ATLANTA AND WASHINGTON, D.C. – Judge Christopher S. Brasher of Fulton County Superior Court heard arguments Monday morning on the lawsuit filed against Georgia Secretary of State, Brian Kemp, and three county boards of election on behalf of Third Sector Development, the parent organization of the New Georgia Project, the national NAACP, and the Georgia State Conference of the NAACP. The lawsuit seeks a writ of mandamus to require the Secretary of State and county boards of election to promptly process voter registration applications submitted by eligible voters in time for these citizens to cast a regular ballot in the midterm elections. The plaintiffs continue to demand immediate action to ensure that every voter who submitted a complete and valid application be immediately processed and placed on the rolls.
However, arguments from the defendants indicated a lack of urgency about the situation and questioned whether the failure to properly register these voters meets the “extraordinary” requirement for a successful writ of mandamus. The hearing concluded at noon with no immediate ruling.
Plaintiffs warned the judge of the consequences of inaction, noting that without timely information, voters will not be able to vote at their assigned precincts and may be forced to cast provisional ballots. Provisional ballots may be rejected by the counties, leaving the voter without any recourse. Lawyers also noted several deficiencies and discrepancies between the Georgia law and the practices imposed by the Secretary of State.
“The writ of mandamus shed light on the Secretary of State and local election officials’ voter registration system, and we now have more questions than answers. The rejection of qualified applicants due to flawed data systems and clerical errors are not acceptable in the 21st century. More importantly, the immediate impact of this flawed system is that tens of thousands of eligible Georgia voters may not able to vote. The right to vote is a constitutional right that should not be delayed or denied by technology glitches, clerical errors, or artificial deadlines that apply only to applicants and not to elections officials. We hope that the court recognizes the urgency of the approaching election and instructs the Secretary of State to act accordingly.”
– Julie M. Houk, Senior Special Counsel, Lawyers’ Committee for Civil Rights Under Law
While awaiting the outcome of today’s hearing, the plaintiffs continue to urge voters to contact their county officials and the Secretary of State’s office to guarantee they can vote by November 4. The lawsuit was brought by the Lawyers’ Committee for Civil Rights Under Law, Robins, Kaplan, Miller & Ciresi L.L.P, Sandler, Reiff, Lamb, Rosenstein & Birkenstock, P.C. and attorneys for the NAACP.
Since the initial filing, two counties, DeKalb and Chatham, have been dismissed from the case after a joint request from the county and plaintiffs.
