Case: The Democratic Party of Georgia v. Crittenden

1:18-cv-05181 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 11, 2018

Closed Date: Jan. 14, 2019

Clearinghouse coding complete

Case Summary

On November 11, 2018, The Democratic Party of Georgia, Inc., and AFG Group Inc., a nonprofit doing business as Stacey Abrams for Governor, filed a class action complaint against (1) the Secretary of State for Georgia, (2) members of the Gwinnett County Board of Registration and Elections, (3) members of the DeKalb County Board of Registration and Elections, and (4) a class of defendants comprised of superintendents and boards of elections for each of the 159 counties in Georgia.  The complaint …

On November 11, 2018, The Democratic Party of Georgia, Inc., and AFG Group Inc., a nonprofit doing business as Stacey Abrams for Governor, filed a class action complaint against (1) the Secretary of State for Georgia, (2) members of the Gwinnett County Board of Registration and Elections, (3) members of the DeKalb County Board of Registration and Elections, and (4) a class of defendants comprised of superintendents and boards of elections for each of the 159 counties in Georgia.  The complaint focused on two types of relief: (1) declaratory and injunctive relief requiring the acceptance of absentee ballots that had been rejected and (2) injunctive relief related to provisional ballots. 

On November 12, 2018, plaintiffs filed an Emergency Motion for Temporary Restraining Order and Preliminary Injunction and requested an immediate, emergency hearing. The court convened a hearing on the emergency motion and heard arguments the following day.   

After the hearing and review of submissions made by the parties, the court issued an order ruling on a number of issues on November 14, 2018.  The court found that the plaintiffs had not met the requirements for certification of a class action, so the ruling was limited to the named plaintiffs. The court held that absentee mail-in ballots rejected solely because of an omitted or erroneous birth date must be counted, and found that plaintiffs had met their burden of showing a substantial likelihood of success on the merits.  Regarding  provisional ballots, the court found that plaintiffs had not demonstrated with sufficient evidence that they were entitled to preliminary injunctive relief and denied plaintiffs' requests related to provisional ballots, such as allowing for extra time to cure.  The court formally enjoined the Georgia Secretary of State from certifying the election results until each county's returns included counts for absentee ballots previously rejected due to an omitted or incorrect birth date. 

On January 11, 2019, the parties stipulated to a dismissal.

Summary Authors

Angela Morrison (5/24/2025)

Related Cases

Common Cause Georgia v. Kemp, Northern District of Georgia (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8168417/parties/the-democratic-party-of-georgia-inc-v-crittenden/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Anderson, Kimberly K. (Georgia)

Belinfante, Joshua Barrett (Georgia)

Bryan, Bennett Davis (Georgia)

Collins, William Coppedge (Georgia)

Correia, Cristina (Georgia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:18-cv-05181

Complaint

Nov. 11, 2018

Nov. 11, 2018

Complaint
4

1:18-cv-05181

Emergency Motion for Preliminary Injunction and Incorporated Memorandum of Law in Support

Nov. 12, 2018

Nov. 12, 2018

Pleading / Motion / Brief
12

1:18-cv-05181

Gwinnett County Defendants Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
14

1:18-cv-05181

Secretary of State's Response to Plaintiff's Motion for Preliminary Injunction

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
16

1:18-cv-05181

Intervenor Defendant Georgia Republican Party's Brief in Opposition to Plaintiff's Motion for Temporary Restraining Order

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
19

1:18-cv-05181

Dekalb Board of Elections' Response to Plaintiffs' Emergency Motion for Preliminary Injunction

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
21

1:18-cv-05181

Motion of Georgia Republican Party to Intervene

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
34

1:18-cv-05181

Minute Sheet for Proceedings Held in Open Court on 11/13/2018

Nov. 13, 2018

Nov. 13, 2018

Order/Opinion
36

1:18-cv-05181

Plaintiff's Response to Court's Request for Information at Emergency Motion Hearing

Nov. 13, 2018

Nov. 13, 2018

Pleading / Motion / Brief
40

1:18-cv-05181

Order on Intervenor Defendant Georgia Republican Party's Motion to Intervene

Nov. 14, 2018

Nov. 14, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8168417/the-democratic-party-of-georgia-inc-v-crittenden/

Last updated March 18, 2026, 5:31 a.m.

ECF Number Date Description Link
1 Nov. 11, 2018

CLASS ACTION COMPLAINT with Injunctive Relief (Filing fee $400, receipt number 113E-8266051) filed by The Democratic Party of Georgia, Inc. and AFG Group Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(rjs) 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: 11/13/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet

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Clearinghouse
4 Nov. 12, 2018

MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED with Brief In Support by AFG Group Inc and The Democratic Party of Georgia, Inc. (Attachments: # 1 Text of Proposed Order)(rjs) (Entered: 11/13/2018)

1 Text of Proposed Order

View on PACER

Clearinghouse
5 Nov. 12, 2018

AFFIDAVIT of Rachel Knowles by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
7 Nov. 12, 2018

AFFIDAVIT of Terekesha Graves by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
8 Nov. 12, 2018

AFFIDAVIT of Lona Tate by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
10 Nov. 12, 2018

AFFIDAVIT of Lauren Groh-Wargo by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
11 Nov. 12, 2018

AFFIDAVIT of Rebecca DeHart by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
13 Nov. 12, 2018

AFFIDAVIT of Quinn Mulholland by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

RECAP
15 Nov. 12, 2018

NOTICE Of Filing Emergency Motion for Preliminary Injunction and Request for Emergency Hearing by AFG Group Inc and The Democratic Party of Georgia, Inc. (rjs) (Entered: 11/13/2018)

Clearinghouse
2 Nov. 13, 2018

NOTICE of Appearance by William Coppedge Collins, Jr on behalf of Robyn A. Crittenden (Collins, William) (Entered: 11/13/2018)

RECAP
3 Nov. 13, 2018

NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 11/13/2018)

RECAP
6 Nov. 13, 2018

Consent MOTION for Leave to File Excess Pages by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Text of Proposed Order)(Tyson, Bryan) (Entered: 11/13/2018)

RECAP
9 Nov. 13, 2018

NOTICE of Supplemental Authority by AFG Group Inc, The Democratic Party of Georgia, Inc. (Attachments: # 1 Exhibit 1)(Knapp, Halsey) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

RECAP
12 Nov. 13, 2018

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Attachments: # 1 Exhibit A - Declaration of Lynn Ledford)(Tyson, Bryan) (Entered: 11/13/2018)

1 Exhibit A - Declaration of Lynn Ledford

View on RECAP

Clearinghouse
14 Nov. 13, 2018

RESPONSE to 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Robyn A. Crittenden. (Attachments: # 1 Exhibit)(Collins, William) Modified on 11/13/2018 to correct text to pleading filed and add hyperlink (rjs). (Entered: 11/13/2018)

1 Exhibit

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Clearinghouse
16 Nov. 13, 2018

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Georgia Republican Party, Inc.. (Attachments: # 1 Exhibit)(Belinfante, Joshua) Modified on 11/13/2018 to edit text (rjs). (Entered: 11/13/2018)

1 Exhibit

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Clearinghouse
17 Nov. 13, 2018

NOTICE Of Filing Plaintiffs' Additional Declarations in Support of Their Emergency Motion for Preliminary Injunction by AFG Group Inc re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED (Attachments: # 1 Affidavit David J. Worley, # 2 Affidavit Chrystian Woods, # 3 Affidavit John DeLapp, # 4 Affidavit Taylor Buettner)(Knapp, Halsey) (Entered: 11/13/2018)

RECAP
18 Nov. 13, 2018

Electronic Summons Issued as to Beauty Baldwin, Michael Coveny, Robyn A. Crittenden, Stephen Day, Anthony Lewis, John Mangano, Alice O'Lenick, Leona Perry, Ben Satterfield, Samuel Tillman and Baoky Vu. (Attachments: # 1 Summons Anthony Lewis, # 2 Summons Baoky Vu, # 3 Summons Beauty Baldwin, # 4 Summons Ben Satterfield, # 5 Summons John Mangano, # 6 Summons Leona Perry, # 7 Summons Michael Coveny, # 8 Summons Robyn A. Crittenden, # 9 Summons Samuel Tillman, # 10 Summons Stephen Day)(rjs) (Entered: 11/13/2018)

RECAP
19 Nov. 13, 2018

RESPONSE re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu. (Ware, R.) Modified on 11/13/2018 to edit text (bnw). (Entered: 11/13/2018)

Clearinghouse
20 Nov. 13, 2018

NOTICE of Appearance by Adam Martin Sparks on behalf of AFG Group Inc, The Democratic Party of Georgia, Inc. (Sparks, Adam) (Entered: 11/13/2018)

RECAP
21 Nov. 13, 2018

MOTION to Intervene with Brief In Support by Georgia Republican Party, Inc.. (Attachments: # 1 Brief [Exh 1], # 2 Exhibit [Exh 2] Proposed defensive pleading, # 3 Text of Proposed Order [Exh 3])(Belinfante, Joshua) (Entered: 11/13/2018)

1 Brief [Exh 1]

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2 Exhibit [Exh 2] Proposed defensive pleading

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3 Text of Proposed Order [Exh 3]

View on PACER

Clearinghouse
22 Nov. 13, 2018

NOTICE Of Filing Supplemental Filing In Support Of Intervenor Defendant Georgia Republican Partys Brief In Opposition To Plaintiffs Motion For Temporary Restraining Order by Georgia Republican Party, Inc. re 16 RESPONSE in Opposition (Attachments: # 1 Exhibit, # 2 Exhibit)(Belinfante, Joshua) Modified on 11/13/2018 to edit text (rjs). (Entered: 11/13/2018)

RECAP
23 Nov. 13, 2018

NOTICE of Appearance by Kurt G. Kastorf on behalf of AFG Group Inc, The Democratic Party of Georgia, Inc. (Kastorf, Kurt) (Entered: 11/13/2018)

RECAP
24 Nov. 13, 2018

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Georgia Republican Party, Inc. (Belinfante, Joshua) (Entered: 11/13/2018)

RECAP
25 Nov. 13, 2018

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Georgia Republican Party, Inc. (Russo, Vincent) (Entered: 11/13/2018)

RECAP
26 Nov. 13, 2018

NOTICE of Appearance by William Ryan Teague on behalf of Georgia Republican Party, Inc. (Teague, William) (Entered: 11/13/2018)

RECAP
27 Nov. 13, 2018

NOTICE of Appearance by Kimberly K. Anderson on behalf of Georgia Republican Party, Inc. (Anderson, Kimberly) (Entered: 11/13/2018)

RECAP
28 Nov. 13, 2018

NOTICE of Appearance by Brian Edward Lake on behalf of Georgia Republican Party, Inc. (Lake, Brian) (Entered: 11/13/2018)

RECAP
29 Nov. 13, 2018

NOTICE Of Filing Additional Declaration re 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by AFG Group Inc, The Democratic Party of Georgia, Inc. (Attachments: # 1 Second Declaration of John DeLapp)(Sparks, Adam) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

RECAP
30 Nov. 13, 2018

NOTICE of Supplemental Authority by AFG Group Inc, Georgia Republican Party, Inc. (Attachments: # 1 Exhibit Exhibit A: Judge May Order)(Kastorf, Kurt) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

RECAP
31 Nov. 13, 2018

NOTICE of Appearance by R. David Ware on behalf of Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu (Ware, R.) (Entered: 11/13/2018)

RECAP
32 Nov. 13, 2018

NOTICE of Appearance by Cristina Correia on behalf of Robyn A. Crittenden (Correia, Cristina) (Entered: 11/13/2018)

RECAP
33 Nov. 13, 2018

AFFIDAVIT of Chris Harvey by Robyn A. Crittenden. (Collins, William) (Entered: 11/13/2018)

RECAP
34 Nov. 13, 2018

Minute Entry for proceedings held before Judge Steve C. Jones: Motion Hearing held on 11/13/2018 re 21 MOTION to Intervene filed by Georgia Republican Party, Inc.,and 4 MOTION for Temporary Restraining Order filed by The Democratic Party of Georgia, Inc. and AFG Group Inc. Plaintiffs informed the Court they are not opposed the Motion to Intervene as filed by the Georgia Republican Party 21 . Oral argument heard on Plaintiffs' Motion for TRO/preliminary injunction 4 . Order(s) to follow granting motion tointervene and ruling on motion for TRO. (Court Reporter Jana Colter)(pdw) (Entered: 11/13/2018)

Clearinghouse
35 Nov. 13, 2018

RESPONSE General Submission in Response to Court's Request for Information 34 Motion Hearing filed by Georgia Republican Party, Inc. (Belinfante, Joshua) (Entered: 11/13/2018)

RECAP
36 Nov. 13, 2018

NOTICE Of Filing Plaintiff's Response to Court's Request for Information at Emergency Hearing by AFG Group Inc, The Democratic Party of Georgia, Inc. re 34 Motion Hearing (Sparks, Adam) (Entered: 11/13/2018)

Clearinghouse
37 Nov. 13, 2018

CORRECTED NOTICE Of Filing Plaintiff's Response to Court's Request for Information at Emergency Hearing by AFG Group Inc, The Democratic Party of Georgia, Inc. re 36 Notice of Filing, 34 Motion Hearing (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sparks, Adam) Modified on 11/14/2018 to edit text (rjs). (Entered: 11/13/2018)

RECAP
39 Nov. 13, 2018

Minute Entry for proceedings held before Judge Steve C. Jones: Plaintiffs informed the Court they are not opposed the Motion to Intervene as filed by the Georgia Republican Party 21 . Oral argument heard on Plaintiffs' Motion for TRO/preliminary injunction 4 . Order(s) to follow granting motion to intervene and ruling on motion for TRO. 4 Motion for TRO: TAKEN UNDER ADVISEMENT. 21 Motion to Intervene: TAKEN UNDER ADVISEMENT. (Court Reporter Jana Colter)(rjs) (Entered: 11/14/2018)

RECAP
Nov. 13, 2018

Submission to District Judge

Nov. 13, 2018

Notification of Docket Correction

Nov. 13, 2018

Notice of Hearing on Motion

Nov. 13, 2018

Submission of 1 Complaint with TRO and Injunctive Relief, 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and 15 Notice of Filing to District Judge Steve C. Jones. (rjs)

Nov. 13, 2018

Notification of Docket Correction re 14 RESPONSE to 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Robyn A. Crittenden. (Attachments: # 1 Exhibit)(Collins, William) Modified on 11/13/2018 to correct text to pleading filed and add hyperlink (rjs). (rjs)

Nov. 13, 2018

NOTICE of Hearing on Motions: the Court will hear argument and/or evidence on Plaintiffs' 4 MOTION for Temporary Restraining Order and the 21 MOTION to Intervene as filed by Georgia Republican Party, Inc. today, 11/13/2018, at 03:00 PM in ATLA Courtroom 1907 before Judge Steve C. Jones. (pdw)

38 Nov. 14, 2018

RESPONSE to Court's Request for Information re 34 Motion Hearing filed by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) (Entered: 11/14/2018)

RECAP
40 Nov. 14, 2018

ORDER: The Court ORDERS that the Proposed Intervenor Defendant's 21 Motion to Intervene is GRANTED, and leave is GRANTED for them to intervene in the above-captioned case. Signed by Judge Steve C. Jones on 11/14/2018. (rjs) (Entered: 11/14/2018)

Clearinghouse
41 Nov. 14, 2018

ORDER granting 6 Motion for Leave to File Excess Pages and authorizes the filing of a brief of up to 30 pages in length. Signed by Judge Steve C. Jones on 11/14/2018. (rjs) (Entered: 11/14/2018)

RECAP
42 Nov. 14, 2018

RESPONSE Submittal In Response to The Court's Request for Information re 34 Motion Hearing filed by Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu and Michael Coveny. (Ware, R.) Modified on 11/16/2018 to edit filer information (rjs). (Entered: 11/14/2018)

RECAP
43 Nov. 14, 2018

NOTICE of Appearance by Bennett Davis Bryan on behalf of Michael Coveny, Anthony Lewis, Leona Perry, Samuel Tillman, Baoky Vu (Bryan, Bennett) (Entered: 11/14/2018)

RECAP
44 Nov. 14, 2018

ORDER: Plaintiffs' Emergency Motion for Preliminary Injunction 4 is GRANTED IN PART AND DENIED IN PART. Plaintiffs have shown that they are entitled to preliminary injunctive relief as to the absentee ballot (date of birth) issue. Plaintiffs have not shown that they are entitled to preliminary injunctive relief as to the absentee ballot (residence)issue and provisional ballot issues. The Court specifically DENIES Plaintiffs' request to extend the cure period and require the counting of out-of-county of residence provisional ballots.The Secretary of State is ENJOINED from certifying the State Election results until she has confirmed that each countys returns include the counts for absentee ballots where the birth date was omitted or incorrect. Signed by Judge Steve C. Jones on 11/14/2018. (pdw) (Entered: 11/14/2018)

Clearinghouse
45 Nov. 15, 2018

ANSWER to 1 COMPLAINT in Intervention by Georgia Republican Party, Inc.. Discovery ends on 4/15/2019.(Belinfante, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/15/2018)

Clearinghouse
46 Nov. 15, 2018

NOTICE Supplemental Response to Request for Information 38 Response by Beauty Baldwin, Stephen Day, John Mangano, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) (Entered: 11/15/2018)

Clearinghouse
47 Jan. 11, 2019

STIPULATION of Dismissal by AFG Group Inc, The Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 01/11/2019)

Clearinghouse
Jan. 14, 2019

Clerk's Entry of Dismissal APPROVING 47 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rjs)

Jan. 14, 2019

Civil Case Terminated. (rjs)

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. 11, 2018

Closing Date: Jan. 14, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Democratic Party of Georgia, Inc. - a state committee as defined by 52 USC s. 30101(15) and the official Democratic Party organization of the state of Georgia and AFG Group, Inc. - a registered Georgia corporation d/b/a Stacey Abrams for Governor, organized for political activity purposes supporting Abrams campaign for governor, which represents a diverse group of stakeholders, including elected officials, candidates for elected office, state committee members, advisory caucuses, affiliate groups, grassroots activities, and active voters.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Dekalb County

Gwinnett County

Other

State of Georgia

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Georgia 1:18-cv-05181

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Vote Counting

Issues

Voting:

Election administration

Voter qualifications

Voter registration rules

Recommended Citation