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    Georgia IN RE: ENFORCEMENT OF ELECTION LAWS AND SECURING BALLOTS CAST OR RECEIVED AFTER 7:00 P.M. ON NOVEMBER 3, 2020

    • Date
      November 4, 2020
    • City/County
      Chatham County
    • Type of Case
      Voter Fraud, Voter Integrity, PETITION TO COMMAND ENFORCEMENT OF ELECTION LAWS PURSUANT TO O.C.G.A. § 21-2-412
    • Case Details
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    Title

    Georgia IN RE: ENFORCEMENT OF ELECTION LAWS AND SECURING BALLOTS CAST OR RECEIVED AFTER 7:00 P.M. ON NOVEMBER 3, 2020

    Date
    November 4, 2020
    State or Country
    Georgia
    County/City:
    Chatham County
    The Court the Case was filed in

    Superior Court of Chatham County State of Georgia

    Type of Case
    Voter Fraud, Voter Integrity, PETITION TO COMMAND ENFORCEMENT OF ELECTION LAWS PURSUANT TO O.C.G.A. § 21-2-412
    Case Number

    SPCV20-00982

    Judges

    Judge James F. Bass Jr.

    Plaintiff

    the Georgia Republican Party, Inc. and Donald J. Trump for
    President, Inc. (collectively, “Petitioners”)

    Defendant

    In Re: Intervener Democratic Party of Georgia
    (“DPG”) moves to intervene as a Respondent in the above-titled action.

    Intervener

    Democratic Party of Georgia
    (“DPG”) moves to intervene as a Respondent in the above-titled action.

    Plaintiff Attorney

    /s/ Vincent R. Russo
    Vincent R. Russo
    Georgia Bar No. 242628
    vrusso@robbinsfirm.com
    Josh Belinfante
    Georgia Bar No. 047399
    jbelinfante@robbinsfirm.com
    Carey A. Miller
    Georgia Bar No. 976240
    cmiller@robbinsfirm.com
    Robbins Ross Alloy Belinfante Littlefield LLC
    500 14th Street, N.W.
    Atlanta, Georgia 30318
    Telephone: (678) 701-9381
    Facsimile: (404) 856-3250
    Counsel for the Georgia Republican Party, Inc.
    /s/ Bryan P. Tyson
    Bryan P. Tyson
    Georgia Bar No. 515411
    btyson@taylorenglish.com
    Jonathan Crumly, Sr.
    Georgia Bar No. 199466
    jcrumly@taylorenglish.com
    Bryan F. Jacoutot
    Georgia Bar No. 668272
    bjacoutot@taylorenglish.com
    Loree Anne Paradise
    Georgia Bar No. 382202
    lparadise@taylorenglish.com
    TAYLOR ENGLISH DUMA LLP

    1600 Parkwood Circle, Suite 200
    Atlanta, GA 30339
    770.434.6868 (telephone)
    Stefan C. Passantino
    Georgia Bar No. 565845
    Elections LLC
    1000 Main Avenue SW
    Suite 400
    Washington, DC 20024
    Counsel for Petitioner Donald J. Trump for
    President, Inc.

    Clerk of Court

    Tammie Mosley

    Comments

    Regarding 53 ballots; was filed by the Trump campaign and the Georgia Republican Party on November 4 in the Chatham County Superior Court of the Eastern Judicial Circuit of Georgia.

    4. The Trump Campaign has direct standing to bring this a claim to enforce the
    Georgia Election Code for the reasons set forth herein.

    5. Failing to ensure that Georgia’s election laws are followed directly harms the
    GAGOP’s organizational missions of increasing voter turnout and helping to elect
    Republican candidates. The GAGOP has expended extraordinary resources to encourage
    Georgians to vote in the 2020 campaign, and the failure to safely store absentee ballots
    received by the Chatham County Board of Elections (“CCBE”) after 7:00 P.M. on
    November 3, 2020 (“Election Day”), as required by O.C.G.A. § 21-2-386(a)(1)(F), and the
    possible counting of absentee ballots arriving after 7:00 P.M. on Election Day frustrates
    that organizational mission and dilutes lawful votes for Republican candidates in state,
    local, and federal contests.

    6.
    Failing to ensure that absentee ballots received after the deadline are stored in a
    manner to ensure that such ballots are not inadvertently or intentionally counted, as
    required under Georgia law, harms the interests of the Trump Campaign and President Trump because it could lead to the dilution of legal votes cast in support of President
    Trump
    7.
    Further, the possible counting of votes arriving after 7:00 P.M. on Election Day
    caused and will continue to cause a diversion of the Petitioners’ resources. Petitioners
    must spend resources to inform election officials of the problem and ensure that lawful
    votes are protected from dilution.
    8.
    Finally, the GAGOP has associational standing based on injuries to its members.
    The GAGOP’s members include current elected officials and hopeful Republican
    candidates for office, including candidates on the ballot in Fulton County. These
    candidates are injured if fewer voters are able to cast their ballots because the polling
    places opened late. The GAGOP members in Chatham County also include members of
    the Chatham County Republican Party who work to further the GAGOP’s mission and
    work in Chatham County. The GAGOP’s members are also part of the affected electorate
    itself, which will certainly be injured if their votes are diluted by the counting of unlawful
    votes that are received after the deadline.
    9.
    Absentee by Mail votes that are received after 7 P.M. on Election Day are subject
    to the following procedure:
    All absentee ballots returned to the board or absentee ballot clerk after the
    closing of the polls on the day of the primary or election shall be safely
    kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the
    preservation of ballots used at the primary or election and shall then,
    without being opened, be destroyed in like manner as the used ballots of
    the primary or election
    O.C.G.A. § 21-2-386(a)(1)(F).
    10.
    Pursuant to O.C.G.A. § 21-2-412, “[a]t least one judge of the superior court of each
    judicial circuit shall be available in his or her circuit on the day of each primary or election
    from 7:00 A.M. eastern standard time … until 10:00 P.M. eastern standard time and so
    long thereafter as it may appear … necessary to secure a free, fair, and correct
    computation and canvass of votes cast at such … election. During such period the court
    shall issue process, if necessary, to enforce and secure compliance with the … election
    laws and shall decide such other matters pertaining to the primary or election as may be
    necessary to carry out the intent of this chapter.” (Emphasis added).
    11.
    As stated above, this Court has broad power to ensure the election is carried out
    pursuant to Georgia law.
    12.
    There has been litigation around extending the deadline for receipt of absentee
    ballots and a court-ordered extension of the deadline was stayed by the Eleventh Circuit
    Court of Appeals. New Ga. Project v. Raffensperger, 976 F.3d 1278 (11th Cir. 2020). 13.
    A significant degree of confusion may still exist regarding whether ballots
    received after 7:00 P.M. can be legally counted in Georgia—and they cannot.
    14.
    While at the CCBE’s Elections Facility on November 4, 2020, a GAGOP poll
    watcher witnessed absentee ballots that had not been properly processed apparently
    mixed into a pile of absentee ballots that was already set to be tabulated. The proper chain
    of custody for the ballots was not followed. Attached hereto as Exhibit A is the
    Declaration of Sean Pumphrey regarding what he witnessed.
    15.
    Despite attempts by the poll watcher to obtain information from the CCBE
    regarding the source of the absentee ballots in mixed into other, already-processed
    absentee ballots being tabulated in Chatham County, no information to confirm the
    source of such absentee ballots was provided to the poll watcher. Ex. A. Whether the
    absentee ballots had been received by the CCBE prior to the close of the polls at 7:00 P.M.
    on Election Day or that all such absentee ballots are being safely stored in accordance
    with O.C.G.A. § 21-2-386(a)(1)(F) remains unknown. As a result, Petitioners do not know
    whether absentee ballots in Chatham County are being sufficiently accounted for or
    whether absentee ballots received after the close of the polls at 7:00 P.M on Election Day
    are being safely stored by the CCBE in accordance with Georgia law.
    16.
    Accordingly, Petitioners request this Court command the CCBE to collect, secure,
    and safely store all absentee ballots received by the CCBE after 7:00 P.M. on Election Day
    and provide an accounting of all such absentee ballots, including the number of ballots
    received after 7:00 P.M. on Election Day, the name of the absentee voter, and the time and
    date that such absentee ballot was received.
    17.
    The voters of Chatham County and Georgia generally are entitled under the
    United States Constitution to equal protection of the laws of this State. U.S. Const.
    Amend. XIV. This Court is empowered by law to ensure local officials follow the Georgia
    Election Code, and is granted broad authority to designate the means by which it achieves
    that end and to ensure that lawful votes are not diluted by the unlawful actions—
    intentionally or otherwise. Under the current circumstances, the relief herein requested
    is both prudent and necessary.
    THEREFORE, Petitioner prays for the following relief:
    a. That the Superior Court Judge issue an Order that requires the CCBE to
    collect, secure, and safely store all absentee ballots received by the CCBE after 7:00 P.M.
    on Election Day and provide an accounting of all such absentee ballots, including the
    number of ballots received after 7:00 P.M. on Election Day, the name of the absentee voter,
    and the time and date that such absentee ballot was received, to Petitioners.
    b. That the CCBE shall, upon receiving, securing, and storing the affected
    ballots in accordance with this petition, shall await further instruction from this Court as
    to their final disposition.
    c. Such other relief as the Court deems fair and equitable.

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    Document Links 1 (Scribd et. al)

    https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/Petition-to-Enforce-Election-Law.pdf

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