FIGHTING AGAINST VOTER INTIMIDATION: FAIR FIGHT, INC. V. TRUE THE VOTE
Fair Fight, Inc. is challenging the suppressive tactics of Texas-based organization, True the Vote, and its attempts to intimidate thousands of Georgia voters through illegal voter challenges intended to keep Georgians from exercising their fundamental right to vote.
Summary judgment briefing concluded on July 5, 2022. In their summary judgment briefing, Plaintiffs asked the Court to rule that no outstanding questions of fact remain, and Plaintiffs are entitled to judgment in their favor and against True the Vote and its co-Defendants. The parties are awaiting the Court’s decision to determine if the case will proceed to trial.
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ABOUT THE CASE:
Section 11(b) of the Voting Rights Act of 1965 (“VRA”) outlaws any acts that are objectively likely to intimidate voters. Knowing the history of voter suppression and intimidation in this country, and particularly the state of Georgia, True the Vote and the other defendants in the lawsuit took affirmative steps to intimidate voters and try to keep them from voting in violation of § 11(b) of the VRA.
In the wake of the 2020 General Election, which saw historic turnout across the country, elected officials unhappy with the election results attempted to curb voter enthusiasm and this country’s expanding participation in the political process by perpetuating and fostering the Big Lie that election results were due to voter fraud. Although courts and elections officials across the country (and in Georgia) repeatedly found claims of widespread voter fraud to be wholly without merit, Defendants used the Big Lie as the basis to launch preemptive attacks to challenge the eligibility to vote of more than 364,000 Georgians in advance of the senate run-off, many of whom were Black and brown voters and first-time voters, on the grounds that these voters no longer reside in the State of Georgia. The challenges were false and meritless, and based on purported lists of names culled from the U.S. Postal Service National Change of Address (“NCOA”) registry— a notoriously unreliable means of determining voter eligibility. In their challenges, Defendants also failed to consider the numerous reasons an individual may file a NCOA form, yet still be eligible to vote in Georgia, particularly in the midst of a global pandemic.
To address the violations of federal law, Fair Fight, Inc. has sought relief from the federal court. Fair Fight is demanding that the court declare Defendants’ actions illegal, enjoin Defendants’ activities, and require True the Vote to cease all operations in Georgia.