Eve of Election Voter Cases

The Eleventh Circuit Court of Appeals denied Brian Kemp’s request for an emergency stay of the injunction in the Martin case.  I posted the District Court’s injunction here.  The Court’s order stated that the panel’s vote was 2-1 and that formal opinions will follow.

In the same case, there was a further order by the District Court.  The Court (per May, D.J.) found that the imminence of the election required it to deny the requested relief (“Plaintiffs ask the Court to permit an absentee voter whose ballot is rejected to provide elections officials with a cure affidavit up until the close of business on the Friday after election day.”)

Finally, in another District Court case, (per Ross, D.J.) the Court ordered Kemp act immediately as follows to:

1. Allow county election officials to permit eligible voters who registered to vote, but who are inaccurately flagged as non-citizens to vote a regular ballot by furnishing proof of citizenship to poll managers or deputy registrars.

2. Update the “Information for Pending Voters” on the Secretary of State’s website so that it provides (a) clear instructions and guidance to voters in pending status due to citizenship and (b) a contact name and telephone number that individuals may call with questions about the pending status due to citizenship.

3. Direct all county registrars, deputy registrars, and poll managers on how to verify proof of citizenship to ensure that they can properly confirm citizenship status consistent with this order

4. Issue a press release (a) accurately describing how an individual flagged and placed in pending status due to citizenship may vote in the upcoming election, as set forth herein; and (b) providing a contact name and telephone number that individuals may call with questions about the pending status due to citizenship.

5. Direct the county boards of elections to post a list of acceptable documentation to prove citizenship, which includes a naturalization certificate, birth certificate issued by a state or territory within the UnitedStates, U.S. passport, and other documents or affidavits explicitly identified by Georgia law and listed on the Georgia Secretary of State’s website, at polling places on Election Day.

One thought on “Eve of Election Voter Cases”

  1. So what happens if Kemp fails to ensure compliance with the order? Seriously. What level of noncompliance (especially in the informing of the public and the instructing of officials) would result in anything but a stern letter?

Comments are closed.