11th Circuit: Ga. Election Officials Have No Immunity in Paper Ballot Fight
U.S. District Judge Amy Totenberg had promised an expedited discovery if her ruling were upheld on appeal.
February 07, 2019 at 08:20 PM
4 minute read
The U.S. Court of Appeals for the Eleventh Circuit affirmed a federal judge's finding that a lawsuit seeking to force Georgia to return to paper ballots will likely succeed.
An appellate panel that included Circuit Judges William Pryor of Alabama, Robin Rosenbaum of Florida and U.S. District Chief Judge Michael Moore of the Southern District of Florida on Thursday held in a joint ruling that Georgia Secretary of State Brad Raffensperger and members of the state's election board are not entitled to immunity from liability. The Eleventh Circuit issued its ruling just a week after hearing oral arguments.
Former Georgia Gov. Roy Barnes and law partner John Salter of The Barnes Law Group are defending the election board and the secretary of state. Last September, they appealed U.S. District Judge Amy Totenberg's order declining to dismiss pending claims against state election officials. The lawsuit named then-Secretary of State Brian Kemp, now Georgia's governor, among others.
Totenberg, of the Northern District of Georgia, also rejected arguments that state officials had immunity. Salter could not immediately be reached for comment.
The plaintiffs—Georgia voters and the Coalition for Good Governance, a nonprofit organization dedicated to election transparency and a return to paper ballots, had sought a court order barring the state from using the electronic voting system during the midterm election. They contended it created “an unacceptable risk” that voters' ballots would not be accurately counted because hackers could intercept or modify them.
The Eleventh Circuit ruled that enjoining Georgia's use of electronic voting machines would not run violate state sovereignty because, “Suits are permitted when the plaintiff alleges that state election officials are conducting elections in a manner that does not comport with the Constitution.”
“Moreover,” the appellate court ruled, “plaintiffs do not seek a court order directing the precise way in which Georgia should conduct voting. Instead, [they] seek only injunctive and declaratory relief against a system that they decry as unconstitutionally unsecure.”
The court also determined that state officials “cannot claim legislative immunity because plaintiffs did not challenge legislative acts. Instead, [they] challenged the state defendants' implementation and execution of a state law and policy.”
“Moreover,” the panel added, “plaintiffs did not challenge the mere enactment of the law or election rules, they contended only that the state defendants' enforcement of that law in the future will burden their right to vote.”
Totenberg initially found on Sept. 17 that Georgia's current voting system posed “a concrete risk of alteration of ballot counts” that could affect the midterm vote. But she said “the eleventh-hour timing” of the request to immediately return to paper ballots “could just as readily jeopardize the upcoming election, voter turnout, and the orderly administration of the election.”
Totenberg promised at the time that if she were affirmed, she will put the case on an expedited schedule since “the 2020 elections are around the corner.”
Michael Qian, a Morrison & Foerster associate in Washington, D.C., who argued the appeal for the Georgia voters, applauded the Eleventh Circuit for its quick action “in rejecting defendants' arguments on appeal, which enables us to finally move forward with our case on the merits for the benefit of all Georgia voters.”
Coalition executive director Marilyn Marks and counsel Atlanta attorney Bruce Brown said they look forward to expedited discovery.
“It's time to get long overdue answers to the questions about systemic irregularities that occured in the November 2018 and prior elections,” Marks said. “Such information will greatly benefit voters, election officials and lawmakers as they must overhaul the state's voting system and reject unauditable electronic ballots.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
4 minute readTrump's Lawyers Speak Out: 'The President Had the Confidence to Retain Me'
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250