Anderson et al v. Raffensperger et al

Filing 92

MOTION for Preliminary Injunction with Brief In Support by Sara Alami, Lucille Anderson, Gianella Contreras Chavez, DSCC, Democratic Party of Georgia, Inc.. (Attachments: #1 Memorandum in Support of Motion, #2 Proposed Order)(Sparks, Adam)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
LUCILLE ANDERSON, SARA ALAMI,
GIANELLA CONTRERAS CHAVEZ,
DSCC, and DEMOCRATIC PARTY OF
GEORGIA, INC.,
Plaintiffs,
v.
BRAD RAFFENSPERGER, in his official
capacity as the Georgia Secretary of State
and the Chair of the Georgia State Election
Board; REBECCA N. SULLIVAN, DAVID
J. WORLEY, MATTHEW MASHBURN,
and ANH LE, in their official capacities as
Members of the Georgia State Election
Board; MARY CAROLE COONEY,
MARK WINGATE, VERNETTA
NURIDDIN, KATHLEEN RUTH, and
AARON JOHNSON, in their official
capacities as Members of the FULTON
County Board of Registration and Elections;
SAMUEL E. TILLMAN, ANTHONY
LEWIS, SUSAN MOTTER, DELE
LOWMAN SMITH, and BAOKY N. VU, in
their official capacities as Members of the
DEKALB County Board of Registration and
Elections; PHIL DANIELL, FRED AIKEN,
JESSICA M. BROOKS, NEERA BAHL,
and DARRYL O. WILSON, JR., in their
official capacities as Members of the COBB
County Board of Elections and Registration;
JOHN MANGANO, BEN SATTERFIELD,
WANDY TAYLOR, STEPHEN DAY, and
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Civil Action No. 1:20-cv-03263-MLB

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ALICE O’LENICK, in their official
capacities as Members of the GWINNETT
County Board of Registrations and
Elections; THOMAS MAHONEY III,
MARIANNE HEIMES, MALINDA
HODGE, ANTWAN LANG, and DEBBIE
RAUERS, in their official capacities as
Members of the CHATHAM County Board
of Elections; CAROL WESLEY,
DOROTHY FOSTER HALL, PATRICIA
PULLAR, DARLENE JOHNSON, and
DIANE GIVENS, in their official capacities
as Members of the CLAYTON County
Board of Elections and Registrations;
DONNA CRUMBLEY, DONNA MORRISMCBRIDE, ANDY CALLAWAY, ARCH
BROWN, and MILDRED SCHMELZ, in
their official capacities as Members of the
HENRY County Board of Elections and
Registration; MYESHA GOOD, DAVID C.
FEDACK, ROBERT PROCTOR, DANIEL
ZIMMERMANN, and MAURICE HURRY,
in their official capacities as Members of the
DOUGLAS County Board of Elections and
Registration; and RINDA WILSON,
HENRY FICKLIN, HERBERT
SPANGLER, CASSANDRA POWELL,
and MIKE KAPLAN, in their official
capacities as members of the MACONBIBB County Board of Elections,
Defendants.
ORDER GRANTING PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

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This Court has considered Plaintiffs’ motion for preliminary injunction,
supporting authorities, the response from the Defendants, and the evidence and
pleadings of record, and finds that: (1) Plaintiffs are likely to succeed on the merits
of their First and Fourteenth Amendment claims; (2) Plaintiffs will suffer irreparable
injury unless this Court issues an injunction granting relief; (3) the threatened injury
to Plaintiffs outweighs possible harm that the injunction may cause the opposing
party; and (4) the injunction is in the public interest. GeorgiaCarry.org v. U.S. Army
Corps of Eng’rs, 788 F.3d 1318, 1322 (11th Cir. 2015). The Court thus finds that
Plaintiffs have clearly established their burden of persuasion as to each of these four
prerequisites, and accordingly, Plaintiffs’ motion is GRANTED.
IT IS ORDERED:
a. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall utilize established wait-time
minimization calculations at each polling location within Defendant Counties
to allocate voting machines, poll pads, scanners, and technicians in a way
reasonably calculated to minimize wait times, using (1) the M/M/c queue
formula provided in the Expert Declaration of Dr. Muer Yang, or (2)

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proposing an equivalent approach that is reasonably calculated to minimize
wait times for this Court’s review and approval.
b. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall supply each polling location within
Defendant Counties with sufficient emergency paper ballots in the case of
voting machine malfunction, sufficient paper poll pads in case of electronic
poll book malfunction, and sufficient drop boxes for paper ballots in the event
of scanner malfunction (the “emergency backup supplies”). Such Defendants
will also enact a policy that requires poll workers to utilize the emergency
backup supplies whenever the last voter in line is expected to or does in fact
wait 30 minutes or more to cast a ballot.
c. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall enact a policy requiring poll workers
to consistently monitor and record wait times every 30 minutes at polling
places to (1) determine whether wait times to cast ballots exceed 30 minutes
and, accordingly, require use of a backup system detailed above, and (2) to
maintain records regarding wait times.
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d. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall ensure that there are sufficient poll
workers at each polling location within each of the Defendant Counties to
operate all poll books and assist voters where necessary.
e. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall ensure that poll workers at polling
locations within each of the Defendant Counties are adequately trained to
operate all components of the voting system, including the electronic pollbook, ballot-marking device, printer, and scanner.
f. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall ensure that there are sufficient
technicians available for deployment to each polling place within each of the
Defendant Counties on less than 30 minutes notice.
g. Defendants, their officers, employees, and agents, and all persons acting in
active concert or participation with Defendants, or under Defendants’
supervision, direction, or control shall enact policies requiring that the
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functionality of polling equipment at each polling location be adequately
tested at such polling location within a reasonable time before the location
opens to ensure that all machines are operational when the polling location
opens.
h. Within one month after the November 3, 2020 election, Defendants, their
officers, employees, and agents, and all persons acting in active concert or
participation with Defendants, or under Defendants’ supervision, direction, or
control shall report back to this Court and all parties the wait times recorded
pursuant to Paragraph C for each polling location, as well as average wait
times, the number of voters at each polling location, and complaints received.

SO ORDERED, this ____ day of September, 2020.

______________________________
The Honorable Michael L. Brown
United States District Judge
Northern District of Georgia

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