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Fair Fight Issues Statement Responding to Georgia’s Gubernatorial and U.S. Senate Election Outcomes

Group remains steadfast in its commitment to protecting voters in Georgia and across the country, beginning with the Dec. 6 runoff to re-elect Sen. Raphael Warnock

ATLANTA一Fair Fight Executive Director Cianti Stewart-Reid issued the following statement in response to the outcome of the 2022 Georgia Gubernatorial election and U.S. Senate

“While last night did not go the way we hoped—for Stacey Abrams and for the people of Georgia—the Fair Fight team is proud to be part of the multi-racial, multi-generational coalition that worked tirelessly to break down barriers to the ballot box and drive record-breaking turnout in the face of Brian Kemp’s voter suppression law. 

The loss of the gubernatorial election is devastating. But despite Kemp prevailing, our work does not end on Election Day. Stacey Abrams founded this organization in order to protect and empower voters across the country; for that we will always be grateful. We remain steadfast in our mission and doubly committed to working toward a better Georgia—beginning with the re-election of U.S. Senator Raphael Warnock in the Dec. 6 runoff. We will not stand by while Governor Kemp and the far right continue to put people across the country in jeopardy. 

With the Senate hanging in the balance, we know our work to protect and educate voters across the country will be necessary. We will continue fighting to bring all eligible voices into the fold of our democracy. Onward.” 

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Statement from Fair Fight PAC

Fair Fight PAC was founded to promote equitable elections in Georgia. For years we have done just that, which is why it is important to us that we provide the communities we serve with information regardless of the potential impact. On October 13, Fair Fight PAC became aware that PAC funds may have been incorrectly paid to consultants.

Our first priority is to organize collective efforts to educate voters, which we will not lose sight of throughout this internal investigation. Fair Fight values transparency and accountability and will face any potential missteps head on. 

Right now, millions of voters are preparing to cast their ballots to determine the future of our state and their communities. At this pivotal moment—as anti-voter politicians continue working to erect barriers to the ballot box—Fair Fight remains steadfast in our commitment to ensuring that every eligible voter across Georgia has the opportunity to cast their ballot, have it counted, and make their voice heard. 

Fair Fight strives to serve with the utmost integrity, as is core to our values. We take these matters seriously and have initiated a comprehensive investigation. For questions, contact Fair Fight’s Director of Communications Xakota Espinoza (xakota@fairfightaction.com).

Fair Fight Action Remains Steadfast in Protecting Freedom to Vote Across Georgia and Nation, Uplifts Impact of Case Following Ruling

Fair Fight Action v. Raffensperger made history as the longest voting rights trial on Eleventh Circuit record, resulting in numerous pro-voter developments regardless of today’s ruling

ATLANTA一 Today, Judge Steve C. Jones issued a ruling in the landmark case Fair Fight Action v. Raffensperger. The lawsuit — filed in 2018, and tried in the United States District Court for the Northern District of Georgia earlier this year — made history as the longest voting rights trial on record in the Eleventh Circuit, and put real voters at the center of conversation about voting rights in Georgia.  

Fair Fight Action v. Raffensperger built an unprecedented and lasting record demonstrating the suppressive effects of the state’s election practices and amplified the stories of Georgians across the state who have faced undue burdens exercising their freedom to vote. This case, put simply, gave those voters a voice. 

As attacks on the freedom to vote continue to plague the nation ahead of the 2022 midterm elections, the Court ruled in favor of Brad Raffensperger, Georgia’s Secretary of State, and the State Election Board in the Fair Fight Action v. Raffensperger litigation. However, the significance and impact of this historic case is not diminished by the Court’s ruling. 

Prior to this case, a claim under Section 2 of the Voting Rights Act had not received a full trial on the merits in the Northern District of Georgia in more than a decade. The litigation provided a once-in-a-decade opportunity to challenge the constitutionality and legality of voting practices in federal court at a time when all eyes are on Georgia, and exposed discriminatory and burdensome features of Georgia’s elections system. As the Court recognized, the felon matching process challenged by Plaintiffs “creates a severe burden on voters . . . forc[ing] individual voters erroneously caught by the Secretary’s matching criteria to navigate administrative obstacles that are distinctly more burdensome than the obstacles that the Supreme Court and Eleventh Circuit have examined.”

Fair Fight Action Executive Director Cianti Stewart-Reid issued the following statement: 

“Despite the numerous and significant pro-voter developments that have already resulted from this case, we are nonetheless disappointed by the Court’s decision. In this moment of frustration, we also are here to remind the nation: Litigation is only one tool to fight against voter suppression. 

While Georgia voters must continue to wait for much-needed relief from Secretary of State Raffenspeger and the State Election Board’s suppressive elections practices, our trial was nothing short of historic — not just for the state, but for the nation. We are proud of what Fair Fight Action, our co-plaintiffs, and Georgians have achieved over the last four years. This trial was a testament to the resilience and determination of Georgia voters. Since 2018, this case has provided more than 3,000 Georgians with a platform to share their experiences. Their stories were not shared in vain. Rather, they enable Fair Fight Action and our allies to shine a light on the burdensome and discriminatory features of Georgia’s elections system while advocating for commonsense, pro-voter solutions.

The Court’s ruling today is no doubt a significant loss for the voting rights community in Georgia and across the country. However, it does not undermine the tireless work that Fair Fight Action and our allies continue to undertake to support Georgia voters and mitigate the obstacles they face to make their voices heard at the ballot box. Fair Fight Action will continue to support Georgians as they navigate the voting process and the hurdles placed in their way by SOS Raffensperger and the State Election Board’s policies and practices. 

The fight continues.”

Since the lawsuit was first filed in 2018, more than 150 Georgians from across the state voluntarily gave sworn deposition testimony on the barriers they faced accessing the ballot box. Those voters were joined by more than 3,000 voters and would-be voters who have shared their voting experience via written declarations since November 2018. And more than two-dozen voters, would-be voters, and poll workers also provided testimony, which is now part of the official court record of the proceedings. As the Court stated, “It is no small undertaking to sit for a deposition, to travel to a federal courthouse, or to swear an oath and testify in public before a federal court. The participation of these witnesses merits recognition.” We agree. 

Not only was Fair Fight Action v. Raffensperger the longest voting rights trial on record in the Eleventh Circuit — which includes the District Courts of Alabama, Florida, and Georgia — it was also the first voting rights case to receive a full trial on the merits in the Northern District of Georgia in the last decade. 

In the four years since the lawsuit was filed, meaningful strides have been made to improve ballot access and eliminate obstacles voters face becoming and staying registered to vote, and casting their ballot. By advocating on behalf of voters, Fair Fight Action and co-plaintiffs have forced accountability among elected and appointed government officials. Even without judicial relief, through this litigation Plaintiffs have successfully advocated for commonsense, pro-voter improvements to Georgia’s elections system, including but not limited to: 

• The reinstatement of 22,000+ voters who had been removed from the voting rolls as a direct result of Plaintiffs’ motion for preliminary injunction related to the 2019 Georgia Voter Purge; 
• An end to Secretary of State Raffensperger’s practice of keeping eligible Georgians off the active voter list if their application does not exactly match Department of Driver Services records, character-for-character;
• Improvements to the process of canceling an absentee ballot to vote in person; 
• Execution of an audit to identify thousands of Georgians wrongly excluded from the active voter list based on incorrect citizenship information; and
• Replacement of voting machines.

The litigation also exposed discriminatory and burdensome features of Georgia’s elections system, including:

• The disparate rate at which Black and brown voters are flagged by the Exact Match registration policy — ten times more likely than non-Hispanic white voters;
• That the Secretary of State’s Office was aware a federal court had determined the date-of-birth requirement for absentee ballots violated federal law but nonetheless supported inclusion of the requirement in SB 202; and
• The Secretary of State’s Office’s failure to maintain a reliable and quantifiable system for tracking, logging, analyzing, or responding to voter complaints.

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Closing Arguments Delivered in Fair Fight Action v. Raffensperger, Drawing Historic Trial to an End

Case marks the longest-running federal voting rights trial in the Eleventh Circuit on record, as Plaintiffs presented testimony from 50 witnesses—and the State presented only six

ATLANTA — Today, the parties delivered closing arguments in the landmark federal lawsuit Fair Fight Action, Inc. v. Raffensperger, drawing trial—which began over two months ago—to a close. Judge Steve C. Jones of the Northern District of Georgia has previously stated the Court will rule on the case ahead of the November General Election.

Fair Fight Action, Inc. v. Raffensperger began trial on April 11, 2022, more than three years after the lawsuit was filed. The case marks the longest-running federal voting rights trial heard in the United States Court of Appeals for the Eleventh Circuit on record.

Over the last two and a half months, Plaintiffs presented testimony from 50 witnesses, including voters and would-be voters, representatives from the co-plaintiff organization and churches, legal experts, Georgia Governor Brian Kemp, and other current and former state elections officials. Through the testimony and substantial documentary evidence presented, Plaintiffs demonstrated that Georgia voters are burdened at every state of the voting process as a result of the policies and practices of the Georgia Secretary of State and Georgia State Elections Board.

In her closing remarks, Lead Counsel for the Plaintiffs Allegra Lawrence-Hardy argued that the burdens faced by Georgia voters result from deliberate choices by the Secretary of State and State Elections Board. She described the reality of the landscape Defendants created that makes it harder to register, harder to stay registered, and ultimately, harder to vote. Plaintiffs recalled that there have been moments in our history when the federal courts have been required to step in to protect the rights guaranteed by the Constitution, and argued this case represents one of those moments.

“This suit put real voters at the center of conversation about voting rights in Georgia by amplifying the voices of Georgians across the state who have been burdened by the state’s election practices,” said Allegra Lawrence-Hardy, Lead Counsel for the Plaintiffs. “Through this trial, we are proud to have memorialized firsthand accounts of the experiences of Georgia voters, alongside data and historical context provided by a slate of leading voting rights experts. We have exposed previously unknown tactics implemented by the Secretary of State and State Elections Board which have the predictable effect of disenfranchising eligible voters. We are confident in the case presented, and believe we have built a record that supports action by the federal courts on behalf of Georgia voters.”

During trial, Plaintiffs presented evidence to support their claims that the Secretary of State and State Elections Board have engaged, and continue to engage, in practices that infringe upon various rights guaranteed under federal law. This includes the fundamental right to vote guaranteed by the First and Fourteenth Amendments, freedom from racial discrimination in voting in the Fifteenth Amendment, the promise of equal protection under the Fourteenth Amendment, and the protection from racially discriminatory voting practices afforded by Section Two of the Voting Rights Act of 1965.

The breadth of the constitutional and statutory challenges to the State’s election practices, the overwhelming weight of the evidence presented, and the historic length of the trial, reflect the gravity of the problems Georgians face when trying to become registered to vote, cast a ballot, and have their ballot counted.

“From the beginning, this lawsuit has been an opportunity to achieve real change on behalf of voters and would-be voters from across the state of Georgia who face obstacles trying to exercise their right to vote,” said Fair Fight Action Executive Director Cianti Stewart-Reid. “Georgia, like many Southern states, has a long history of suppressing the right to vote among people of color and marginalized communities. Through this case we have demonstrated that this suppression is not part of some sad and distant past, but rather continues to happen today. Our message to Georgia voters is clear: Fair Fight Action and our allies will not stand by. We will continue to fight to protect Georgians’ freedom to vote on every front.”

The Plaintiffs overcame the Defendants’ efforts to avoid a trial at every turn. Defendants unsuccessfully moved to dismiss the case in its entirety at the outset, they attempted to avoid meaningful discovery, and they even asked the Court to cut the trial short before presenting their own case – a motion the Court declined to rule on.

Fair Fight Action is seeking relief from the federal court on behalf of all Georgians and fighting to hold the Georgia State Election Board and the Secretary of State accountable for an elections system that violates Georgians’ voting rights guaranteed by federal law. The lawsuit seeks remedies to improve the Georgia elections system at each stage of the voting process: registration, casting a ballot, and having that ballot counted.
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