Last Updated: September 10, 2010 at 1:40 PM

ACORN v. Cox

Case Information

Date Filed / Ended: August 14, 2006 / December 24, 2008
State: Georgia
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court, Northern District of Georgia (Case 1:06-cv-01891-JTC); U.S. Court of Appeals for the 11th Circuit (Case 07-15688, 08-14419)

Issue:

Whether the Georgia State Board of Elections' new voter-registration rules, which require each completed application to register be (1) separately sealed before being handed to a private voter registration organizer and (2) not be copied, violate the National Voter Registration Act (NVRA), and the First and Fourteenth Amendments.

Status:

District court case was stayed on 7/14/08 pending resolution of discovery-related mandamus action to be filed in the 11th Circuit Court of Appeals.  Petition for Mandamus was denied by the Court of Appeals on 9/24/08.

District Court Documents

• Complaint, by ACORN (filed 8/14/06)
  • Civil Cover Sheet
• MOTION for Preliminary Injunction by Plaintiffs (filed 8/14/06)
  • Brief in Support
  • Exhibit 1 - Affidavit of Brian Kettenring
  • Exhibit 2 - Affidavit of Deacon Dana Williams
  • Exhibit 3 - Declaration of Helen Butler
  • Exhibit 4 - Declaration of Edward DuBose
  • Exhibit 5 - Affidavit of Stephanie L. Moore
  • Exhibit 6 - Declaration of Michael Kieschnick
  • Exhibit 7 - Declaration of Margaret E. Gage
  • Exhibit 8 - Submission under Section 5 of the Voting Rights Act
• MOTION to Expedite Consideration of Plaintiffs MOTION for Preliminary Injunction (filed 8/14/06)
  • Proposed Notice of Hearing and Order to Show Cause
• ORDER, Status Conference set for 8/21/2006 (entered 8/16/06)
  • Preliminary injunction hearing to be held either the week of 9/4 or 9/11/06
• NOTICE Of Filing Plaintiffs' Proposed Schedule for Expedited Preliminary Injunction Hearing by Dana Williams (filed 8/22/06)
• WAIVER OF SERVICE Returned Executed by Cathy Cox (filed 8/22/06)
  • Answer due date changed to October 16, 2006.
• Defendant's Proposed Scheduling Timetable And Response To Plaintiffs' Argument Regarding Scheduling (filed 8/23/06)
• Plaintiffs' Response To Defendants' Proposed Schedule For Preliminary Injunction Hearing (filed 8/24/06)
• MOTION to Quash Deposition Notices, MOTION for Protective Order with Brief In Support, by Plaintiffs (filed 8/27/06)
• ORDER directing each party to conduct 2 depositions by 9/8/06 (filed 8/28/06)
  • Parties to file list of witnesses, exhibits, etc. and proposed findings of fact & conclusions of law by 9/11/06.
• NOTICE to Take Deposition of Georgia State Election Board filed by Dana Williams (filed 8/28/06)
• Response in Opposition to Motion for Preliminary Injunction (filed 9/1/06)
• Affidavit in Opposition to Motion for Preliminary Injunction by Kathy Rogers (filed 9/1/06)
  • Exhibit
• RESPONSE in Opposition to MOTION for Preliminary Injunction corrected with deposition page citations, filed by Cathy Cox (filed 9/8/06)
  • Kathy Rogers deposition transcript through p 42
  • Kathy Rogers deposition transcript p 43 to end
  • Dana Williams deposition transcript
  • Helen Butler deposition transcript
• REPLY Brief in support of MOTION for Preliminary Injunction, filed by Dana Williams (filed 9/8/06)
• DEPOSITION of State Election Board (through Kathy A. Rogers) (filed 9/11/06)
• Witness List by Dana Williams (filed 9/11/06)
• Witness List by Cathy Cox (filed 9/11/06)
• Proposed Findings of Fact by Dana Williams (filed 9/11/06)
• Proposed Findings of Fact by Cathy Cox (filed 9/11/06)
• MOTION to Strike Proposed Findings of Fact and Conclusions of Law in Part with Brief In Support by Dana Williams (filed 9/12/06)
• RESPONSE in Opposition re MOTION to Strike Proposed Findings of Fact and Conclusions of Law in Part filed by Cathy Cox (filed 9/26/06)
• ORDER granting Plaintiffs' Motion for Preliminary Injunction, RESTRAINING, ENJOINING & PROHIBITING Defendants from enforcing Ga.Comp.R. & Regs.r. 183-1-6-.03(3)(o)(2) as it relates to the sealing and copying of completed registration applications; ENJOINING the State from bringing enforcement actions against any individual or entity for violation of Ga.Comp.R. & Regs.r.183-1-6-.03(3)(o)(2) (entered 9/28/06)
  • Denying as moot Plaintiffs' Motion to Quash & for Protective Order; granting in part and denying in part Plaintiffs' Motion to Strike, granting Plaintiffs' Motion to Expedite & for Leave to File Excess Pages.
• NOTICE by Association of Community Organizations for Reform Now, Project Vote/Voting for America, Inc. Notice of Withdrawal as Co-Counsel of Record (filed 10/4/06)
• Plaintiffs' Motion For Partial Reconsideration, Amendment, And/Or Correction Of Preliminary Injunction Order (filed 10/11/06)
• ANSWER to Complaint by Cathy Cox (filed 10/16/06)
• RESPONSE in Opposition re MOTION for Reconsideration, filed by Cathy Cox (filed 10/30/06)
• REPLY to Response to MOTION for Reconsideration, filed by Dana Williams (filed 11/11/06)
• PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Dana Williams (filed 11/15/06)
• Initial Disclosures by Dana Williams (filed 11/15/06)
• Initial Disclosures by Cathy Cox (filed 11/15/06)
• PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Cathy Cox (filed 11/16/06)
• Amended Initial Disclosures by Cathy Cox (filed 11/16/06)
• CERTIFICATE OF SERVICE for separate requests for production of documents sent to each Plaintiff (filed 1/12/07)
• MINUTE ORDER granting Motion for Extension of Time to Complete Discovery - Discovery ends on 6/4/2007 (entered 3/2/07) [non-document]
• ORDER denying with leave to renew Plaintiffs' Motion for Reconsideration (entered 3/9/07)
• Certificates of Service of Plaintiffs' Objections and Responses to Defendants' First Request for the Production of Documents (filed 3/27/07)
• Notice of Serving Discovery Requests (filed 3/30/07)
• CERTIFICATE OF SERVICE of Discovery Responses and Objections by Association of Community Organizations for Reform Now (filed 4/30/07)
• CERTIFICATE OF SERVICE of Amended Discovery Responses by Association of Community Organizations for Reform Now, Project Vote/Voting for America, Inc. (filed 5/18/07)
• MOTION to Compel Responses to Discovery (filed 6/4/07)
  • Brief in Support of Motion to Compel
  • Affidavit Good Faith Certificate of Counsel
• NOTICE Of Filing Discovery re MOTION to Compel Responses to Discovery (filed 6/5/07)
  • Exhibit 1: Interrogatories to ACORN
  • Exhibit 2: Interrogatories to GCPA
  • Exhibit 3: Interrogatories to Ga NAACP
  • Exhibit 4: Interrogatories to Project Vote
  • Exhibit 5: Requests for Production to ACORN
  • Exhibit 6: Requests for Production to GCPA
  • Exhibit 7: Requests for Production to Ga. NAACP
  • Exhibit 8: Requests for Production to Project Vote
• Request to File Original Discovery Responses of Plaintiffs (filed 6/5/07)
• NOTICE Of Filing Original Discovery, by ACORN (filed 6/21/07)
  • ACORN's Amended Responses to Defendants' First Interrogatories
  • GCPA's Responses to Defendants' First Interrogatories
  • NAACP's Responses to Defendants' First Interrogatories
  • Project Vote's Amended Responses to Defendants' First Interrogatories
  • ACORN's Amended Responses to Defendants' First Request for Production
  • GCPA's Response to Defendants' First Request for Production
  • NAACP's Response to Defendants' First Request for Production
  • Project Vote's Amended Responses to Defendants' First Request for Production
• RESPONSE in Opposition to MOTION to Compel Responses to Discovery and in Support of Pltfs' Cross-Motion for Protective Order (filed 6/21/07)
• Reply Brief re Motion to Compel Responses to Discovery (filed 7/9/07)
• Motion to Strike Notice of Filing & Affidavit (filed 7/9/07)
• MOTION for Leave to File Prior Communications of Counsel Regarding Pending Discovery Disputes with Brief In Support, Exhibits 1, 2, 3, 4, 5 & 6 (filed 7/23/07)
• ORDER granting Defendants' Motion to Compel responses to discovery (filed 10/27/07)
• ORDER of USCA - 11th Circuit directing Defendants-Respondents to file responses to the petition for writ of mandamus (filed 12/21/07)
• ORDER of USCA - 11th Circuit GRANTING Petitioners' Motion for Leave to File a Reply in Support of the Petition (entered 2/28/08)
  • Writ of Mandamus
• ORDER responding to Order from USCA 11th Circuit (entered 6/20/08)
• Notice by Plaintiffs regarding Plaintiffs' Intent to File Renewed Mandamus Petition (filed 7/3/08)
• ORDER STAYING this case pending resolution of Plaintiffs' renewed mandamus petition (entered 7/14/08)
• Civil Case Terminated (subject to reopen after 11 circuit rules on Mandamus Petition). (Entered: 07/14/2008)
• ORDER of USCA - 11th Circuit DENYING Appellant's Renewed Petition for Writ of Mandamus (filed 9/25/08)
• ORDER REOPENING and DISMISSING Plaintiff's Complaint without prejudice (filed 11/10/2008)

Court of Appeals Documents (New Case, 08-14419)

• Renewed Petition for Writ of Mandamus, Prohibition and Other Appropriate Relief (filed 8/5/08)
• Petitioner's Unopposed Motion for Leave to File Electronic Appendix (filed 8/5/08)
• Certificate of Interested Persons and Corporate Disclosure Statement (filed 8/5/08)
• Probable Jurisdiction Noted (filed 8/6/08)
• Appearance Form Submitted. (filed 8/14/08)
• Petitioner's Unopposed Motion for Leave to File Electronic Appendix DENIED (entered 8/14/08)
• Appendix RE: Renewed Petition for Writ of Mandamus, Prohibition: (filed 8/27/08)
• Renewed Petition for Writ of Mandamus, Prohibition and Other Appropriate Relief is DENIED (filed 9/24/08)
• Case Closed (filed 9/24/08)

Court of Appeals Documents (07-15688)

• Petition for Writ of Mandamus, Prohibition and Other Appropriate Relief (filed 12/06/07)
• Defendants-Respondents are directed to file responses to the petition for writ of mandamus w/in 14 days of this order (filed 12/20/07)
• Response Letter from Judge Camp advising that he elects not to participate or otherwise respond to the petition (filed 12/28/07)
• Response to Petition for Writ of Mandamus (filed 1/8/08)
• PETITION GRANTED IN PART AND DENIED IN PART (entered 2/27/08)

Related Links

• ACORN sinking its roots in Ohio, The Columbus Dispatch (08/27/06)
• Litigation Update From Molden, Holley, Fergusson, Thompson & Heard LLC