Fighting Back for Voters: Fair Fight Action v. Raffensperger

Legal Action

Fair Fight Action is challenging Georgia’s unconstitutional elections policies and procedures in a historic federal lawsuit against the Georgia Secretary of State and Board of Elections.

ABOUT THE CASE:

The fight for voting rights and freedom from systemic voter suppression must happen on multiple fronts: advocacy, legislation, and litigation.

The United States Constitution and other federal laws guarantee the right to vote to all American citizens.

During the 2018 and subsequent elections, and building on a long-history of suppressing the right to vote, the Secretary of State and the Georgia State Election Board violated federal voting-rights laws. They created and enforced unconstitutional and otherwise unlawful policies, engaged in gross mismanagement, and failed to fulfill their statutory duty to ensure uniform application of election laws across Georgia’s 159 counties. The result of their failed policies has created election systems and procedures that have unconstitutionally burdened the fundamental right to vote and has particularly burdened the rights of people of color. Fair Fight Action has sought relief from the federal court to enforce federal protections and correct violations of federal law.

To address the violations of Georgians’ voting rights guaranteed by federal law, our lawsuit demands improvements to the Georgia elections system from top to bottom.

Our lawsuit, initially filed in November 2018, seeks to hold Georgia accountable for an elections system that violates various rights of Georgia voters under federal law, including:

  • The Fundamental Right to Vote in the First Amendment;
  • The Ban on Racial Discrimination in Voting in the Fifteenth Amendment;
  • The Equal Protection Clause of the Fourteenth Amendment; and
  • Section Two of the Voting Rights Act of 1965.

Fair Fight Action is asking the Court to implement a remedy that includes:

  • Ending Georgia’s “Exact Match” policy
  • Ensuring uniform election procedures in all 159 counties of Georgia
  • Ensuring that absentee ballot procedures are followed properly and consistently
  • Ensuring efficient, just, and fair elections across Georgia

This lawsuit, while focused on transforming the unacceptable, unlawful, and unconstitutional elections system in Georgia, is one that Fair Fight Action believes will further pave the way for free and fair elections nationwide. When our right to vote is imperiled in any state, all Americans are threatened.

CASE STATUS

The Court reviewed and ruled on summary judgment briefings regarding the merits of the case and jurisdictional arguments. Summary judgment is a pre-trial motion in which one party argues the case, or certain claims in the case, should not go to trial because there are no facts that remain to be determined by a jury or fact-finder, and based on the law, the opposing party should not prevail on the case or claims. After summary judgment, the following claims remain in the case and will be presented during a trial that will be determined by the Court:

  • Georgia failed to properly train poll workers on the correct procedures for in-person absentee ballot cancellations in violation of the fundamental right to vote guaranteed by the First and Fourteenth Amendments and the Fourteenth Amendment Equal Protection Clause; and
  • Georgia’s Exact Match Policy violates the fundamental right to vote guaranteed by the First and Fourteenth Amendments, the Fourteenth Amendment Equal Protection Clause, and the Fifteenth Amendment.

    Fair Fight Action’s claims that Georgia violated the Voting Rights Act of 1965 are stayed until the United States Supreme Court issues its decision in Arizona Republican Party v. Democratic National Committee, 141 S. Ct. 221 (Mem.) (2020) (No. 19-1258). The Supreme Court’s decision is expected by the end of June 2021.

FOLLOW THE CASE

Voter Statements

To illustrate our claims and shine a spotlight on the broken elections system of Georgia, Fair Fight Action has gathered statements from hundreds of Georgia voters in every region of our state.

If you are a Georgia voter who is interested in sharing the story of the issues you experienced while voting, or attempting to vote, in the 2018 election cycle or any subsequent election, including the 2020 primary election, the 2020 General Election, and the 2021 senate run-off election, please share your story.

Press Releases

Media Coverage

The lawsuit challenging Georgia’s entire elections system, explained

More than two months after voting rights groups filed the suit, Georgia elections officials are calling for it to be dismissed.

Georgia Gov. Brian Kemp Ordered to Answer Questions About Election Lawsuit

A federal judge has ordered Georgia Gov. Brian Kemp to answer questions about his statements on minority voter registration and his oversight of election investigations.

Pulpit power: Churches join Abrams group’s elections lawsuit

The new additions are Ebenezer Baptist Church, the spiritual home of Martin Luther King Jr.; Baconton Missionary Church; Virginia-Highland Church; and The Sixth Episcopal District, which represents more than 500 African Methodist Episcopal churches in Georgia.

Judge: Lawsuit over Georgia voting issues can move forward

A lawsuit challenging Georgia’s election system can move forward, a judge ruled Thursday in the legal case filed by a group founded by former Democratic gubernatorial candidate Stacey Abrams.

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