Below is an update and summary of the legal cases pending from the Democratic Party of Georgia and the Abrams for Governor Campaign as they pertain to the as yet undecided race for Georgia Governor. The campaign is using every tool available and keeping all options on the table to ensure that every single vote is counted.
If you faced challenges voting, call our Voter Protection Hotline to report your issue and to ascertain whether we can still help ensure your vote was counted:
As of Wednesay, November 14, 2018 at 2:00 pm
The current numbers:
Total votes cast:3,938,582
Votes for Stacey Abrams: 1,923,185
Votes for Brian Kemp: 1,978,170
Votes for Ted Metz: 37,227
Votes to trigger a runoff: 17,759
Votes to trigger a recount: 15,445
Recently on All in with Chris Hayes, Campaign Manager Lauren Groh-Wargo broke the news that our dedicated staff and volunteers have uncovered as many as 30,823 ballots that have yet to be counted.
Legal Action: Democratic Party of Georgia v. Crittenden et al, filed in the Northern District of Georgia
Date: November 11, 2018
Summary: The Democratic Party of Georgia and the Stacey Abrams for Governor campaign filed a lawsuit in federal court requesting that certain rejected absentee ballots and provisional ballots be counted.
Link to case: https://secure.staceyabrams.com/DPGvCrittenden
Link to supporting documents: https://secure.staceyabrams.com/DvCSupportingDocs
Media coverage: CNN- Georgia Democrats, Abrams’ campaign files lawsuit to challenge rejection of votes
Legal Action: Democratic Party of Georgia v. Burkes et al, filed in the Middle District of Georgia
Date: November 8, 2018
Summary: The Democratic Party of Georgia won a complaint filed in Dougherty County that laid out the myriad challenges voters there faced – including the impact of Hurricane Michael – in turning in their absentee ballots in time. The request was for absentee ballots postmarked by November 6th and received by November 9, to be counted.
Link to case: https://secure.staceyabrams.com/DoughertyCase
Link to decision: https://secure.staceyabrams.com/DoughertyDecision
Media coverage: Atlanta-Journal Constitution: Judge sides with Democrats, Dougherty must accept late-arriving absentee ballots
Legal Action: Preservation Notice
Date: November 8, 2018
Summary: The Abrams for Governor campaign sent a preservation notice to the county attorneys for all 159 counties, requiring them to preserve all documents pertaining to the election.
Link to notice: https://secure.staceyabrams.com/PreservationNotice
- Dougherty County – Impact of Hurricane Michael delaying absentee ballots, which prevented voters from casting their ballots by the pre-set deadline.
- Fulton and Gwinnett County – insufficient or else broken machines leading to excessively long lines (3-4 hours long) which dissuaded voters from staying to cast their ballot, particularly those who were unable to skip work or other commitments. The last voters in these counties cast their ballots as late as 11pm.
- Statewide – Absentee ballots that have been erroneously rejected
- Statewide – Voters who registered to vote, but did not appear on the voter rolls come Election Day, or else appeared at previous addresses despite having properly updated their information
- Statewide – Voters who were not given provisional ballots and should have been
- Statewide – Voters who were given provisional ballots and shouldn’t have been, many of which may have not even been counted yet
- Statewide – Absentee ballots which were returned on time but haven’t been counted
John Chandler, a retired Sutherland Asbill & Brennan and King & Spalding partner, is a Fellow of the American College of Trial Lawyers and has 40 years’ experience trying cases.
Elizabeth Tanis (Beth), who also was a partner at Sutherland Asbill & Brennan and King & Spalding, is an experienced trial lawyer listed as a leading lawyer in Chambers USA America’s Leading Lawyers for Business and was named by Atlanta magazine as one of Georgia’s top 100 lawyers and top 50 female lawyers.
Allegra Lawrence-Hardy, a founding partner of Lawrence & Bundy, and a former partner at Sutherland Asbill & Brennan, has extensive experience handling election law matters, most recently representing the City of Atlanta in the very close mayoral election of 2017. She has over 20 years of litigation experience and is a fellow in the Litigation Counsel of America and is listed in Best Lawyers in America. Ms. Lawrence-Hardy also serves as Chair of the Abrams for Governor campaign.
Dara Lindenbaum, a senior counsel at Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., advises federal, state and local political committees and candidates; state parties; ballot measure committees; 501(c)(3) and (c)(4) organizations and for-profit corporations. She counsels clients on complying with state and federal campaign finance and election laws and regularly represents clients before the Federal Election Commission, federal and state courts, and state and local election boards. Prior to joining Sandler Reiff, she was an associate counsel in the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law where she focused on election law and voting rights. She is a member of the Steering Committee for the Political Law Studies Initiative at George Washington University Law School
Kurt Kastorf, of the Summerville Firm LLC, is an appellate and Supreme Court litigator with particular knowledge of constitutional and election law issues, both in Georgia and nationally. He has served as general counsel to a U.S. Congressional Campaign, and helped to plan and implement litigation strategy for Hillary for America.
Members of the Abrams litigation team have been involved in some of the most important litigation strategies in US elections over the past decade and beyond, including the presidential race in Florida in 2000, Hillary for America, as well as congressional, state and local races. They are exploring all options to defend the constitution and ensure that the constitutional rights of all Georgians are upheld.