Georgia Coalition for the Peoples' Agenda, Inc et al v. Deal et al

Filing 16

ORDER granting 2 Motion for Preliminary Injunction. As a result, Defendants are DIRECTED to extend the voter registration deadline for Chatham County from October 11, 2016 to October 18, 2016. Signed by Judge William T. Moore, Jr on 10/14/16. (jlm)

Case 4:16-cv-00269-WTM-GRS Document 16 Filed 10/14/16 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

GEORGIA COALITION FOR THE
PEOPLES' AGENDA, INC., as an
organization; GEORGIA STATE
CONFERENCE OF THE NAACP, as
an organization; and THIRD
SECTOR DEVELOPMENT, INC., as
an organization;

2

-

-

c-

Plaintiffs,
V

CASE NO. CV416-269

.

JOHN NATHAN DEAL, in his
official capacity as Governor
of Georgia, and BRIAN P.
KEMP, in his official
capacity as Secretary of
State for the State of
Georgia,
Defendants.

ORDER

Before the Court is Plaintiffs' Motion for Emergency
Preliminary Injunction. (Doc. 2.) The Court heard oral
argument from the parties on the morning of October 14,
2016. Plaintiffs' contend that the mandatory evacuations
imposed due to hurricane Matthew prevented potential voters
in Chatham County from registering for the upcoming
election on November 8, 2016. The registration deadline in

1

The Court is satisfied that Plaintiffs have standing to
bring their claims. See Fla. State Conference of N.A.A.C.P.
V. Browning, 522 F.3d 1153, 1160-64 (11th Cir. 2008)

(J)
(I).

Case 4:16-cv-00269-WTM-GRS Document 16 Filed 10/14/16 Page 2 of 5

Georgia is October 11, 2016. However, the Chatham County
Board of Elections office was closed from October 6 to
October 12, 2016. Moreover, post office closures and the
suspension of mail service during this period also
potentially prevented individuals from submitting their
registration applications. Finally, many individuals were
potentially unable to register, either in person or
electronically, due to evacuation or recovery efforts.
Given all these events, Plaintiffs argue that Defendants'
failure to extend the voter registration deadline violates
the 1st and 14th Amendments of the United States
Constitution, and Section 8 of the National Voter
Registration Act of 1993, 52 U.S.C. § 20507 (a) (1), which
requires states to process any voter registration form
received or postmarked at least 30 days prior to an
election.
In response, Defendants contend that extending the
deadline to October 18 will present significant
administrative burdens on the Chatham County Board of
Elections because early voting will have already begun on
October 17. Defendants maintain that requiring the
acceptance of new registrations after October 17 fails to
provide the Board with sufficient time to prepare and begin
early voting. Also, Defendants argue that the impacts of

2

Case 4:16-cv-00269-WTM-GRS Document 16 Filed 10/14/16 Page 3 of 5

Hurricane Matthew did not preclude individuals from
registering electronically.
The Court may grant injunctive relief only where the
moving party established that
(1) it has a substantial likelihood of success on
the merits; (2) irreparable injury will be
suffered unless the injunction issues; (3) the
threatened injury to the movant outweighs
whatever damage the proposed injunction may cause
the opposing party; and (4) if issued, the
injunction would not be adverse to the public
interest.
Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000). The
parties appear to agree that an individual's loss of the
right to vote is clearly an irreparable injury that
outweighs any damage caused by extending the deadline, and
that extending the deadline is not adverse to the public
interest. The parties disagree, however, on whether
Plaintiffs have established a substantial likelihood that
they would succeed on the merits of their claims.
While this Court harbors significant reservations
concerning the ultimate merits of Plaintiffs' claims, the
Court concludes that Plaintiffs have established a
sufficient likelihood of success to warrant injunctive
relief. An individual's ability to participate in local and
national elections is arguably the most cherished right
enshrined in our constitution. Indeed, our founding fathers

3

Case 4:16-cv-00269-WTM-GRS Document 16 Filed 10/14/16 Page 4 of 5

felt so strongly about their right to participate in the
electoral process that when deprived of it they took up
arms against their sovereign, risking life and home for
over eight years, to obtain that right.
In the final analysis, Defendants may not be under any
obligation to provide Chatham County residents with an
extension. Only time will tell. What is clear to the Court,
however, is that granting the extension would have been the
right thing to do. The Court does not discount that the
extension would present some administrative difficulty.
However, those administrative hurdles pale in comparison to
the physical, emotional, and financial strain Chatham
County residents faced in the aftermath of Hurricane
Matthew. Extending a small degree of common courtesy by
allowing impacted individuals a few extra days to register
to vote seems like a rather small consolation on behalf of
their government.
In any event, the Court is satisfied that Plaintiffs
have established a sufficient likelihood of success to
warrant injunctive relief. Accordingly, Plaintiffs' motion
is GRANTED. As a result, Defendants are DIRECTED to extend

4

Case 4:16-cv-00269-WTM-GRS Document 16 Filed 10/14/16 Page 5 of 5

the voter registration deadline for Chatham Count Y2 from
October 11, 2016 to October 18, 2016.
SO ORDERED this /f

—

day of October 2016.

e:5 ~0___1~- __
Iv
WILLIAM T. MOORE,.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

2

Based on the arguments presented at the hearing, the Court
declines Plaintiffs' invitation to extend the deadline
statewide or for any county other than Chatham.
5