Case: S.P.S., Ex Rel. v. Raffensperger

1:19-cv-04960 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 1, 2019

Closed Date: Sept. 10, 2020

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Case Summary

This is a case about challenging the constitutionality of Georgia’s ballot order statute, O.C.G.A. § 21-2-285(c). On November 1, 2019, individual voters, and the organizations, namely, the Democratic National Committee, the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, and the Democratic Party of Georgia, Inc. filed this lawsuit in the United States District Court Northern District of Georgia Atlanta Division. The case was assigned to the United Stat…

This is a case about challenging the constitutionality of Georgia’s ballot order statute, O.C.G.A. § 21-2-285(c).

On November 1, 2019, individual voters, and the organizations, namely, the Democratic National Committee, the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, and the Democratic Party of Georgia, Inc. filed this lawsuit in the United States District Court Northern District of Georgia Atlanta Division. The case was assigned to the United States District Judge Amy Totenberg.

On November 15, 2019, the plaintiffs filed an amended complaint.

The plaintiffs sued the Georgia Secretary of State and the Georgia Board of Elections under 28 U.S.C. § 2201, Federal Rule of Civil Procedure 65(a) and 28 U.S.C. § 2202. Represented by private counsels, the plaintiffs sought judgement declaring that O.C.G.A. § 21-2-285(c) violated the First and Fourteenth Amendment of the United States Constitution; preliminary and permanently enjoining the defendants from implementing, enforcing or giving any effect to the statute; awarding the individual voters and the organizations their costs, disbursements and reasonable attorney’s fees; and granting such other and further relief as the court deems just and proper, including requiring the defendants to use a ballot order system that gives similarly situated major-party candidates an equal opportunity to be listed first on the ballot. They claimed that O.C.G.A. § 21-2-285(c), which required that candidates who shared the same party affiliation as the most recently elected Governor to be listed first on the ballot in every partisan race in the State’s general elections, violated the individual voters and the organizations’ the First and Fourteenth Amendments rights by treating them differently from the similarly situated Republican Party and its candidates and voters, and diluting the vote of Democratic voters relative to that of voters who cast ballots for Republican candidates solely due to their first position on the ballot. To support their assertion, the plaintiffs alleged that candidates listed first in a race on the ballot receive an electoral benefit solely due to their ballot priority position as a result of a phenomenon known as the “primary effect” that gives first-listed candidates a meaningful and arbitrary advantage over all of their opponents.

On November 18, 2019, the plaintiffs filed the motion for preliminary injunction. The plaintiffs sought an order enjoining the defendants from implementing or enforcing O.C.G.A. § 21-2-285(c); and requiring the defendants to take all necessary steps, including promulgating and rules and regulations consistent with the court’s order, to rotate the ordering of candidates of the major political parties so that the candidates of each major political party are listed first in all races for which they have a candidate on an approximately equal number of ballots. Alternatively, the plaintiffs sought an order requiring the defendants to use a ballot order system that gives the similarly-situated candidates of the major political parties an equal opportunity to appear on the top of the ballot in each election and each race, to take effect before the end of the preparation of ballots for the 2020 general election. The plaintiffs alleged that, among other things, one of the scientists found that on average, Republicans have enjoyed a 4.2 percentage point advantage in Georgia as a result of being listed first on the ballot in all elections since 2004.

On January 10, 2020, the defendants filed a motion to dismiss.

On August 13, 2020, the court issued an order. In the order, the court denied the plaintiffs’ motion for preliminary injunction without prejudice, denied the defendants' motion to dismiss without prejudice, and granted the plaintiffs’ leave to amend their amended complaint with allegations sufficient to establish the type of harm required by the Eleventh Circuit in Jacobson. Jacobson v. Florida Sec’y of State, 957 F.3d 1193, 1212 (11th Cir. 2020). In the order, since that the Eleventh Circuit found that the alleged injury of vote dilution based on an average measure of partisan advantage is legally insufficient to establish standing to challenge the constitutionality of the ballot order statute, the court could not find that the individual voters and the organizations had demonstrated a substantial likelihood of success on the merits of their claims to support the imposition of extraordinary injunctive relief on the case.

On September 10, 2020, the case was terminated.

Summary Authors

Tatsushi Nishizaki (1/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16433261/parties/sps-ex-rel-v-raffensperger/

Judge(s)

Attorney for Plaintiff

Anderson, Jacki Lynn (Georgia)

Elias, Marc E. (Georgia)

Frost, Elisabeth Carmel (Georgia)

Jr, Halsey G. (Georgia)

Attorney for Defendant

Jacoutot, Bryan Francis (Georgia)

Judge(s)

Totenberg, Amy Mil (Georgia)

Attorney for Plaintiff

Anderson, Jacki Lynn (Georgia)

Elias, Marc E. (Georgia)

Frost, Elisabeth Carmel (Georgia)

Jr, Halsey G. (Georgia)

Khanna, Abha (Georgia)

Newkirk, Zachary J. (Georgia)

Sparks, Adam Martin (Georgia)

Attorney for Defendant

Jacoutot, Bryan Francis (Georgia)

LaRoss, Diane Festin (Georgia)

McGowan, Charlene S (Georgia)

Paradise, Loree Anne (Georgia)

Tyson, Bryan P. (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:19-cv-04960	Complaint for Declaratory and Injunctive Relief S.P.S., ex rel v. Raffensperger	Nov. 1, 2019	Nov. 1, 2019 Complaint 479 F.Supp.3d 1340
17 1:19-cv-04960	First Amended Complaint for Declaratory and Injunctive Relief S.P.S., ex rel. v. Raffensperger	Nov. 15, 2019	Nov. 15, 2019 Complaint 479 F.Supp.3d 1340
22 1:19-cv-04960	Plaintiff's Motion for Preliminary Injunction S.P.S., ex rel., v. Raffensperger	Nov. 18, 2019	Nov. 18, 2019 Pleading / Motion / Brief 479 F.Supp.3d 1340
23 1:19-cv-04960	Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction S.P.S., ex rel., v. Raffensperger	Nov. 18, 2019	Nov. 18, 2019 Pleading / Motion / Brief 479 F.Supp.3d 1340
34 1:19-cv-04960	Defendant's Response In Opposition To Plaintiff's Motion For Preliminary Injunction S.P.S., ex rel., v. Raffensperger	Dec. 20, 2019	Dec. 20, 2019 Pleading / Motion / Brief 479 F.Supp.3d 1340
37 1:19-cv-04960	Defendants Brad Raffensperger, David Worley, Rebecca Sullivan, Anh le, And Seth Harp’s Motion To Dismiss Plaintiffs’ First Amended Complaint S.P.S., ex rel., v. Raffensperger	Jan. 10, 2020	Jan. 10, 2020 Pleading / Motion / Brief 479 F.Supp.3d 1340
38 1:19-cv-04960	Reply In Support Of Plaintiffs’ Motion For Preliminary Injunction S.P.S., ex rel., v. Raffensperger	Jan. 10, 2020	Jan. 10, 2020 Pleading / Motion / Brief 479 F.Supp.3d 1340
41 1:19-cv-04960	Plaintiffs’ Response In Opposition To Defendants’ Motion To Dismiss S.P.S., ex rel v. Raffensperger	Jan. 24, 2020	Jan. 24, 2020 Pleading / Motion / Brief 479 F.Supp.3d 1340
43 1:19-cv-04960	Defendants’ Reply In Support Of Their Motion To Dismiss S.P.S., ex rel. v. Raffensperger	Feb. 7, 2020	Feb. 7, 2020 Pleading / Motion / Brief 479 F.Supp.3d 1340
57 1:19-cv-04960	Plaintiffs’ Supplemental Brief In Support Of Their Motion For Preliminary Injunction And In Opposition To Defendants’ Motion To Dismiss S.P.S., ex rel. v. Raffensperger	May 15, 2020	May 15, 2020 Pleading / Motion / Brief 479 F.Supp.3d 1340

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16433261/sps-ex-rel-v-raffensperger/

Last updated April 13, 2026, 4:43 a.m.

ECF Number	Date	Description	Link
1	Nov. 1, 2019	COMPLAINT filed by S.P.S., ex rel., Natalie Short, Priorities USA, Edwin Prior, Democratic Party of Georgia, Inc., DCCC, DNC Services Corp. and DSCC. (Filing fee $400.00, receipt number AGANDC-9051149) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 11/05/2019) 1 Civil Cover Sheet View on RECAP	Clearinghouse
2	Nov. 1, 2019	Electronic Summons Issued as to Brad Raffensperger. (eop) (Entered: 11/05/2019)	RECAP
3	Nov. 1, 2019	Electronic Summons Issued as to Rebecca Sullivan. (eop) (Entered: 11/05/2019)	RECAP
4	Nov. 1, 2019	Electronic Summons Issued as to David Worley. (eop) (Entered: 11/05/2019)	RECAP
5	Nov. 1, 2019	Electronic Summons Issued as to Seth Harp. (eop) (Entered: 11/05/2019)	RECAP
6	Nov. 1, 2019	Electronic Summons Issued as to Anh Le. (eop) (Entered: 11/05/2019)	RECAP
7	Nov. 5, 2019	APPLICATION for Admission of Marc Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058973). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
8	Nov. 5, 2019	APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058976). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
9	Nov. 5, 2019	APPLICATION for Admission of Jacki Lynn Anderson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058977). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
10	Nov. 5, 2019	APPLICATION for Admission of Abha Khanna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058978). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
11	Nov. 5, 2019	APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058999). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
12	Nov. 5, 2019	Certificate of Interested Persons by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/05/2019)	RECAP
13	Nov. 12, 2019	STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 11/12/19. (bnp) (Entered: 11/12/2019)	RECAP
	Nov. 12, 2019	RETURN of 8 APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058976). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)
	Nov. 12, 2019	APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Marc Erik Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058973). Documents for this entry are not available for viewing outside the courthouse.. Attorney Marc E. Elias added appearing on behalf of DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short (pmb)
	Nov. 12, 2019	APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Jacki Lynn Anderson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058977). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jacki Lynn Anderson added appearing on behalf of DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short (pmb)
	Nov. 12, 2019	APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Abha Khanna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058978). Documents for this entry are not available for viewing outside the courthouse.. Attorney Abha Khanna added appearing on behalf of DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short (pmb)
	Nov. 12, 2019	APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9058999). Documents for this entry are not available for viewing outside the courthouse.. Attorney Elisabeth Carmel Frost added appearing on behalf of DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short (pmb)
	Nov. 12, 2019	ORDER, by docket entry only, granting 7, 9, 10, and 11 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 11/12/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
14	Nov. 13, 2019	APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/13/2019)	RECAP
15	Nov. 14, 2019	CERTIFICATE of Compliance re 13 Order, (Anderson, Jacki) (Entered: 11/14/2019)	RECAP
16	Nov. 14, 2019	CERTIFICATE of Compliance re 13 Order, (Frost, Elisabeth) (Entered: 11/14/2019)	RECAP
17	Nov. 15, 2019	First AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants filed by Natalie Short, Priorities USA, Edwin Prior, Democratic Party of Georgia, Inc., DCCC, DNC Services Corp., S.P.S., ex rel., DSCC, Aileen Nakamura, Angie Jones.(Sparks, Adam) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 11/18/2019 to add filers (bnp). (Entered: 11/15/2019)	Clearinghouse
18	Nov. 15, 2019	CERTIFICATE of Compliance re 13 Order, (Elias, Marc) (Entered: 11/15/2019)	RECAP
19	Nov. 15, 2019	CERTIFICATE of Compliance (Sparks, Adam) (Entered: 11/15/2019)	RECAP
20	Nov. 15, 2019	CERTIFICATE of Compliance (Knapp, Halsey) (Entered: 11/15/2019)	RECAP
21	Nov. 18, 2019	CERTIFICATE of Compliance re 13 Order, (Khanna, Abha) (Entered: 11/18/2019)	RECAP
22	Nov. 18, 2019	MOTION for Preliminary Injunction by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) (Entered: 11/18/2019) 1 Text of Proposed Order View on PACER	Clearinghouse
23	Nov. 18, 2019	BRIEF in Support re 22 MOTION for Preliminary Injunction Memorandum in Support filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) Modified on 11/19/2019 (hfm). (Entered: 11/18/2019)	Clearinghouse
24	Nov. 18, 2019	NOTICE Of Filing Exhibits in Support of Motion re 22 Motion for Preliminary Injunction by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short re 23 Response in Support of Motion, 22 MOTION for Preliminary Injunction (Attachments: # 1 Declaration of Elisabeth C. Frost, # 2 Exhibit A - Rodden Report, # 3 Exhibit B - Krosnick Report, # 4 Exhibit C - Fraga Report, # 5 Exhibit D - DPG Declaration, # 6 Exhibit E - DSCC Declaration, # 7 Exhibit F - DCCC Declaration, # 8 Exhibit G - DPG Declaration, # 9 Exhibit H - SPS Declaration, # 10 Exhibit I - E. Prior Declaration, # 11 Exhibit J - A. Jones Declaration, # 12 Exhibit K - A. Nakamura - Declaration, # 13 Exhibit L - Dominion Cert., # 14 Exhibit M - EAC)(Sparks, Adam) Modified on 11/19/2019 to edit text (bnp). (Entered: 11/18/2019) 1 Declaration of Elisabeth C. Frost View on PACER 2 Exhibit A - Rodden Report View on PACER 3 Exhibit B - Krosnick Report View on PACER 4 Exhibit C - Fraga Report View on RECAP 5 Exhibit D - DPG Declaration View on PACER 6 Exhibit E - DSCC Declaration View on PACER 7 Exhibit F - DCCC Declaration View on PACER 8 Exhibit G - DPG Declaration View on PACER 9 Exhibit H - SPS Declaration View on PACER 10 Exhibit I - E. Prior Declaration View on PACER 11 Exhibit J - A. Jones Declaration View on PACER 12 Exhibit K - A. Nakamura - Declaration View on PACER 13 Exhibit L - Dominion Cert. View on PACER 14 Exhibit M - EAC View on PACER	RECAP
	Nov. 18, 2019	Notification of Docket Correction re 23 Response in Support of Motion. Docket text modified to reflect filing as Brief in Support re 22 Motion for Preliminary Injunction. (hfm)
	Nov. 19, 2019	Submission of 22 MOTION for Preliminary Injunction to District Judge Amy Totenberg. (bnp)
	Nov. 19, 2019	RETURN of 14 APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)
25	Nov. 22, 2019	APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 11/22/2019)	RECAP
26	Nov. 22, 2019	NOTICE of Appearance by Charlene R. Marino on behalf of Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley (Marino, Charlene) (Entered: 11/22/2019)	RECAP
27	Nov. 22, 2019	Consent MOTION for Extension of Time to File Answer re 17 Amended Complaint,, with Brief In Support by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (McGowan, Charlene) (Entered: 11/22/2019)	RECAP
	Nov. 25, 2019	Submission of 27 Consent MOTION for Extension of Time to File Answer re 17 Amended Complaint to District Judge Amy Totenberg. (bnp)
	Nov. 25, 2019	ORDER, by docket entry only, granting 27 Motion for Extension of Time to Answer re 17 Amended Complaint. All Defendants answer due January 10, 2020. By Judge Amy Totenberg on 11/25/19. (hfm)
28	Nov. 26, 2019	Consent MOTION for Extension of Time for Briefing Deadlines regarding Plaintiff's Motion for Preliminary Injunction by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) (Entered: 11/26/2019)	RECAP
	Nov. 26, 2019	Submission of 28 Consent MOTION for Extension of Time for Briefing Deadlines regarding Plaintiff's Motion for Preliminary Injunction to District Judge Amy Totenberg. (bnp)
29	Nov. 27, 2019	ORDER GRANTING 28 Motion for Extension of Time through 12/20/2019 for defendants to respond to 22 MOTION for Preliminary Injunction. Plaintiff shall file a reply on or before 1/10/2020. The Clerk is directed to submit the motion to the Court on 1/13/2020. Signed by Judge Amy Totenberg on 11/27/2019. (adg) (Entered: 11/27/2019)	RECAP
30	Dec. 4, 2019	CERTIFICATE of Compliance (McGowan, Charlene) (Entered: 12/04/2019)	RECAP
31	Dec. 4, 2019	CERTIFICATE of Compliance (Newkirk, Zachary) (Entered: 12/04/2019)	RECAP
	Dec. 4, 2019	APPROVAL by Clerks Office re: 25 APPLICATION for Admission of Zachary J. Newkirk Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Zachary J. Newkirk added appearing on behalf of DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short (pmb)
	Dec. 4, 2019	ORDER, by docket entry only, granting 25 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 12/4/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
32	Dec. 20, 2019	NOTICE of Appearance by Bryan P. Tyson on behalf of Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley (Tyson, Bryan) (Entered: 12/20/2019)	RECAP
33	Dec. 20, 2019	CERTIFICATE of Compliance (Tyson, Bryan) (Entered: 12/20/2019)	RECAP
34	Dec. 20, 2019	RESPONSE in Opposition re 22 MOTION for Preliminary Injunction filed by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (Attachments: # 1 Exhibit A - Dec. of Michael Fronterra, # 2 Exhibit B - Order Denying Preliminary Injunction in Jacobson)(Tyson, Bryan) (Entered: 12/20/2019) 1 Exhibit A - Dec. of Michael Fronterra View on RECAP 2 Exhibit B - Order Denying Preliminary Injunction in Jacobson View on RECAP	Clearinghouse
35	Jan. 6, 2020	NOTICE of Appearance by Diane Festin LaRoss on behalf of Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley (LaRoss, Diane) (Entered: 01/06/2020)	RECAP
36	Jan. 9, 2020	NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley (Jacoutot, Bryan) (Entered: 01/09/2020)	RECAP
37	Jan. 10, 2020	MOTION to Dismiss Plaintiffs' First Amended Complaint with Brief In Support by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (Attachments: # 1 Brief)(Tyson, Bryan) (Entered: 01/10/2020) 1 Brief View on RECAP	Clearinghouse
38	Jan. 10, 2020	REPLY to Response to Motion re 22 MOTION for Preliminary Injunction filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 01/10/2020)	Clearinghouse
	Jan. 13, 2020	Submission of 22 MOTION for Preliminary Injunction to District Judge Amy Totenberg. (bnp)
39	Jan. 16, 2020	NOTICE of Filing Additional Relevant Documents by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley re 34 Response in Opposition to Motion, (Attachments: # 1 Exhibit A - Eleventh Circuit Order in Jacobson, # 2 Exhibit B - Amicus Brief filed in Jacobson)(Tyson, Bryan) Modified on 1/16/2020 to edit event text (bnp). (Entered: 01/16/2020)	RECAP
40	Jan. 21, 2020	Notice for Leave of Absence for the following date(s): 3/30/20, 4/1/20, 4/6/20-4/9/20, 5/20/20-6/1/20, 6/10/20-6/12/20, by Bryan P. Tyson. (Tyson, Bryan) Modified on 1/22/2020 to edit text(bnp). (Entered: 01/21/2020)	RECAP
41	Jan. 24, 2020	RESPONSE in Opposition re 37 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura. (Elias, Marc) (Entered: 01/24/2020)	Clearinghouse
42	Jan. 29, 2020	NOTICE Of Filing Supplemental Authority by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short re 41 Response in Opposition to Motion Plaintiffs' Notice of Supplemental Authority in Support of Response in Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit 01/27/2020 Opinion)(Sparks, Adam) (Entered: 01/29/2020)	RECAP
43	Feb. 7, 2020	REPLY to Response to Motion re 37 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (Tyson, Bryan) (Entered: 02/07/2020)	Clearinghouse
44	Feb. 10, 2020	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 02/10/2020)	RECAP
	Feb. 10, 2020	Submission of 37 MOTION to Dismiss Plaintiffs' First Amended Complaint to District Judge Amy Totenberg. (bnp)
45	Feb. 11, 2020	SCHEDULING ORDER: re: 44 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 2/11/2020. (bnp) (Entered: 02/11/2020)	RECAP
	Feb. 11, 2020	Submission of 44 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp)
46	Feb. 19, 2020	CERTIFICATE OF SERVICE Rule 5.4 Certificate of Service for Defendants' Initial Disclosures by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley.(Tyson, Bryan) (Entered: 02/19/2020)	RECAP
47	Feb. 19, 2020	CERTIFICATE OF SERVICE Rule 5.4 Certificate of Service for Plaintiffs' Initial Disclosures by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short.(Sparks, Adam) (Entered: 02/19/2020)	RECAP
48	March 17, 2020	ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 03/17/2020. (rvb) (Entered: 03/17/2020)	RECAP
49	March 18, 2020	NOTICE Of Filing Plaintiffs' Supplemental Authority by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short re 41 Response in Opposition to 37 Motion to Dismiss (Attachments: # 1 Exhibit Memorandum Opinion)(Sparks, Adam) Modified on 3/19/2020 to link to motion(bnp). (Entered: 03/18/2020)	RECAP
50	March 20, 2020	General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bnp) (Entered: 03/20/2020)	RECAP
51	March 30, 2020	NOTICE of Appearance by Loree Anne Paradise on behalf of Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley (Paradise, Loree Anne) (Entered: 03/30/2020)	RECAP
52	April 2, 2020	Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) (Entered: 04/02/2020)	RECAP
53	April 29, 2020	NOTICE by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley of Supplemental Authority (Attachments: # 1 Exhibit A - Eleventh Circuit Decision in Jacobson v. Florida Secretary of State)(Tyson, Bryan) (Entered: 04/29/2020)	RECAP
54	May 1, 2020	ORDER - Plaintiffs are DIRECTED to file a Supplemental Brief addressing the impact of the Eleventh Circuits decision in Jacobson v. Florida Secretary of State on their claims and their pending Motion for Preliminary Injunction and Defendants' Motion to Dismiss. Plaintiffs SHALL file the Supplemental Brief NO LATER THAN MAY 15, 2020. Defendants may file a Response NO LATER THAN MAY 29, 2020 and Plaintiffs may file a Reply, if necessary, NO LATER THAN JUNE 12, 2020. Signed by Judge Amy Totenberg on 5/1/2020. (tcc) (Entered: 05/01/2020)	RECAP
55	May 4, 2020	Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI) (Entered: 05/04/2020)	RECAP
56	May 5, 2020	SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) (Entered: 05/05/2020)	RECAP
57	May 15, 2020	Supplemental Brief in Support re 22 MOTION for Preliminary Injunction and in Opposition re 37 Motion to Dismiss Plaintiffs' Supplemental Brief re 54 ORDER filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) Modified on 5/18/2020 to edit event text and link to motion to dismiss (bnp). (Entered: 05/15/2020)	Clearinghouse
58	May 27, 2020	THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (dgs) (ADI) (Entered: 05/27/2020)	RECAP
59	May 29, 2020	RESPONSE re 54 Order and 57 Response in Support of Motion, filed by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (Tyson, Bryan) (Entered: 05/29/2020)	RECAP
60	June 12, 2020	REPLY BRIEF in Support of 57 Supplemental Brief re 22 MOTION for Preliminary Injunction, 37 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) Modified on 6/15/2020 to link to supplemental brief (bnp). (Entered: 06/12/2020)	Clearinghouse
	June 15, 2020	Submission of 54 Order to District Judge Amy Totenberg. (bnp)
61	June 17, 2020	NOTICE of Supplemental Authority by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short re 22 MOTION for Preliminary Injunction, 41 Response in Opposition to Motion (Attachments: # 1 Exhibit A - Pavek v. Simon Memorandum Opinion and Order)(Sparks, Adam) Modified on 6/18/2020 to edit text(bnp). (Entered: 06/17/2020)	RECAP
62	July 2, 2020	FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI) (Entered: 07/02/2020)	RECAP
63	July 13, 2020	FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (aaq) (ADI) (Entered: 07/13/2020)	RECAP
64	July 14, 2020	NOTICE of Supplemental Authority by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley re 37 MOTION to Dismiss Plaintiffs' First Amended Complaint (Attachments: # 1 Exhibit A - Order on Motion to Dismiss in Miller v. Hughs)(Tyson, Bryan) Modified on 7/15/2020 to edit event text (bnp). (Entered: 07/14/2020)	RECAP
65	July 15, 2020	RESPONSE re 64 Notice (Other), Response to Defendant's Notice of Supplemental Authority filed by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Sparks, Adam) (Entered: 07/15/2020)	RECAP
66	July 16, 2020	NOTICE Of Filing Supplemental Authority by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short re 41 Response in Opposition to Motion (Attachments: # 1 Exhibit A - Nelson v. Warner Memorandum Opinion and Order)(Sparks, Adam) (Entered: 07/16/2020)	RECAP
67	Aug. 4, 2020	SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (ddm) (ADI) (Entered: 08/04/2020)	RECAP
68	Aug. 13, 2020	ORDER denying without prejudice 22 Motion for Preliminary Injunction; denying without prejudice 37 Motion to Dismiss; and granting Plaintiffs leave to file amended complaint. Signed by Judge Amy Totenberg on 8/13/2020. (hpc) (Entered: 08/13/2020)	Clearinghouse
69	Aug. 27, 2020	MOTION to Dismiss with Brief In Support by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley. (Tyson, Bryan) (Entered: 08/27/2020)	RECAP
70	Sept. 2, 2020	SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI) (Entered: 09/02/2020)	RECAP
71	Sept. 4, 2020	NOTICE of Supplemental Authority by Seth Harp, Anh Le, Brad Raffensperger, Rebecca Sullivan, David Worley re 69 MOTION to Dismiss Defendants' Renewed Motion to Dismiss Notice of Filing Supplemental Authority (Attachments: # 1 Exhibit A - Eleventh Circuit Opinion in Jacobson v. Fla. Secretary of State)(Tyson, Bryan) Modified on 9/8/2020 to edit text (rlb). (Entered: 09/04/2020)	RECAP
72	Sept. 9, 2020	Consent MOTION to Stay Case and to Extend Time to Respond to Defendants' Renewed Motion by DCCC, DNC Services Corp., DSCC, Democratic Party of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short. (Attachments: # 1 Text of Proposed Order)(Sparks, Adam) (Entered: 09/09/2020)	RECAP
73	Sept. 10, 2020	ORDER granting 72 Motion to Stay and to Extend Time to Respond to Defendants' Renewed Motion to Dismiss. The Court STAYS and ADMINISTRATIVELY CLOSES this case through the later of the Secretary of State's certification of the 2020 General Election results; or the Eleventh Circuit's decision to deny en banc review, or should it grant en banc review, the Eleventh Circuit's resolution of that review. The parties are to promptly file a joint notice upon the occurrence of the later of the events described. The Clerk of Court is DIRECTED to submit the joint notice upon filing. Plaintiffs shall file any brief responding the Defendants' renewed motion to dismiss 69 within seven days of the filing of the joint notice. Signed by Judge Amy Totenberg on 9/10/20. (rlb) (Entered: 09/10/2020)	RECAP
	Sept. 10, 2020	Submission of 72 Consent MOTION to Stay Case and to Extend Time to Respond to Defendants' Renewed Motion, to District Judge Amy Totenberg. (rlb)
	Sept. 10, 2020	Civil Case Terminated. (rlb)

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Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 1, 2019

Closing Date: Sept. 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The individual voters and political party organizations for Democratic Party

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Georgia Board of Elections

Georgia Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Northern District of Georgia 1:19-cv-04960

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Unknown

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - 2020

Issues

Voting:

Vote dilution

Voting: General & Misc.

Recommended Citation

Case Summary of S.P.S., Ex Rel. v. Raffensperger, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44700/ (last updated 1/16/2024).