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    Georgia: Brooks v Mahoney Voluntarily dismissed

    • Date
      November 11, 2020
    • City/County
      Savannah
    • Type of Case
      Voter Fraud, Voter Integrity, Cause: 42:1981 Civil Rights Nature of Suit: Civil Rights: Voting
    • Case Details
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    Title

    Georgia: Brooks v Mahoney Voluntarily dismissed

    Date
    November 11, 2020
    State or Country
    Georgia
    County/City:
    Savannah
    The Court the Case was filed in

    United States District Court for the Southern District of Georgia, Savannah Division

    Type of Case
    Voter Fraud, Voter Integrity, Cause: 42:1981 Civil Rights Nature of Suit: Civil Rights: Voting
    Case Number

    4:20-cv-00281-RSB-CLR

    Judges

    Assigned To: R. Stan Baker

    Referred To: Christopher L. Ray

    Plaintiff

    Rebecca Brooks, Stuart Abel, III,
    James Martin, III, and Nicole Martin,

    Defendant

    Thomas Mahoney III, in his official
    capacity as Chairman of the Chatham
    County Board of Elections, Marianne
    Heimes, in her official capacity as a
    Board Member of the Chatham County
    Board of Elections, Malinda Hodge, in
    her official capacity as a Board Member
    of the Chatham County Board of
    Elections, Antwan Lang, in his official
    capacity as a Board Member of the
    Chatham County Board of Elections,
    Debbie Rauers, in her official capacity
    as a Board Member of the Chatham
    County Board of Elections, et al.

    Intervener

    Intervenor Proposed
    Democratic Party of Georgia
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Todd Michael Baiad
    (912) 232-7000
    Fax: (912) 233-0811
    Bouhan Falligant, LLP
    One West Park Ave., P.O. Box 2139
    Savannah, GA 31402-2139

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Georgia Coalition for the People's Agenda
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Georgia State Conference of the NAACP
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Helen Butler
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    James Woodall
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Melvin Ivey
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Intervenor Defendant
    Democratic Party of Georgia
    REPRESENTED BY

    Todd Michael Baiad
    (912) 232-7000
    Fax: (912) 233-0811
    Bouhan Falligant, LLP
    One West Park Ave., P.O. Box 2139
    Savannah, GA 31402-2139

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Plaintiff Attorney

    /s/ Ray Smith, III
    Attorney Bar Number, GA 662555
    SMITH & LISS, LLC
    Five Concourse Parkway
    Suite 2600
    Atlanta, Georgia 30328
    Telephone: 404-760-6000
    E-Mail: rsmith@smithliss.com
    Local Counsel for Plaintiffs
    James Bopp, Jr.
    Attorney Bar Number, IN 2838-84*
    Lead Counsel for Plaintiffs
    Melena S. Siebert
    Attorney Bar Number, IN 35061-15*
    True the Vote, Inc.
    Validate the Vote Project
    THE BOPP LAW FIRM, PC
    1 South Sixth St.
    Terre Haute, IN 47807-3510
    Telephone: 812/232-2434
    E-Mail: jboppjr@aol.com

    James Martin, III
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Ray S. Smith , III
    (404) 760-6000
    Fax: (404) 760-0225
    Smith & Liss, LLC
    5 Concourse Pkwy.
    Suite 2600
    Atlanta, GA 30328

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Nicole Martin
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Ray S. Smith , III
    (404) 760-6000
    Fax: (404) 760-0225
    Smith & Liss, LLC
    5 Concourse Pkwy.
    Suite 2600
    Atlanta, GA 30328

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Rebecca Brooks
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Ray S. Smith , III
    (404) 760-6000
    Fax: (404) 760-0225
    Smith & Liss, LLC
    5 Concourse Pkwy.
    Suite 2600
    Atlanta, GA 30328

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Stuart Abel, III
    Terminated (Nov. 16, 2020)

    REPRESENTED BY

    Ray S. Smith , III
    (404) 760-6000
    Fax: (404) 760-0225
    Smith & Liss, LLC
    5 Concourse Pkwy.
    Suite 2600
    Atlanta, GA 30328

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Defendant Attorney

    Defendant
    Aaron Johnson
    Terminated (Nov. 16, 2020)

    Alice O'Lenick
    Terminated (Nov. 16, 2020)

    Andy Callaway
    Terminated (Nov. 16, 2020)

    Anthony Lewis
    Terminated (Nov. 16, 2020)

    Antwan Lang
    Terminated (Nov. 16, 2020)

    Arch Brown
    Terminated (Nov. 16, 2020)

    Becky Vu
    Terminated (Nov. 16, 2020)

    Ben Satterfield
    Terminated (Nov. 16, 2020)

    Bob Finnegan
    Terminated (Nov. 16, 2020)

    Brad Raffensperger
    Terminated (Nov. 16, 2020)

    Brian Kemp
    Terminated (Nov. 16, 2020)

    Carol Wesley
    Terminated (Nov. 16, 2020)

    Darlene Johnson
    Terminated (Nov. 16, 2020)

    Darryl O. Wilson
    Terminated (Nov. 16, 2020)

    Debbie Rauers
    Terminated (Nov. 16, 2020)

    Dele Lowman Smith
    Terminated (Nov. 16, 2020)

    Diane Givens
    Terminated (Nov. 16, 2020)

    Donna Morris-McBride
    Terminated (Nov. 16, 2020)

    Dorothy Foster Hall
    Terminated (Nov. 16, 2020)

    Fred Aiken
    Terminated (Nov. 16, 2020)

    Georgia Coalition for the People's Agenda
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Georgia State Conference of the NAACP
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Helen Butler
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    James Woodall
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Jessica M. Brooks
    Terminated (Nov. 16, 2020)

    John Mangano
    Terminated (Nov. 16, 2020)

    Kathleen Ruth
    Terminated (Nov. 16, 2020)

    Malinda Hodge
    Terminated (Nov. 16, 2020)

    Marcia Brown
    Terminated (Nov. 16, 2020)

    Marianne Heimes
    Terminated (Nov. 16, 2020)

    Mark Wingate
    Terminated (Nov. 16, 2020)

    Mary Carole Cooney
    Terminated (Nov. 16, 2020)

    Melvin Ivey
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Mildred Schmelz
    Terminated (Nov. 16, 2020)

    Pat Gartland
    Terminated (Nov. 16, 2020)

    Patricia Pullar
    Terminated (Nov. 16, 2020)

    Phil Daniell
    Terminated (Nov. 16, 2020)

    Samuel E. Tillman
    Terminated (Nov. 16, 2020)

    Sherry T. Barnes
    Terminated (Nov. 16, 2020)

    Stephen W. Day
    Terminated (Nov. 16, 2020)

    Susan Motter
    Terminated (Nov. 16, 2020)

    Terence Dicks
    Terminated (Nov. 16, 2020)

    Thomas Mahoney, III
    Terminated (Nov. 16, 2020)

    Tim McFalls
    Terminated (Nov. 16, 2020)

    Vernetta Keith Nuriddin
    Terminated (Nov. 16, 2020)

    Wandy Taylor
    Terminated (Nov. 16, 2020)

    Intervenor
    Democratic Party of Georgia
    REPRESENTED BY

    Todd Michael Baiad
    (912) 232-7000
    Fax: (912) 233-0811
    Bouhan Falligant, LLP
    One West Park Ave., P.O. Box 2139
    Savannah, GA 31402-2139

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Georgia Coalition for the People's Agenda
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Georgia State Conference of the NAACP
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Helen Butler
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    James Woodall
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Melvin Ivey
    REPRESENTED BY

    Philip Aaron Sandick
    (404) 881-7000
    Fax: (404) 881-7777
    Alston & Bird
    1201 W. Peachtree St., NW
    Suite 4900, One Atlantic Ctr.
    Atlanta, GA 30309-3424

    ATTORNEY TO BE NOTICED

    LEAD ATTORNEY

    Comments

    Introduction
    1. This is a civil action for declaratory and injunctive relief concerning violations of Voters’
    voting and equal-protection rights by election officials’ inclusion of illegal Presidential Elector
    results in certain counties, which inclusion unlawfully dilutes Voters’ lawful votes and requires
    invalidation of those presidential-election results in counties with evidence that sufficient illegal
    ballots were included in the results to change or place in doubt the results of the November 3,
    2020 presidential election in this state.

    2. Voters seek a remedy excluding presidential-election results from such counties in the
    certification activities for Presidential Electors described in 3 U.S.C. § 6:
    It shall be the duty of the executive of each State, as soon as practicable after the conclusion
    of the appointment of the electors in such State by the final ascertainment, under and in
    pursuance of the laws of such State providing for such ascertainment, to communicate by
    registered mail under the seal of the State to the Archivist of the United States a certificate
    of such ascertainment of the electors appointed, setting forth the names of such electors and
    the canvass or other ascertainment under the laws of such State of the number of votes
    given or cast for each person for whose appointment any and all votes have been given or
    cast; and it shall also thereupon be the duty of the executive of each State to deliver to the
    electors of such State, on or before the day on which they are required by section 7 of this
    title to meet, six duplicate-originals of the same certificate under the seal of the State; and
    if there shall have been any final determination in a State in the manner provided for by law
    of a controversy or contest concerning the appointment of all or any of the electors of such
    State, it shall be the duty of the executive of such State, as soon as practicable after such
    determination, to communicate under the seal of the State to the Archivist of the United
    States a certificate of such determination in form and manner as the same shall have been
    made; and the certificate or certificates so received by the Archivist of the United States
    shall be preserved by him for one year and shall be a part of the public records of his office
    and shall be open to public inspection; and the Archivist of the United States at the first
    meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full
    of each and every such certificate so received at the National Archives and Records Administration.

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    Document Links 1 (Scribd et. al)

    https://www.courtlistener.com/docket/18620507/20/brooks-v-mahoneyiii/

    Document Link 2

    https://www.courtlistener.com/recap/gov.uscourts.gasd.82897/gov.uscourts.gasd.82897.1.2.pdf

    Document Link 3

    https://www.courtlistener.com/recap/gov.uscourts.gasd.82897/gov.uscourts.gasd.82897.1.3.pdf

    Document Link 4

    https://www.courtlistener.com/recap/gov.uscourts.gasd.82897/gov.uscourts.gasd.82897.1.4.pdf

    Document Link 5

    https://www.courtlistener.com/recap/gov.uscourts.gasd.82897/gov.uscourts.gasd.82897.1.6.pdf

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