By Black Voters Matter Fund

(7/9/20)

(7/9/20)

Response In Opposition re Motion For Preliminary Injunction Defendant Secretary Of State Raffensperger's Response In Opposition To Plaintiffs' Supplemental Brief Filed By Brad Raffensperger

(7/14/20)

Reply Brief re Motion For Preliminary Injunction Reply To The Secretary's Response Regarding Pls.' June 30 Supplemental Submission Filed By Black Voters Matter Fund, Megan Gordon, Penelope Reid

(7/22/20)

Motion To Supplement Motion For Preliminary Injunction

(7/22/20)

(7/22/20)

Order and Opinion

(8/11/20)

Plaintiffs' Unopposed Motion to File Second Amended Complaint

(8/24/20)

Order Granting Plaintiffs' Unopposed Motion to File Second Amended Complaint

(8/28/20)

Second Amended Complaint

(8/28/20)

Final Judgment and Order

(8/28/20)

Notice of Appeal to the United States Court of Appeals for the Eleventh Circuit

(9/9/20)

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...

Major Pending Cases

more litigation...

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