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

NAACP v. Billups

Case Information

Date Filed / Ended: September 19, 2005 / June 8, 2009
State: Georgia
Issue: Voter ID
Courts that Heard this Case: U.S. District Court, Northern District of Georgia (Rome) (Case 4:05-cv-00201-HLM); U.S. Court of Appeals, 11th Circuit (Case 05-15784, 06-11927, 07-14664, 08-10432); U.S. Supreme Court (Case 08-1231)

Issue:

Whether Georgia's Voter ID Statue, which requires a state-issued photo ID, is unconstitutional or violative of the federal Voting Rights Act.

Status:

11th Circuit opinion vacating, rendering and affirming entered 1/14. Motion to Stay Mandate filed 2/10.  Petition for Writ of Cert filed with the U.S. Supreme Court on 4/1.  Brief in Opposition filed 5/6. Reply Brief filed 5/19.  Petition denied on 6/8.

Summary: Read Detailed Summary

U.S. Supreme Court Documents

• Petition for Writ of Certiori (filed 4/1/09)
• Brief in Opposition (filed 5/6/09)
• Reply Brief (filed 5/15/09)
• Petition denied (entered 6/8/09)

U.S. Court of Appeals Documents

• Civil Appeal Statement (filed 10/21/05)
• Appellant's/State Defendant's Motion to Stay Preliminary Injunction Pending Appeal (filed 10/21/05)
• Motion to Treat Appellant's/State Defendant's Motion to Stay as an Emergency Motion (filed 10/21/05)
• Appellant's/State Defendant's Motion to Expedite Appeal (filed 10/21/05)
• Certificate of Interested Persons & Corporate Disclosure Statement (filed 10/21/05)
• Appellee's Response to Appellant's/State Defendants Motion for Stay Pending Appeal (filed 10/24/05)
• Appellee's Response to Motion to Expedite Appeal (filed 10/24/05)
• Order of 11th Circuit Court of Appeals Denying Stay of Injunction
• Brief of State Defendants-Appellants Cathy Cox and State Election Board (filed 12/5/05)
• Brief of Plaintiffs-Appellees Common Cause, Georgia (filed 1/9/06)
• Amicus Brief of the Mountain States Legal Foundation (filed 1/11/06)
• Appellant's Reply Brief (filed 1/23/2006)
• Amicus Brief of the Brennan Center for Justice at N.Y.U. Law School in Support of Plaintiffs-Appellees and Affirmance (filed 1/26/06)
• Order granting remand (entered 2/9/06)
• Motion to stay pending outcome of U.S. Supreme Court case Crawford v. Marion City (filed 11/2/07) [not available]
• Appellants' Motion to Stay Briefing pending a decision in Supreme Court is GRANTED (entered 11/15/07) [not available]
• Appellants' Third Report on the Status of Crawford et al v. Marion County Board of Elections (filed 2/15/08)
• State Defendants-Appellants' Motion to Consolidate Appeals 08-10432 and 07-10664 (filed 2/15/08)
• Response Opposing In Part Defendant's Appellants' Motion to Consolidate Appeals (filed 3/3/08)
• Brief of State Defendants-Appellants (filed 5/28/08)
• Brief of Appellants (filed 5/29/08)
• Amicus Curiae Brief: (Atty: Sidney S. Rosdeitcher) (filed 6/5/08)
• Appellee Brief Filed: Karen Handel & State Election Board (Atty Mark Cohen) (filed 6/27/08)
• E-Brief Tendered: Appellee by Mark H. Cohen (filed 6/30/08)
• E-Brief Tendered: Appellee by David G.H. Brackett (filed 7/1/08)
• Appellee Brief Filed: (Atty: David G.H. Brackett) (filed 7/1/08)
• E-Brief Tendered: Reply by David G.H. Brackett (filed 7/14/08)
• Motion to Expedite (filed 7/17/08)
• Record on Appeal (filed 7/18/08)
• Exhibits (filed 7/18/08)
• Motion to Expedite (filed 7/17/08)
• Response to Motion to Expedite Hearing on Consolidated Appeals (Atty: Mark H. Cohen) (filed 7/23/08)
• Appellants' Motion to Expedite hearing on these appeals is DENIED. Clerk is directed to forthwith schedule these appeals for oral argument consistent w/this Court's regular procedures. (filed 7/29/08)
• Reply/Cross-Appellee Brief (Atty: Mark H. Cohen) (filed 8/4/08)
• E-Brief Tendered: Appellee-Cross Appellant Reply Brief by David G.H. Brackett (filed 8/22/08)
• Oral Argument Scheduled: 12/03/08 (filed 9/11/08)
• Emmet J. Bondurant argued for Appellee; Mark H. Cohen argued for Appellant (12/5/08)
• Notice of court action (entered 12/19/08)
• Opinion Issued: VACATED, RENDER & AFFIRMED. (entered 1/14/09)
• Motion to Stay Mandate (filed 2/10/09)
• MOT2 (Notice of Court Action) Issued (filed 2/19/09)

District Court Documents

• Corrected Complete Complaint (filed 9/19/2005)
  • Exhibit A (memo from Secretary of State to State Senate)
  • Exhibit B (letter from Secretary of State to Governor)
  • Exhibit C ("Applying for a Georgia ID Card")
  • Exhibit D ("Birth Certificates")
• Motion to set a Preliminary Injunction Hearing (filed 9/19/2005)
• Order granting Motion to Set a Preliminary Injunction Hearing
• Motion to Intervene and Expedited Request for Consideration of the Motion (filed 10/5/05)
• Brief in Support
• Order granting State Election Board's Motion to Intervene & for expedited consideration (filed 10/05/2005)
• Motion for Preliminary Injunction (filed 10/06/2005)
  • Brief in Support
    • Exhibit A
    • Exhibit B
    • Exhibit C
    • Exhibit D
    • Exhibit E, Part 1
    • Exhibit E, Part 2
    • Exhibit E, Part 3
    • Exhibit E, Part 4
    • Exhibit E, Part 5
    • Exhibit F
• Motion to Dismiss Individual Capacity Claims (filed 10/7/05)
  • Brief in Support
• Response in Opposition to Motion for Preliminary Injunction (filed 10/11/05)
  • Exhibit 1 (House Bill 244 (part 1))
  • Exhibit 2 (House Bill 244 (part 2))
  • Exhibit 2 (Excerpts of Cox Deposition)
  • Exhibit 3 (Section 5 Preclearance Letter)
  • Exhibit 4 (Williams Deposition)
• Response to Motion to Dismiss Individual Capacity Claims (filed 10/11/05)
• Amended Complaint against all Defendants, filed by Common Cause/Georgia (filed 10/12/05)
• Preliminary Injunction
• Motion to Stay Preliminary Injunction (filed 10/19/05)
  • Brief in Support of Motion to Stay Preliminary Injunction (filed 10/19/05)
• Order denying Motion to Dismiss Individual Capacity Claims
• Response in Opposition to Motion to Stay Preliminary Injunction (filed 10/20/05)
  • Exhibit A
• Order denying the State Defendant's Motion for Stay Pending Appeal
• Notice Of Appeal as to Order on Motion for Preliminary Injunction (filed 10/21/05)
• Motion to Stay Proceedings Pending Resolution of Expedited Appeal to the Eleventh Circuit (filed 11/10/05)
  • Brief in Support
• Answer to Amended Complaint and Complaint by Cathy Cox
• Response to Motion to Stay Proceedings Pending Resolution of Expedited Appeal to the Eleventh Circuit (filed 11/23/05)
• Motion to Certify Question of State Law to Georgia Supreme Court (filed 11/23/05)
  • Brief in Support
• Order granting State Defendants' Motion to Stay Proceedings Pending Resolution of Expedited Appeal to the Eleventh Circuit
• Response in opposition to Motion to Certify Question of State Law to Georgia Supreme Court (filed 12/8/05)
• Reply brief in support of Motion to Certify Question of State Law to Georgia Supreme Court (filed 12/27/05)
• Order denying Plaintiffs' Motion to Certify Question of State Law to Georgia Supreme Court
• Order
• Plaintiffs' Motion for Leave to File Second Amended Complaint (filed 2/23/06)
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
  • Exhibit
• Order memorializing actions taken by the Court during the 3/2/06 telephone conference
• Minute Entry for proceedings held before Judge Harold L. Murphy
• Notice of Section 5 Preclearance of Act No. 432 (S.B. 84) (filed 4/21/06)
  • Department of Justice Preclearance Letter of Act 432/S.B. 84
• Second Amended Complaint (filed 4/26/06)
  • Exhibit A, part 1
  • Exhibit A, part 2
  • Exhibit A, part 3
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
• Answer and Defenses of Tracy Brown (filed 5/9/06)
• Answer and Defenses of Cathy Cox and State Election Board (filed 5/10/06)
• State Defendants' Motion to Dismiss Second Amended Complaint for Declaratory and Injunctive Relief in Part Pursuant to Fed. R. Civ. P. 12(b)(6) (filed 5/10/06)
  • Brief in Support of State Defendants' Motion to Dismiss Second Amended Complaint for Declaratory and Injunctive Relief in Part Pursuant to Fed. R. Civ. P. 12(b)(6)
• Master Answer and Defenses of Ms. Evon Billups, Mr. Gary Petty, Ms. Micheelle Hudson, Ms. Amanda Spencer, Mr. Ron McKelvey, Ms. Nina Crawford, Judge John Payne, Ms. Shea Hicks, Ms. Jennifer A. Johnson and Mr. Sam Little (filed 5/10/06)
• Plaintiffs' Response in Opposition to State Defendants' Motion to Dismiss, in Part, the Second Amended Complaint (filed 5/25/06)
• Plaintiffs' Renewed Motion to Certify Question of State Law to the Georgia Supreme Court (filed 5/25/06)
• State Defendants' Response in Opposition to Plaintiffs' Renewed Motion to Certify Question of State Law to the Georgia Supreme Court (filed 6/8/06)
  • Exhibit 1
• Reply Brief in Support of State Defendants' Motion to Dismiss Second Amended Complaint for Declaratory and Injunctive Relief in Part Pursuant to Fed. R. Civ. P. 12(b)(6) (filed 6/8/06)
• Motion for Preliminary Injunction (filed 7/5/06)
  • Brief in Support of Motion for Preliminary Injunction
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
  • Exhibit J - Part 1
  • Exhibit J - Part 2
  • Exhibit J - Part 3
• State Defendants' Brief In Opposition To Plaintiffs' Motion For Preliminary Injunction (filed 7/10/2006)
• State Defendant's Motion to Dismiss Plaintiffs' Motion for Preliminary Injunction (filed 7/7/2006)
• Plaintiffs Brief In Opposition To State Defendants' Motion To Dismiss Plaintiffs' Motion For Preliminary Injunction (filed 7/10/06)
• Order deferring ruling on Defendants Motion to Dismiss (entered 7/10/06)
  • Deadline for State Defendant's to file their response to Plaintiff's Second Motion for Preliminary Injunction by 11:59 pm on Monday July 10, 2006
  • If the Georgia Supreme Court declines to stay the restraining order in the Lake case, the Court will continue the preliminary injunction hearing scheduled for Wednesday, July 12, 2006 until a later date.
• Minute Entry for proceedings held before Judge Harold L. Murphy (entered 7/13/06)
  • Court orally granted preliminary injunction, written order to follow
• Order granting preliminary injunction (entered 7/14/06)
  • Cover Page
  • Order Denying Defendants motion in opposition to preliminary injunction
• MOTION for Admission of Plaintiffs' Exhibits 5 through 15, by Common Cause (filed 7/14/06)
• ORDER granting Motion for Miscellaneous Relief. Exhibits 5-12 and 15 are admitted (filed 7/17/06)
• RESPONSE in Opposition to MOTION for Admission of Plaintiffs' Exhibits 5 through 15, filed by State Election Board (filed 7/20/06)
• ORDER re plaintiff's Motion admitting exhibit 13 into the record (entered 7/21/06)
• RESPONSE TO ORDER TO SHOW CAUSE-Withdrawal of Motion to Admit Exhibit 14 (filed 7/25/06)
• ORDER Granting in Part Response to Order to Show Cause, MOTION for Admission of Plaintiffs' Exhibits 5 through 15 (entered 7/26/06)
• Minute Entry (entered 9/5/06)
• Plaintiffs' Motion For A Hearing On Plaintiffs' Second Motion For Preliminary Injunction In Advance Of The September Special Elections (filed 9/6/06)
• State Defendant's Response in Opposition to Plaintiffs' Motion For A Hearing On Plaintiffs' Second Motion For Preliminary Injunction In Advance Of The September Special Elections (filed 9/6/06)
• ORDER: The Court Orders the parties to appear before the Court for a brief evidentiary hearing on 9/14/2006 (entered 9/6/06)
• Minute Entry for proceedings held before Judge Harold L. Murphy (entered 9/15/06)
  • Court orally granted preliminary injunction; written order to follow
  • Exhibit and Witness List
• Order granting Preliminary Injunction (entered 9/15/06)
• MOTION to Stay Proceedings Pending Resolution of Appeal of the Superior Court of Fulton County's Declaratory Judgment and Permanent Injunction to the Georgia Supreme Court, with Brief In Support by Cathy Cox (filed 9/26/06)
  • Brief in Support
  • Exhibit 1
• RESPONSE re MOTION to Stay Proceedings Pending Resolution of Appeal of the Superior Court of Fulton County's Declaratory Judgment and Permanent Injunction to the Georgia Supreme Court filed by Clara Williams (filed 9/27/06)
• ORDER granting Motion to Stay Proceedings pending Resolution of Appeal of the Superior Court of Fulton County's Declaratory Judgment and Permanent Injunction to the Georgia Supreme Court and Stays all proceedings in this case (entered 9/28/06)
• First MOTION for Order Lifting Stay of Proceedings and Setting Trial on Merits with Brief In Support by Cathy Cox, State Election Board. (filed 7/27/07)
  • Brief in Support (Exhibits #1 & #2)
• RESPONSE in Support of First MOTION for Order Lifting Stay of Proceedings and Setting Trial on Merits (filed 7/31/07)
• ORDER granting Motion to Lift Stay of Proceedings and to Set Trial on the Merits (entered 8/1/07)
• ORDER directing the parties and their counsel to appear before the Court at 10:00 am on 8/22/2007, for a trial on the merits (entered 8/2/07)
• NOTICE to Take Deposition of Dr. Trey Hood (filed 8/13/07)
• MOTION to Amend Amended Complaint,, to Add Plaintiffs and to Reflect the Substitution of a Defendant (filed 8/13/07)
  • Exhibit
• NOTICE by Common Cause/Georgia of Filing the Declaration of Ed Hine as to the unavailability of Eleanor Whittenburg (filed 8/14/07)
• RESPONSE in Opposition re MOTION to Amend Amended Complaint (filed 8/14/07)
• MOTION to Dismiss Plaintiff Clara Williams for Lack of Standing (filed 8/14/07)
  • Brief in support
• Emergency MOTION for Protective Order (filed 8/14/07)
• RESPONSE in Opposition re Emergency MOTION for Protective Order (filed 8/14/07)
  • Exhibits A, B, C, D, E, F
• REPLY to Response to Motion re Emergency MOTION for Protective Order (filed 8/15/07)
  • Exhibit
• ORDER granting State Defts' Emergency Motion for Protective Order (entered 8/15/07)
• TRIAL BRIEF by STATE DEFENDANTS (filed 8/15/07)
• TRIAL BRIEF by PLAINTIFFS (filed 8/15/07)
• REPLY BRIEF re MOTION to Dismiss Plaintiff Clara Williams for Lack of Standing (filed 8/17/07)
  • Exhibit A
• ORDER granting Motion to Amend (entered 8/17/07)
• Emergency MOTION for Protective Order with Brief In Support by STATE DEFENDANTS (filed 8/17/07)
  • Exhibits A, B, C, D
• NOTICE Of Filing Depositions (filed 8/17/07)
• DEPOSITION of Karen C. Handel taken on August 14, 2007 (filed 8/17/07)
  • Exhibits 19, 20, 21
• DEPOSITION of Frances Jackson taken on September 12, 2006 (filed 8/17/07)
• DEPOSITION of Claud Lee McIver, III taken on September 12, 2006 (filed 8/17/07)
  • Exhibits 1, 2, 3, 4, 5, 6
• DEPOSITION of Loraine Piro taken on September 13, 2006 (filed 8/17/07)
  • Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9
• DEPOSITION of Timothy Ross Potts taken on September 13, 2006 (filed 8/17/07)
  • Exhibit 1
• DEPOSITION of Robert Albert Simms taken on August 10, 2007 (filed 8/17/07)
  • Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18
• RESPONSE in Opposition re Emergency MOTION for Protective Order (filed 8/19/07)
  • Exhibits A, B, C, D, E
• REPLY to Response to Motion re Emergency MOTION for Protective Order (filed 8/20/07)
  • Exhibits A, B, C, D, E, F, G, H, I
• DEPOSITION of Robert Sims taken on August 10, 2007 (filed 8/20/07)
  • Exhibits 1-6 & 7-17
• ORDER granting Motion for Protective Order (entered 8/20/07)
• TRANSCRIPT of Proceedings held on 9/14/2006 (filed 8/20/07)
• NOTICE Of Filing Declaration of David Brackett (filed 8/21/07)
• AFFIDAVIT Declaration of David G.H. Brackett (filed 8/21/07)
  • Exhibit A - Declaration of Ruth White
  • Exhibit B - Ruth White Obituary
• NOTICE Of Filing Depositions (filed 8/21/07)
• DEPOSITION of Melvin Vernon Hood taken on August 20, 2007 (filed 8/21/07)
  • Plaintiff's exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
  • Defendant's exhibits 1, 2, 3
• DEPOSITION of Eugene Taylor taken on August 18, 2007 (filed 8/21/07)
• DEPOSITION of Loraine Piro taken on August 21, 2007 (filed 8/21/07)
  • Exhibits 1 & 2
• NOTICE Of Filing Deposition of Sheryl Gowen (filed 8/24/07)
• DEPOSITION of Sheryl Gowen taken on August 20, 2007 (filed 8/24/07)
  • Gowen Deposition parts 1, 2, 3, 4
  • Exhibits 1, 2, 3, 4
  • Exhibit 5: Intro, Ch. 1, Ch. 2, Ch. 3, Ch. 4, Ch. 5, Ch. 6, Appendix A, Appendix B & C, Appendix D, Appendix E
  • Exhibit 6
• NOTICE Of Filing Notice of Filing of Depositions of Trey Hood and Bertha Young (filed 8/27/07)
• DEPOSITION of Trey Hood taken on August 17, 2007 (filed 8/27/07)
  • Exhibits 1, 2, 3, 4, 5, 6
• DEPOSITION of Bertha Young taken on August 17, 2007 (filed 8/27/07)
  • Exhibit
• MOTION to Exclude Reports and Testimony of Plaintiffs' Experts with Brief In Support by STATE DEFENDANTS (filed 8/28/07)
  • Brief in support of motion
• NOTICE Of Filing Depositions by The National Association for the Advancement of Colored People (NAACP) (filed 8/31/07)
• DEPOSITION of Larry Dewberry taken on 08/29/2007 (filed 8/31/07)
  • Exhibits 1 & 2
• DEPOSITION of Annie L. Johnson taken on 08/29/2007 (filed 8/31/07)
  • Exhibits 1 & 2
• RESPONSE in Opposition re MOTION to Exclude Reports and Testimony of Plaintiffs' Experts (filed 8/31/07)
• ORDER granting the State Defendants' Motion to Exclude Reports and Testimony of Plaintiffs' Experts (entered 9/6/07)
• ORDER Dismissing this case and Directing the Clerk to CLOSE this case. The Court DIRECTS the Clerk to enter judgment in favor of the State Defendants (entered 9/6/07)
  • Part 2
• CLERK'S JUDGMENT in favor of State Defendants against Plaintiffs (entered 9/6/07)
• NOTICE OF APPEAL as to Order on Motion to Exclude, Order, Clerk's Judgment by The NAACP (filed 10/2/07)

Related Cases

• Rosalind Lake v. Sonny Perdue, Superior Court of Fulton County, State of Georgia

Related Links

• Secretary Handel Remarks on Voter ID Ruling, Duluth Weekly (GA) (9/6/07)
• Federal judge tosses Ga. voter ID lawsuit; law will be enforced, Access North Georgia (9/6/07)
• Both sides lobbied hard as voter ID trial ends, Atlanta Journal Constitution (8/22/07)
• Federal judge hears arguments on voter ID, Atlanta Journal Constitution (8/22/07)
• Voter ID goes back to court, Daily Report (GA) (8/22/07)
• Education Effort Planned for Voter ID Law, WXIA-TV GA (8/1/07)
• Secretary of State candidates differ on voter ID, Contra Costa Times (10/23/06) [no longer available online]
• Confusion unlikely, but state can do more, The Atlanta Journal-Constitution (10/16/06) [no longer available online]
• State Elections Board letters misrepresented voting rules, Macon Telegraph (10/16/06) [no longer available online]
• Photo ID law suffers 2 setbacks, The Atlanta Journal-Constitution (7/13/06) [no longer available online]
• State of Georgia's Request for Stay of Trial Court Order on Voter ID (7/10/06)
• Ga. Appeals Restraining Order on Voter IDs, Washington Post (7/10/06) [no longer available online]
• Georgians at center in voting rights debate, Atlanta Journal Constitution (7/10/06) [no longer available online]
• Preliminary Injunction enjoining Georgia from enforcing its voter i.d. law in the upcoming primary on grounds it violates the right to vote guaranteed in the Georgia Constitution, Superior Court of Fulton County (7/7/06)
• Judge Blocks Requirement In Georgia For Voter ID, New York Times (7/8/06)
• Cherokee voter IDs may not be valid, Atlanta Journal Constitution (5/24/06) [no longer available online]
• U.S. OKs latest ID voter law, Atlanta Journal Constitution (4/22/06) [no longer available online]
• The effect of Indiana court ruling on Georgia voting bill, S.B. 84 (4/20/06)
• Department of Justice Memorandum, Section 5 Recommendation
• Criticism of voting law was overruled , Washington Post (11/17/05)
• e-Book: Polling Place Rules (Voter Identification Requirements at the Polling Place)