Last Updated: October 7, 2019 at 11:14 AM

Martin v. Secretary of State of Georgia

Case Information

Date Filed: October 15, 2018
State: Georgia
Issue: Absentee Ballots
Courts that Heard this Case: 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 (10/15/18)

Plaintiff's Motion for Preliminary Injunction (10/19/18)

• Brief in Support

First Amended Complaint (10/22/18)

Brief in Support of Preliminary Injunction (10/15/18)

Objection to Form of Proposed Injunction (10/25/18)

• Exhibit

Brian Kemp' Objections to Form of Proposed Injunction (10/25/18)

• Supplemental Declaration of Chris Harvey

Temporary Restraining Order (10/25/18)

Kemp's Emergency Motion for Stay (10/25/18)

Brief in Response to Emergency Motion to Stay (10/29/18)

State Defendant's Response to Motion for Preliminary Injunction (10/29/18)

Defendants' Response in Opposition to Amended Motion (10/29/18)

• Exhibit A
• Exhibit B

Order Denying Motion to Stay (10/30/18)

Reply Memomrandum in Support of Amended Motion (10/31/18)

Order Denying Amended Motion for Preliminary Injunction (11/2/18)

Intervenor Complaint (11/2/18)

Plaintiffs' Emergency Motion for Temporary Resstraining Order (11/11/18)

• Brief in Support

Plaintiffs' Amended Emergency Motion (11/11/18)

Motion to Intervene as Plaintiff (11/11/18)

• Brief in Support
• Exhibit 1
• Exhibit 2
• Proposed Emergency Motion for Temporary Restraining Order
• Proposed Brief in Support

Response in Opposition to Plaintiffs' Latest Amended Emergency Motion (11/12/18)

• Exhibit A

Scretary of State's Response to Proposed Plaintiff Intervenor's Motion (11/12/18)

• Declarattion of Chris Harvey

Second Amended Complaint (11/12/18)

Motion for Temporary Restraining Order (11/12/18)

Order Granting Motion to Intervene (11/13/18)

Emergency Complaint for Injunctive and Declaratory Relief (11/13/18)

• Exhibit A
• Exhibit B
• Exhibit C
• Exhibit D
• Attachment 1

Motion for Reconsideration (11/15/18)

• Brief in Support
• Declaration of Support
• Exhibit 1
• Exhibit 2
• Exhibit 3
• Exhibit 4
• Exhibit 5

Responses in Opposition to Emergency Motion for Reconsideration (11/15/18)

Order Denying Motion for Reconsideration (11/15/18)

Second Amended Complaint (12/3/18)

Answer to Amended Complaint (12/13/18)

Defendants' Answer (12/17/18)

Joint Preliminary Report and Discovery Plan (1/15/19)

Notice of Substitution of Defendant (2/27/19)

Consent Motion for Stay of Discovery (2/28/19)

• Exhibit 1

Joint Stipulation of Dismissal (4/16/19)

• Exhibit 1

Plaintiffs' Notice of and Special Motion for Award of Attorneys' Fees (5/8/19)

• Memorandum of Points and Authorities in Support
• Exhibit 1

Defendants' Opposition to Plaintiffs' Special Motion for an Award (5/22/19)

State Defendants' Initial Brief in Opposition to Plaintiffs' Motion for Fees (5/22/19)

Plaintiffs' Supplementeal Brief in Support of Special Motion for an Award of Attorneys' Fees and Expenses (6/7/19)

Response and Objections to Plaintiffs' Supplemental Brief in Support of Fees (6/28/19)

Response to Brief in Support (6/28/19)

Reply Brief in Support of Special Motion (7/5/19)

Order Granting in Part Motion for Attorney Fees and Awarding Plaintiff (7/23/19)

Court of Appeals for The Eleventh Circuit

• Kemp's Emergency Motion for Stay (10/30/18)
• Brief in Opposition to Stay (10/31/18)
• Motion to stay Denied (11/2/18)
• Reply Brief in Support of Motion for Temporary Restraining Order (11/12/18)
• Order Granting Motion to Intervene (11/13/18)
• Motion to Voluntarily Dismiss Appeal (12/7/18)
• Entry of Dismissal (12/11/18)
• Published Order (3/21/19)