IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Transcription

1 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND EXHIBITS IN SUPPORT THEREOF National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested) PLAINTIFFS EMERGENCY MOTION FOR PRELIMINARY INJUNCTION 1. Pursuant to Rule 65 of the Federal Rules of Civil Procedure and for the reasons set forth in Plaintiffs accompanying Memorandum of in 1

2 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 2 of 10 Support of Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, the Plaintiffs, Georgia State Conference of the NAACP, Georgia Coalition for the People s Agenda, Inc., Third Sector Development, Inc., ProGeorgia State Table, Inc., and Asian Americans Advancing Justice Atlanta, Inc. (collectively, Plaintiffs ), respectfully move the Court for a temporary restraining order and preliminary injunction enjoining the Defendants, State of Georgia, Brian Kemp, in his official capacity as the Secretary of State of Georgia, and all persons acting in concert with Defendants, from enforcing Georgia s runoff election voter registration scheme in elections for federal offices, which is set forth in GA. CONST. Art. II, II, Para. II and O.C.G.A , because that scheme violates, and is preempted by, Section 8 of the National Voter Registration Act of 1993 (52 U.S.C (a)). 2. Plaintiffs request that, pending final judgment of this case on the merits, this Court order that Defendants: (a) allow all eligible residents of Georgia s Sixth Congressional District who have already registered to vote since March 20, 2017, and may 2

3 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 3 of 10 continue to register to vote through 11:59 p.m. on May 22, 2017, to cast ballots that will count as votes in the CD 6 special runoff election on June 20, 2017; (b) discontinue applying Article II, Section II, Paragraph II and O.C.G.A (a)(10) to the special runoff election in the Sixth Congressional District scheduled for June 20, 2017, as well as all future runoff elections for federal office; (c) extend the registration deadline for the upcoming Sixth Congressional District special runoff election to no earlier than May 22, 2017; (d) set the registration deadline for all future runoff elections for federal offices in compliance with the NVRA s thirty day requirement; (e) allow all voters who are qualified electors under Georgia law to register to vote at least thirty days prior to a runoff election for federal office and cast a regular ballot that will count; (f) promptly publicize the extension of the voter registration deadline for the Sixth Congressional District special runoff election on the Georgia Secretary of State s website and in major metro Atlanta media outlets, including television, radio, and newspapers; and 3

4 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 4 of 10 (g) undertake any additional action necessary to ensure Defendants compliance with Section 8 of the NVRA in runoff elections for federal office. Plaintiffs have submitted a memorandum of law detailing the bases for granting such relief and attach the following evidence in support of this motion: 3. Exhibit 1 a declaration by Plaintiffs counsel, Julie M. Houk, in support of Plaintiffs motion, which includes as Exhibit A, a letter from Kristen Clarke, Executive Director of the Lawyers Committee for Civil Rights Under Law, notifying Defendants that Georgia s existing runoff election voter registration scheme in elections for federal offices violates Section 8 of the NVRA. 4. Exhibit 2 a declaration by Helen Butler, Executive Director of the Georgia Coalition for the People s Agenda, Inc., who describes the negative impacts of Georgia s unlawful runoff election voter registration scheme on her organization s voter registration programs and the diversion of resources caused by this scheme. 5. Exhibit 3 a declaration of Page Gleason, Executive Director of 4

5 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 5 of 10 ProGeorgia State Table, Inc., who describes the negative impacts of Georgia s unlawful runoff election voter registration scheme on her organization s voter registration programs and the diversion of resources caused by this scheme; 6. Exhibit 4 a declaration of Nse Ufot, Executive Director of the New Georgia Project, who describes the negative impacts of Georgia s unlawful runoff election voter registration scheme on her organization s voter registration programs and the diversion of resources caused by this scheme. 7. Exhibit 5 a declaration of Stephanie Cho, Executive Director of Asian Americans Advancing Justice Atlanta, Inc., who describes the negative impacts of Georgia s unlawful runoff election voter registration scheme on her organization s voter registration programs and the diversion of resources caused by this scheme. 8. Exhibit 6 a declaration of Francys Johnson, President of the Georgia State Conference of the NAACP, who describes the negative impacts of Georgia s unlawful runoff election voter registration scheme on 5

6 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 6 of 10 his organization s voter registration programs and the diversion of resources caused by this scheme. 9. Plaintiffs request expedited consideration of the motions for a temporary restraining order and preliminary injunction pursuant to Local Rule 7.7. Expedited consideration is necessary because eligible residents of CD 6 should be able to registrar and be eligible to vote in the June 20, 2017 CD 6 special runoff election through May 22, 2017, as required by Section 8 of the NVRA. However, under Georgia s current runoff election voter registration scheme, they are unlawfully being deprived of that opportunity with each passing day. Moreover, the Plaintiffs are continuing to suffer injury daily by the unlawful runoff election voter registration scheme that interferes with their ability to conduct effective voter registration programs for the June 20, 2017 CD 6 special runoff election and is causing them to divert limited resources to running less effective voter registration programs and educating voters about this unlawful scheme. 10. Plaintiffs respectfully request that the Court set this motion for a hearing and permit oral argument. 6

7 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 7 of 10 RULE 7.1 CERTIFICATION I hereby certify that the foregoing was prepared in accordance with the font and point selections approved by the court in Local Rule 5.1B. s/ Bryan L. Sells Dated: April 20, 2017 Respectfully submitted, By: /s/ Bryan L. Sells Bryan L. Sells Georgia Bar No The Law Office of Bryan L. Sells, LLC Post Office Box 5493 Atlanta, Georgia Telephone: (404) bryan@bryansellslaw.com Ira M. Feinberg (pro hac vice to be filed) New York Bar No Hogan Lovells US LLP 875 Third Avenue New York, NY Telephone: (212) ira.feinberg@hoganlovells.com Jonathan Abram (pro hac vice to be filed) District of Columbia Bar No Paul Wiley (pro hac vice to be filed) Virginia Bar No Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, D.C Telephone: (202) Facsimile: (202)

8 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 8 of 10 jonathan.abram@hoganlovells.com paul.wiley@hoganlovells.com Ezra D. Rosenberg (pro hac vice to be filed) New Jersey Bar No Julie Houk (pro hac vice to be filed) California Bar No John Powers (pro hac vice to be filed) District of Columbia Bar No Lawyers Committee for Civil Rights Under Law 1401 New York Avenue NW, Suite 400 Washington, D.C Tel: (202) erosenberg@lawyerscommittee.org jhouk@lawyerscommittee.org jpowers@lawyerscommittee.org Counsel for Plaintiffs 8

9 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 9 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLES AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; and THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE-ATLANTA, INC., as an organization; Civil Action Case No. Plaintiffs, v. STATE OF GEORGIA and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. CERTIFICATE OF SERVICE I hereby certify that I provided notice and a copy of the foregoing PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY 9

10 Case 1:17-cv TCB Document 2 Filed 04/20/17 Page 10 of 10 RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND EXHIBITS IN SUPPORT THEREOF to Brian Kemp, Georgia Secretary of State; C. Ryan Germany, General Counsel to the Georgia Secretary of State; Russell Willard. Esq., Senior Assistant Attorney General, and Cristina Correia, Assistant Attorney General, by electronic mail at the following addresses: Brian P. Kemp: bpkemp@sos.ga.gov C. Ryan Germany, Esq.: rgermany@sos.ga.gov Russell Willard, Esq.: rwillard@law.ga.gov Cristina Correia, Esq.: ccorreia@law.ga.gov Formal service of this document will follow by hand. This 20th day of April, By: /s/ Bryan L. Sells Bryan L. Sells Georgia Bar No The Law Office of Bryan L. Sells, LLC Post Office Box 5493 Atlanta, Georgia Phone: (404) bryan@bryansellslaw.com 10

11 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

12 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 2 of 29 TABLE OF CONTENTS I. INTRODUCTION 1 II. STATEMENT OF FACTS 3 A. Georgia s Registration Scheme 3 B. The Upcoming Runoff Election 5 C. Plaintiffs Claims in this Litigation 6 III. ARGUMENT 10 A. The Standard for Issuing a Temporary Restraining Order and Preliminary Injunction 10 B. Plaintiffs are Likely to succeed on the Merits of their Claims because Defendants Runoff Voter Registration Scheme Directly Conflicts with, and is Preempted by, Section 8 of the NVRA 10 C. An Injunction is Necessary to Avoid Irreparable Harm 10 D. The Balance of Hardships Weigh in Favor of an Injunction 18 E. An Injunction is in the Public Interest 19 IV. CONCLUSION 20 V. RULE 7.1 CERTIFICATION 20 i

13 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 3 of 29 TABLE OF AUTHORITIES FEDERAL CASES Arcia v. Florida Secretary of State 772 F.3d 1335 (11th Cir. 2014) 6, 14 Arizona v. Inter Tribal Council of Ariz., Inc. 133 S. Ct (2013) 11, 12 Arizona Democratic Party v. Reagan No. CV PHX-SPL 2016 WL (D. Ariz. Nov. 3, 2016) 15 Assn. of Cmty. Orgs. for Reform Now v. Cox No. 1:06-CV-1891-JTC 2006 WL (N.D. Ga. Sept. 28, 2006) 17 Bautista v. Star Cruises 396 F.3d 1289 (11th Cir. 2005) 14 Buckman Co. v. Plaintiffs Legal Comm. 531 U.S. 341 (2001) 12 Charles H. Wesley Educ. Found., Inc. v. Cox 324 F. Supp. 2d 1358 (N.D. Ga. 2004), aff d, 408 F.3d 1349 (11th Cir. 2005) 7, 17 Common Cause/Georgia v. Billups 554 F.3d 1340 (11th Cir. 2009) 7, 17 Ex parte Siebold 100 U.S. 371 (1880) 11 Fish v. Kobach 840 F.3d 710 (10th Cir. 2016) 14 ii

14 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 4 of 29 Florida State Conference of the NAACP v. Browning 522 F.3d 1153 (11th Cir. 2008) 7 Janvey v. Democratic Senatorial Campaign Comm. 793 F. Supp. 2d 825 (N.D. Tex. 2011) 14 League of Women Voters of Florida v. Browning 863 F. Supp. 2d 1155 (N.D. Fla. 2012) 17 League of Women Voters v. Newby 838 F.3d 1 (D.C. Cir. 2016) 12 League of Women Voters v. North Carolina 769 F.3d 224 (4th Cir. 2014) 17 Obama for Am. v. Husted 697 F.3d 423 (6th Cir. 2012) 17 Project Vote v. Kemp 208 F. Supp. 3d 1320 (N.D. Ga. 2016) 14, 17 Schiavo ex rel. Schindler v. Schiavo 357 F. Supp. 2d 1378 (M.D. Fla. 2005), aff d, 403 F.3d 1223 (1lth Cir. 2005). 10 United States v. Alabama 998 F. Supp. 2d 1283 (M.D. Ala. 2014), aff d, 778 F.3d 926 (1lth Cir. 2015) 15 United States v. Georgia 892 F. Supp. 2d 1367 (N.D. Ga. 2012) 10 United States v. Georgia 952 F. Supp. 2d 1318 (N.D. Ga. 2013) 15 Wachovia Bank, N.A. v. United States 455 F.3d 1261 (11th Cir. 2006) 14 iii

15 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 5 of 29 CONSTITUIONAL PROVISIONS GA. CONST. art. II, II, para. II 1, 4, 6 U.S. CONST. art. I, 4, cl FEDERAL STATUTES AND RULES Fed. R. Civ. P U.S.C U.S.C , U.S.C , U.S.C , 13, 14 GEORGIA STATUTES O.C.G.A , 5 O.C.G.A , 4, 5, 6 OTHER AUTHORITIES 139 Cong. Rec. H (1993) 13 H.R. Rep , at 3 (1993) 13 S. Rep , at 2 (1993) 13 iv

16 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 6 of 29 I. INTRODUCTION Plaintiffs seek emergency relief from this Court to remedy a serious, and otherwise irreparable, injury: the loss of the right to vote by eligible residents of Georgia s Sixth Congressional District who registered or will register to vote between March 21, 2017 and May 22, 2017, thirty days prior to the June 20, 2017 special runoff election. Section 8 of the National Voter Registration Act of 1993 ( NVRA ) assures that anyone who registers at least thirty days before the runoff election has the right to vote in that election. However, absent injunctive relief, Georgia officials will deny them the right to vote because Georgia s unlawful voter registration scheme requires voters to have registered thirty days in advance of the initial election held on April 18, even though that cut-off date was three months prior to the runoff election. The facts are undisputed. Georgia law mandates that in order to vote in a runoff election, eligible residents must have registered to vote by the fifth Monday preceding the primary, special primary, general or special election. Runoff elections are held nine weeks after the primary, special primary, general or special election, GA. CONST. Art. II, II, Para. II; O.C.G.A (a), so the effect of Georgia s registration requirement \\NY / v1 1

17 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 7 of 29 is to deny voters the right to participate in the runoff unless they registered by a date some three months prior to that election. That violates federal law. Section 8 of the NVRA, 52 U.S.C (a), prohibits states from imposing a voter registration deadline in excess of 30 days prior to a federal election. And Section 3 of the NVRA makes clear that a runoff is a federal election subject to the maximum 30- day pre-registration limit. 52 U.S.C (1) (incorporating definition of election in 52 U.S.C (1)(a), including runoff election ). Prior to filing this suit, Plaintiffs counsel provided the State of Georgia notice of this violation of federal law, and gave State officials ample opportunity to remedy the situation without litigation. Exhibit 1, Houk Declaration, dated April 19, 2017 ( Houk Decl. ), 8. They have not done so, and through counsel have confirmed they do not intend to take any remedial action in response to Plaintiffs counsel s written notice. Id. Since Georgia law is in direct conflict with Section 8 of the NVRA, it is preempted by the federal law. As a result, emergency relief is required to restrain enforcement of Georgia s unlawful registration scheme, and to allow eligible residents of Congressional District ( CD ) 6 who register at least thirty days \\NY / v1 2

18 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 8 of 29 prior to the upcoming runoff election (i.e., by May 22, 2017) to vote in that election. Unless the Court grants the emergency relief sought by Plaintiffs, Georgia s runoff registration scheme will disenfranchise eligible residents of CD 6, who will be denied the right to vote in the special runoff election on June 20, 2017, even if they submit voter registration applications during the two-month period between the State s current deadline, March 21, and May 22, 2017, the earliest deadline permitted by federal law. In addition, absent injunctive relief, Georgia s registration scheme will unlawfully impair the Plaintiffs ability to conduct effective voter registration programs over the next five weeks to expand access to the ballot for eligible Georgians in this runoff election, and will similarly impair voter registration efforts in future runoff elections for federal offices. II. STATEMENT OF FACTS A. Georgia s Registration Scheme To be eligible to vote in an election in Georgia, including elections for federal offices, individuals must apply to register to vote by the fifth Monday prior to Election Day. O.C.G.A (b). \\NY / v1 3

19 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 9 of 29 However, Georgia applies a different registration scheme for runoff elections, including runoff elections for federal offices. Both the Georgia Constitution and the Georgia Election Code treat runoff and special runoff elections not as elections in their own right, but as continuation[s] of the initial general election giving rise to the runoff. Georgia Constitution of 1983, art. II, II, para. II; O.C.G.A (a). Thus, Georgia prohibits eligible Georgians from voting in runoff elections unless they were registered in time to vote in the primary, special primary, general or special general election that resulted in the runoff, i.e., by the fifth Monday prior to that election: A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein. GA. CONST. art. II, II, para. II. Similarly, the Georgia Election Code requires that in order to vote in a runoff election, voters must have registered by the deadline for the primary, special primary, election or special election giving rise to the runoff (i.e., by the fifth Monday prior to that election): The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not \\NY / v1 4

20 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 10 of 29 subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein.... O.C.G.A (a). B. The Upcoming Runoff Election The upcoming CD 6 special election exemplifies how the abovementioned provisions of Georgia law violate Section 8 the NVRA. On February 10, 2017, Georgia Governor, Nathan Deal, issued a Writ of Election setting April 18, 2017 as the date for the special election to elect a candidate to fill the vacancy in CD 6 resulting from Tom Price s confirmation as Secretary of the United States Department of Health and Human Services. Exhibit 1, Houk Decl., 4, fn.1. Under Georgia law, the voter registration deadline for the April 18 special election was March 20, O.C.G.A (b). None of the candidates who ran in the April 18 special election received a majority of the votes. Exhibit 1, Houk Decl., 5, fn. 2. As a result, pursuant to O.C.G.A (a)(5), Georgia will hold a special runoff election on June 20, 2017, where voters will select from the two candidates who received the most votes in the April 18 special election. Exhibit 1, Houk Decl., 5. \\NY / v1 5

21 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 11 of 29 Under Georgia s existing voter registration scheme, only voters who registered by March 20, 2017 are eligible to vote in the special runoff election on June 20, GA. CONST. art. II, II, para. II; O.C.G.A (a). This scheme imposes what is effectively a three-month voter registration deadline for the June 20, 2017 special runoff election and in all future runoff elections conducted in Georgia for federal offices. Id. C. Plaintiffs Claims in this Litigation The Plaintiffs include the Georgia State Conference of the NAACP ( GA NAACP ); Georgia Coalition for the People s Agenda ( GCPA ); Third Sector Development, Inc./New Georgia Project ( NGP ); ProGeorgia State Table, Inc. ( ProGeorgia ); and Asian Americans Advancing Justice Atlanta, Inc. ( AAAJ-A ). Plaintiffs have all conducted voter registration programs in CD 6 since the announcement of the special election on February 10, There is no question that the organizational plaintiffs have standing to challenge Georgia s runoff election voter registration scheme in this case. The Eleventh Circuit has repeatedly determined that organizations operating voter registration programs have standing to sue when a defendant's illegal acts impair the organizations voter registration projects by causing them to divert personnel and time to assisting voters who might be left off the registration rolls on election day and to educating potential voters on compliance with the laws. See, e,g., Arcia v. Florida Secretary of State, 772 F.3d 1335, (11th Cir. 2014) (voter registration organizations had \\NY / v1 6

22 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 12 of 29 The Plaintiffs have assisted residents of CD 6 with their voter registration applications, before and after the March 20, 2017 voter registration deadline for the special election on April 18, and have submitted the voters applications they collected to election officials as permitted by Georgia law. Exhibit 2, Butler Declaration, dated April 19, 2017 ( Butler Decl. ), 10-14; Exhibit 3, Gleason Declaration, dated April 19, 2017 ( Gleason Decl. ) 5-8; Exhibit 4, Ufot Declaration, dated April 19, 2017 ( Ufot Decl. ), 8-11; Exhibit 5, Cho Declaration, dated April 19, 2017 ( Cho Decl.), 8-12; and Exhibit 6, Johnson Declaration, dated April 19, 2017 ( Johnson Decl. ), However, under Georgia s existing runoff voter registration scheme, none of the CD 6 applicants who submitted or will submit voter registration standing on a diversion of resources theory to challenge the state s purge of alleged non-citizens from voter rolls in violation of the NVRA); Florida State Conference of the NAACP v. Browning, 522 F.3d 1153, (11th Cir. 2008) (organizations had standing to challenge state s problematic voter registration verification program that prevented eligible registration applicants from completing voter registration process); Charles H. Wesley Educ. Found. v. Cox, 408 F.3d 1349, (11th Cir. 2005) (organization had standing under NVRA to challenge rejection of mailed-in voter registration applications collected during organization s voter registration drives); Common Cause/Georgia v. Billups, 554 F.3d 1340, (11th Cir. 2009) (GA NAACP had standing to challenge Georgia s voter ID statute on diversion of resources theory). \\NY / v1 7

23 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 13 of 29 forms after March 20, 2017, through Plaintiffs registration programs or otherwise, will be eligible to vote in the June 20, 2017 CD 6 special runoff election even if they register to vote at least thirty days prior to that election. Ex. 2, Butler Decl., 13, 16: Ex. 3, Gleason, Decl., 8; Ex. 4, Ufot Decl., 12-14; Ex. 6, Johnson Decl., 14-15, 21. And obviously, every day that goes by between now and the runoff election is a day that Plaintiffs could be assisting residents of CD 6 to vote in that election, and eligible Georgia voters are being unlawfully denied the opportunity to register with the knowledge that their votes in the runoff will count. Due to the unlawful three-month voter registration deadline for the June 20, 2017 CD 6 special runoff election, Plaintiffs voter registration programs cannot be as effective as they would be if the deadline to register was thirty days prior to that election, as required by Section 8 of the NVRA. Ex. 2, Butler Decl., 13-16; Ex. 3, Gleason Decl. 8-9; Ex. 4, Ufot Decl., 11-15; Ex. 5, Cho Decl., 11-14; and Ex. 6, Johnson Decl., Once a registration deadline passes, prospective voters lose interest or motivation in registering to vote. This results in an otherwise avoidable diversion of Plaintiffs limited resources to registration programs that are less effective than they would otherwise be if the Plaintiffs were registering \\NY / v1 8

24 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 14 of 29 Georgians who knew that they will be able to vote as long as they comply with the thirty-day registration deadline, as required by Section 8 of the NVRA. Ex. 2, Butler Decl., 14-15; Ex. 3, Gleason Decl. 8-9; Ex. 4, Ufot Decl., 11-15; Ex. 5, Cho Decl., 11-14; and Ex. 6, Johnson Decl., In some cases, Plaintiffs limited resources are also diverted to voter education to help prospective applicants who register after the deadline for a general election to understand that they will be ineligible to vote in the runoff because of the state s runoff registration scheme. Ex. 2, Butler Decl., 15; Ex. 3, Gleason Decl. 8; and Ex. 6, Johnson Decl., With a thirty-day voter registration deadline for federal runoff elections, eligible residents of CD 6 would respond to the growing interest in the election, and would be able to register to vote in the runoff, and Plaintiffs would be in a position to conduct their registration programs more effectively, and to assist more residents to register to vote. \\NY / v1 9

25 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 15 of 29 III. ARGUMENT A. The Standard for Issuing a Temporary Restraining Order and Preliminary Injunction In determining whether temporary restraining or preliminary injunctive relief is to be granted pursuant to Fed. R. Civ. P. 65, the Court considers whether the movant has established four factors: (1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that entry of the relief would serve the public interest. Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, (11th Cir. 2005); United States v. Georgia, 892 F. Supp. 2d 1367, (N.D. Ga. 2012). The decision to issue a preliminary injunction lies within the sound discretion of the Court. United States v. Georgia, 892 F. Supp. 2d at B. Plaintiffs are Likely to succeed on the Merits of their Claims Because Defendants Runoff Voter Registration Scheme Directly Conflicts with, and Is Preempted by, Section 8 of the NVRA A likelihood of success on the merits is generally considered the most important factor when considering whether to grant a preliminary injunction motion. See Schiavo ex rel. Schindler v. Schiavo, 357 F. Supp. 2d 1378, 1383 (M.D. Fla. 2005), aff d, 403 F.3d 1223 (1lth Cir. 2005). As discussed \\NY / v1 10

26 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 16 of 29 below, Plaintiffs are likely to succeed on the merits of their claims because Georgia s runoff election voter registration scheme directly conflicts with, and is preempted by, Section 8 of the NVRA. First, the NVRA is clearly the governing law. The Elections Clause of the United States Constitution imposes upon the states the duty to prescribe the time, place and manner of electing Representatives and Senators, and confers upon Congress the power to alter those regulations or supplant them altogether. U.S. CONST. art. I, 4, cl. 1; see Arizona v. Inter Tribal Council of Ariz., Inc. ( ITCA ), 133 S. Ct. 2247, (2013). The power of Congress to alter or supplant state regulations on the time, place and manner of federal elections is paramount, and supersede[s] those of the State which are inconsistent therewith. ITCA, 133 S. Ct. at (quoting Ex parte Siebold, 100 U.S. 371, 392 (1880)). The Supreme Court has determined that there is no presumption against pre-emption in cases where a state has enacted a time, place and manner statute governing federal elections that is inconsistent with a federal law enacted by Congress pursuant to its authority under the Elections Clause. Quite the contrary. In ITCA, the plaintiffs asserted that Arizona s law requiring documentary proof of citizenship for voter registration was \\NY / v1 11

27 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 17 of 29 preempted by the NVRA, and the Supreme Court agreed. The Supreme Court held that the normal assumption that Congress is reluctant to pre-empt state law does not hold when Congress acts under the Elections Clause, which expressly empowers Congress to make or alter state election regulations. ITCA, 133 S. Ct. at Moreover, the Court noted, unlike cases involving state police powers, the states role in regulating congressional elections has always been subject to the express qualification that the state s power terminates according to federal law. Id. (quoting Buckman Co. v. Plaintiffs Legal Comm., 531 U.S. 341, 347 (2001)). Pursuant to its authority under the Elections Clause, Congress enacted the National Voter Registration Act of 1993, 52 U.S.C et seq. ITCA, 133 S. Ct. at 2251; League of Women Voters v. Newby, 838 F.3d 1, 4 (D.C. Cir. 2016). In passing the NVRA, it was Congress intent to expand the franchise to increase the number of eligible citizens who register to vote in elections and to enhance[ ] the participation of eligible citizens as voters. 52 U.S.C The NVRA was enacted to ensure that no American is denied the ability to participate in Federal elections because of real or artificial barriers... [and] to make voter registration an inclusive, \\NY / v1 12

28 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 18 of 29 rather than an exclusive opportunity in the United States. 139 Cong. Rec. H (1993) (statement of Rep. Martin Frost). The NVRA is particularly concerned with addressing and mitigating barriers to registration. Its Senate sponsors acknowledged that [w]hile most contributing factors may not be affected by legislation, one difficulties encountered by some who desire to register to vote is susceptible to correction by legislation. S. Rep , at 2 (1993). Similarly, House members recognized that [t]he unfinished business of registration reform is to reduce these obstacles to voting to the absolute minimum while maintaining the integrity of the electoral process. H.R. Rep , at 3 (1993). There is no doubt that the NVRA applies with full force to runoff elections. First, the NVRA s definition of election says precisely that. Section 3 of the NVRA, 52 U.S.C (1), defines election by reference to the definition in the Federal Election Campaign Act of 1971 ( FECA ), 52 U.S.C (1), which states that election means a general, special, primary, or runoff election. 52 U.S.C (1)(A) \\NY / v1 13

29 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 19 of 29 (emphasis added). And elections for federal office are defined to include those for a Representative in... Congress. 52 U.S.C (3). 2 Second, courts have recognized that the NVRA s definition of election should be read broadly. See Fish v. Kobach, 840 F.3d 710, 719 n.7 (10th Cir. 2016). In Janvey v. Democratic Senatorial Campaign Comm., 793 F. Supp. 2d 825 (N.D. Tex. 2011), for example, the district court noted that, when enacting FECA, Congress chose to adopt the Senate version s broader definition of election, id. at 844 n.26, which included the reference to a runoff election at issue here. Indeed, our research has not uncovered a single case where a court held that runoff elections were not subject to the 30-day requirement. Third, cases interpreting the Uniformed and Overseas Citizens Absentee Voting Act ( UOCAVA ) support the conclusion that the term 2 Under the rules of statutory construction, the Court s first step is to determine whether the language of the NVRA is plain. Wachovia Bank, N.A. v. United States, 455 F.3d 1261, (11th Cir. 2006) (citing Bautista v. Star Cruises, 396 F.3d 1289, 1295 (11th Cir. 2005)); Arcia v. Florida Secretary of State, 772 F.3d at ; Project Vote v. Kemp, 208 F. Supp. 3d 1320, 2016 WL , at *10 11 (N.D. Ga. Sept. 20, 2016). That is plainly so here, where Congress specifically included runoff[s] among the election[s] to which the NVRA s 30-day registration rule applies. \\NY / v1 14

30 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 20 of 29 election, as used in Section 8 of the NVRA, includes federal runoff and special runoff elections. Thus, in United States v. Georgia, 952 F. Supp. 2d 1318, 1326 (N.D. Ga. 2013), the District Court rejected the State s argument that the forty-five day deadline specified by UOCAVA for providing absentee ballots in advance of an election did not apply to runoff elections. The Court held that Congress use of an election in that statute was broad enough to signal congressional intent to refer to all types of federal elections, even though the statute in terms did not specifically state that it applied to runoff elections. See also United States v. Alabama, 998 F. Supp. 2d 1283, 1285, 1288 (M.D. Ala. 2014), aff d, 778 F.3d 926 (1lth Cir. 2015) (holding that an election in UOCAVA means any federal election, including runoffs). It follows a fortiori here, where Congress has specifically defined election to include a runoff election, that the NVRA applies to the upcoming runoff election. Under Section 8 of the NVRA, states are prohibited from imposing voter registration deadlines in excess of 30 days prior to a federal election. 52 U.S.C (a)(1); see also Arizona Democratic Party v. Reagan, No. CV PHX-SPL, 2016 WL , at *13, *16 (D. Ariz. Nov. 3, 2016) (holding that Arizona violated the NVRA because the deadline to \\NY / v1 15

31 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 21 of 29 register by postmarked mail was 31 days before the election, and the deadline to register in-person at motor vehicle departments was 32 days before the election). 3 Georgia s existing runoff voter registration scheme requires eligible Georgians to register at least three months prior to runoff elections for federal offices. This is in direct conflict with the NVRA s prohibition against states imposing voter registration deadlines in excess of 30 days in elections for federal offices. Therefore, Georgia s runoff voter registration scheme is preempted by Section 8 of the NVRA, and it is likely that the Plaintiffs will prevail on the merits of their claim. C. An Injunction Is Necessary to Avoid Irreparable Harm An injury is irreparable if it cannot be undone through monetary remedies. Charles H. Wesley Educ. Found., Inc. v. Cox, 324 F. Supp. 2d 1358, 1368 (N.D. Ga. 2004), aff d, 408 F.3d 1349 (11th Cir. 2005). Courts have routinely deemed restrictions on voting rights as an 3 Under Section 8 of the NVRA, "States can set a voter registration deadline for federal elections shorter than 30 days, and a number of States do so, but cannot set a longer deadline." Department of Justice Civil Rights Division website, nvra (last checked, April 14, 2017). \\NY / v1 16

32 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 22 of 29 irreparable injury. See, e.g., League of Women Voters v. North Carolina, 769 F.3d 224, 247 (4th Cir. 2014); Obama for Am. v. Husted, 697 F.3d 423, 436 (6th Cir. 2012); Common Cause/Ga. v. Billups, 406 F. Supp. 2d 1326, 1376 (N.D. Ga. 2005). Given the fundamental nature of the right to vote, monetary damages are a wholly inadequate remedy; once an election occurs, there is no ability to redress the improper disenfranchisement of voters who were denied the right to register and vote in the election. League of Women Voters of Florida v. Browning, 863 F. Supp. 2d 1155, 1167 (N.D. Fla. 2012); League of Women Voters v. North Carolina, 769 F.3d at 247. Georgia federal courts have also recognized that conduct that limits an organization s ability to conduct voter registration activities constitutes an irreparable injury. See, e.g., Project Vote, Inc. v. Kemp, 208 F. Supp. 3d 1320, 2016 WL , at *23 (N.D. Ga. Sept. 20, 2016); Assn. of Cmty. Orgs. for Reform Now v. Cox, No. 1:06-CV-1891-JTC, 2006 WL , at *7 (N.D. Ga. Sept. 28, 2006); Charles H. Wesley Educ. Found., 324 F. Supp. 2d at In this case, Georgia s voter registration scheme irreparably harms eligible voters including those who register through the Plaintiffs registration programs by imposing a deadline that is substantially in \\NY / v1 17

33 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 23 of 29 excess of the thirty days allowed under Section 8 of the NVRA. This scheme also irreparably and negatively limits the ability of the Plaintiffs to conduct effective voter registration programs in advance of federal runoff elections, including the June 20 runoff, and forces them to divert limited resources to programs that are much less effective. This irreparable harm weighs strongly in favor of granting emergency relief. D. The Balance of Hardships Weigh in Favor of an Injunction The balance of hardships also clearly weighs in favor of Plaintiffs and in favor of granting the requested relief herein. The requested relief will not subject the Defendants to any unreasonable hardship if they are required to accept voter registration applications through May 22, 2017 and to allow those registered voters to cast ballots that will count in the June 20, 2017 special runoff election. To be sure, there may be some administrative inconvenience associated with complying with the NVRA s 30-day registration limit. County registrars would be required to accept registration applications through May 22 and then to add additional eligible voters to the registration list for the June 20, 2017 runoff election. But the inconvenience of complying with federal law is not a sufficient burden to justify denying the \\NY / v1 18

34 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 24 of 29 relief sought by Plaintiffs, particularly when county registrars process voter registration applications in Georgia year-round in any event. On the other hand, the current registration scheme, if left in place, will deny eligible Georgians in CD 6 the right to register and vote in a runoff election for a federal office, even if they are registered at least thirty days prior to that election, in violation of Section 8 of the NVRA. Eligible residents who wish to register to vote in the upcoming runoff will be denied that right absent injunctive relief. Moreover, the current scheme will operate to limit Plaintiffs ability to conduct effective voter registration programs to expand access to the ballot for minority and underserved communities in CD 6 and in future federal runoff elections. Given these factors, the balance of hardships clearly weighs in Plaintiffs favor. E. An Injunction is in the Public Interest The public interest will be best served by enforcing federal law aimed at allowing every eligible resident of Georgia to register and cast a vote in each runoff election in compliance with the 30-day registration mandate of Section 8 of the NVRA, thereby preserving the fundamental right to vote and fostering the ability of Plaintiffs to conduct effective voter registration programs. \\NY / v1 19

35 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 25 of 29 It is hard to imagine what argument the State could possibly have that the emergency relief sought by Plaintiffs here would not be in the public interest. Georgia s ongoing violation of a federal law enacted for the purpose of expanding access to the ballot and erasing artificial barriers to voter registration and participation is patently not in the public interest and runs contrary to Congress intent in enacting NVRA. Any contention by the State that the public interest would best be served by denying remedial relief here because of administrative inconvenience or unbudgeted cost should be rejected when the result would be to deny eligible Georgians the right to participate in the CD 6 special runoff election and would continue to limit the Plaintiffs ability to effectively register eligible Georgians through their registration programs. IV. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that the Court enter an order granting their motion for a temporary restraining order and preliminary injunction, and such further relief as it deems just and proper. V. RULE 7.1 CERTIFICATION I hereby certify that the foregoing was prepared in accordance with \\NY / v1 20

36 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 26 of 29 the font and point selections approved by the court in Local Rule 5.1B. s/ Bryan L. Sells Bryan L. Sells Dated: April 20, 2017 Respectfully submitted, s/ Bryan L. Sells Bryan L. Sells Georgia Bar No The Law Office of Bryan Sells, LLC PO Box 5493 Atlanta, Georgia Tel: (404) Ira M. Feinberg (pro hac vice to be filed) New York Bar No Hogan Lovells US LLP 875 Third Avenue New York, NY Tel: (212) Jonathan Abram (pro hac vice to be filed) District of Columbia Bar No Paul M. Wiley (pro hac vice to be filed) Virginia Bar No Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, N.W. Washington, DC Tel: (202) \\NY / v1 21

37 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 27 of 29 Ezra D. Rosenberg (pro hac vice to be filed) New Jersey Bar No Julie Houk (pro hac vice to be filed) California Bar No John Powers (pro hac vice to be filed) District of Columbia Bar No Lawyers Committee for Civil Rights Under Law 1401 New York Avenue NW, Suite 400 Washington, D.C Tel: (202) Counsel for Plaintiffs \\NY / v1 22

38 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 28 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLES AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; and THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE-ATLANTA, INC., as an organization; Civil Action Case No. Plaintiffs, v. STATE OF GEORGIA and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. CERTIFICATE OF SERVICE I hereby certify that I provided notice and a copy of the foregoing PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION FOR A TEMPORARY RESTRAINING \\NY / v1 1

39 Case 1:17-cv TCB Document 2-1 Filed 04/20/17 Page 29 of 29 ORDER AND PRELIMINARY INJUNCTION to Brian Kemp, Georgia Secretary of State; C. Ryan Germany, General Counsel to the Georgia Secretary of State; Russell Willard. Esq., Senior Assistant Attorney General, and Cristina Correia, Assistant Attorney General, by electronic mail at the following addresses: Brian P. Kemp: C. Ryan Germany, Esq.: Russell Willard, Esq.: Cristina Correia, Esq.: Formal service of this document will follow by hand. This 20th day of April, By: /s/ Bryan L. Sells Bryan L. Sells Georgia Bar No The Law Office of Bryan L. Sells, LLC Post Office Box 5493 Atlanta, Georgia Phone: (404) \\NY / v1 2

40 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 1 of 10 EXHIBIT 1

41 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 2 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. DECLARATION OF JULIE M. HOUK IN SUPPORT OF PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

42 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 3 of 10 DECLARATION Pursuant to 28 U.S.C. 1746, I, Julie M. Houk, declare: 1. I am employed as a Senior Special Counsel in the Voting Rights Project of the Lawyers Committee for Civil Rights Under Law (Lawyers Committee) and am admitted to practice law in the District of Columbia, California, New Hampshire, Massachusetts and Illinois. 1 I am also in good standing and admitted to practice in the United States District Courts for the Northern, Eastern, Central and Southern Districts of California as well as in the United States Court of Appeals for the Ninth Circuit. I am not currently admitted to practice in this Court, but will be moving the Court for admission pro hac vice in order to represent the Plaintiffs in this action. 2. I have personal knowledge of the matters stated herein and would testify to the same if called to do so in Court. 3. This lawsuit is being filed as a last resort to prevent eligible residents of Georgia s Sixth Congressional District ( CD 6 ) from being disenfranchised by Georgia s runoff election voter registration scheme. As set forth in the Georgia Constitution, art. II, 2, para. II and O.C.G.A (a), this scheme requires eligible residents of CD 6 to have registered 1

43 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 4 of 10 to vote by March 20, 2017 in order to vote in the June 20, 2017 CD 6 special runoff election, effectively imposing a three month registration deadline on federal runoff elections in Georgia. 4. On February 10, 2017, Georgia Governor, Nathan Deal, issued a writ of election setting April 18, 2017 as the date when a special election would be held to elect a candidate to fill the vacant seat in CD 6, which is open due to Tom Price s confirmation as Secretary of the United States Department of Health and Human Services The CD 6 special election was held on April 18th. Based upon the unofficial election night results reported on the Georgia Secretary of State s website on April 19, 2017, none of the candidates received a majority of the votes in that election. 2 As a result, pursuant to O.C.G.A (a), a special runoff election will take place on June 20, The writ of election may be found on Governor Nathan Deal s website at (last checked April 19, 2017). 2 The CD 6 April 18, 2017 special election unofficial results may be found on the Georgia Secretary of State s website at: (Last checked April 19, 2017). 2

44 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 5 of 10 between the two candidates who received the most votes in the special election. 6. Under Georgia s runoff election voter registration scheme, if eligible residents of CD 6 did not register to vote by March 20, 2017, they are not eligible to vote in the June 20, 2017 CD 6 special runoff election. 7. This runoff scheme violates Section 8 of the National Voter Registration Act of 1993 (52 U.S.C (a)), which prohibits states from imposing voter registration deadlines in excess of thirty days prior to elections for federal offices, including runoff elections. 8. On March 30, 2017, the Lawyers Committee for Civil Rights Under Law tendered written notice pursuant to 52 U.S.C (b) ( NVRA notice letter ) on the Georgia Secretary of State, Brian Kemp; C. Ryan Germany, Esq., General Counsel to the Secretary of State; and on Russell Willard, Esq., Senior Assistant Attorney General of the State of Georgia, and Cristina Correia, Esq., Assistance Attorney General of the State of Georgia, informing them that Georgia s runoff election voter registration scheme, as applied to runoff elections for federal office, including the June 20, 2017 CD 6 special runoff election, violates Section 8 of the NVRA. The letter provided the Defendants with an ample 3

45 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 6 of 10 opportunity to remedy the ongoing violation of the federal law before the commencement of this litigation. A true and accurate copy of said NVRA notice letter is attached and incorporated herein by reference as Exhibit A. 9. After receiving no response to the NVRA notice letter, I called Assistant Georgia Attorney General, Cristina Correia, on April 17, 2017 to inquire whether the Defendants intended to take any remedial action in response to the NVRA notice letter prior to the commencement of litigation. 10. Ms. Correia confirmed during this call that the Defendants did not intend to take any remedial action in response to said NVRA notice letter. Based upon my call with Ms. Correia, I concluded that further efforts to resolve this matter informally prior to the commencement of litigation would be futile because of Ms. Correia's representation that Defendants did not intend to take any remedial action in response to the NVRA notice letter. i 1. I declare that the foregoing is true and correct under penalty of perjury. Executed this 19th day of Apri12017 at Washington, D.C. lie M. Houk [!

46 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 7 of 10 March 30, 2017 Honorable Brian P. Kemp Secretary of State Georgia Department of State 214 State Capitol Atlanta, GA Re: Non-compliance with the National Voter Registration Act of 1993 Dear Secretary Kemp: We write on behalf of the Georgia State Conference of the NAACP, the eligible voters it represents, and others similarly situated, to notify you that your office and the State of Georgia are in violation of Section 8 of the National Voter Registration Act of 1993 (NVRA), 52 U.S.C Section 8(a)(1) of the NVRA requires that each state shall ensure that any eligible applicant is registered to vote in an election if the applicant has registered to vote not later than the lesser of 30 days, or the period provided by State law, before the date of the election. 52 U.S.C (a)(1). A person is registered to vote under Section 8 when the valid voter registration form of the applicant is: (1) submitted to the appropriate State motor vehicle authority in accordance with 52 U.S.C (registration by application simultaneous with an application for a motor vehicle driver's license); (2) submitted by postmarked mail in accordance with 52 U.S.C ; (3) accepted at the voter registration agency in accordance with 52 U.S.C ; or (4) otherwise received by the appropriate State election official. 52 U.S.C (a)(1)(A) (D). See also Arizona Democratic Party v. Reagan, No. CV PHX-SPL, 2016 WL , at *13, *16 (D. Ariz. Nov. 3, 2016) (holding that the Arizona Secretary of State violated the NVRA because the deadline to register by postmarked mail was 31 days before an election and the deadline to register in-person at the MVD was 32 days before an election). The NVRA defines election with reference to the Federal Election Campaign Act of 1971 (FECA). 52 U.S.C (1) (citing 52 U.S.C (1)(A)). FECA defines election as a general, special, primary, or runoff election. Id. Elections for federal office are defined so as to include those for a Representative in Congress. 52 U.S.C (3). Not only does the FECA s definition of the term election specifically include runoff elections, the Tenth Circuit has construed the NVRA s definition of election broadly, finding EXHIBIT A

47 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 8 of 10 that the NVRA applies expressly to all federal general and primary elections, including presidential elections. Fish v. Kobach, 840 F.3d 710, 719 n. 7 (10th Cir. 2016). In Janvey v. Democratic Senatorial Campaign Comm., 793 F. Supp. 2d 825 (N.D. Tex. 2011), the district court noted that, when enacting FECA, Congress chose to adopt the Senate version s broader definition of election that included primary and other nominating elections. Id. at 844 n. 26. The NVRA s clear mandate directly conflicts with Georgia law. To be eligible to vote in a Georgia election, individuals must apply to register to vote by the fifth Monday prior to Election Day. O.C.G.A (b). Both the Georgia Constitution and the Georgia Code treat runoff and special runoff elections as continuations of the initial election when a candidate fails to receive a majority of the votes. In particular, Article II of the Georgia Constitution provides: A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the persons designated for the runoff shall be counted in the tabulation and canvass of the votes cast. GA. CONST. art. II, II, para. II. Additionally, Title 21 of the Georgia Code requires that voters register by the initial election deadline in order to be able to vote in runoff elections: The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein O.C.G.A (a). The upcoming Georgia Sixth Congressional District special election exemplifies how the above-mentioned provisions of Georgia law violate the NVRA. Under state law, if there is a runoff election to decide the winner of the contest for Georgia s Sixth Congressional District on June 20, 2017, the registration deadline for that election would be March 20, See Exhibit 1. Section 8(a)(1) of the NVRA, however, provides that individuals who register between March 21 and May 21, 2017, are eligible to vote in a runoff election held on June 20, Failing to comply with the NVRA would result in numerous eligible citizens

48 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 9 of 10 being denied the opportunity to cast a ballot that will count in that runoff election, if it is held. Please be advised that this letter serves as written notice pursuant to 52 U.S.C (b). These violations of Section 8 of the NVRA are current and ongoing. We are, of course, hoping that an amicable resolution can be reached swiftly. Please contact the undersigned to resolve this matter. Sincerely, Kristen Clarke President and Executive Director Lawyers Committee for Civil Rights Under Law 1401 New York Avenue, NW, Suite 400 Washington DC CC: Russell D. Willard, Esq. Senior Assistant Attorney General Cristina Correia, Esq. Assistant Attorney General 40 Capitol Square Sw Atlanta, GA C. Ryan Germany, Esq. General Counsel Georgia Department of State 214 State Capitol Atlanta, GA 30334

49 Case 1:17-cv TCB Document 2-2 Filed 04/20/17 Page 10 of 10 HOME CORPORATIONS ELECTIONS LICENSING SECURITIES CHARITIES Search VOTER INFO. RESULTS & STATS CANDIDATE INFO. COUNTY & AGENCY 2017 ELECTIONS AND VOTER REGISTRATION CALENDAR ELECTIONS AND VOTER REGISTRATION CALENDAR 2017 ELECTION EVENT DATES: Key Election Dates and Information Register to Vote Military and Overseas Voting Where do I vote? (MVP) Elections Voter Registration Deadline Election Date QUICK LINKS Special Election Date to Fill Vacancies & Present Questions February 21, 2017 March 21, TH CONGRESSIONAL DISTRICT SPECIAL ELECTION 2016 Certified Write-In Candidate Special Election Runoff Date February 21, 2017 April 18, th Congressional District Special Election Date March 20, 2017 April 18, th Congressional District Special Election Runoff Date (if needed) March 20, 2017 June 20, 2017 Special Election Date to Fill Vacancies May 22, 2017 June 20, 2017 INFORMATION Information for Pending Voters Proposed Constitutional Amendments State Election Board Vote Totals Vote for Success: Behind the Scenes Voter Registration Drive Online Complaints Special Election Runoff Date May 22, 2017 July 18, 2017 Special Election Date to Fill Vacancies August 21, 2017 September 19, 2017 Stop Voter Fraud Vote Safe ivote - Students / Educators Great Seal FAQs Advance Voting Info. Special Election Runoff Date August 21, 2017 October 17, 2017 Intent to Tabulate Early Non-GA Resident Voter GA Voter ID Info. Voter Information General Election/Special Election Date to Fill Vacancies & Present Questions October 10, 2017 November 7, 2017 Information Elections Advisory Council Videos 2017 Official Directory General Election/Special Election Runoff Date October 10, 2017 December 5, 2017 LATEST ELECTIONS NEWS 2017 KEY DATES: January 6, 2017 Deadline to Mail or Issue Absentee Ballots for Federal Runoff. O.C.G.A (a) EXHIBIT 1 6TH CONGRESSIONAL DISTRICT SPECIAL ELECTION INFORMATION Wednesday, March 15th 2017 EIGHT CANDIDATES QUALIFY FOR STATE SENATE DISTRICT 32 RACE

50 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 1 of 8 EXHIBIT 2

51 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 2 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. DECLARATION OF HELEN BUTLER IN SUPPORT OF PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

52 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 3 of 8 DECLARATION Pursuant to 28 U.S.C. 1746, I, Helen Butler, declare as follows: 1. I am the Executive Director of the Georgia Coalition for the People s Agenda ( GCPA ). I have personal knowledge of the matters stated herein and would testify to the same if called as a witness in court. 2. The Georgia Coalition for the People s Agenda ( GCPA ) is a Georgia not-for-profit corporation with its principal place of business located in Atlanta, Georgia. 3. The GCPA is a coalition of more than 30 organizations, which collectively have more than 5,000 individual members. 4. The GCPA encourages voter registration and participation, particularly among minority and low-income citizens. 5. The GCPA s support of voting rights is central to its mission. The organization has committed, and continues to commit, time and resources to conducting voter registration drives, voter education, voter ID assistance, and get-out-the-vote efforts in Georgia, such as the Souls to the Polls initiative, which arranges for transportation to the polls during early voting periods following religious services, and the Post the Peach initiative, in which voters are encouraged to make social media posts of the I m a 1

53 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 4 of 8 Georgia Voter peach sticker they receive after voting to encourage voter turnout. 6. The GCPA has traditionally spent a considerable amount of time and resources directed to voter registration efforts and has conducted voter registration drives throughout Georgia, including in the Sixth Congressional District ( CD 6 ), which is comprised of portions of Fulton, DeKalb and Cobb Counties. 7. The GCPA registration drives generally occur throughout the year, but increase in number and intensity ahead of voter registration deadlines for high-interest elections. In fact, the GCPA s heaviest voter registration activity typically occurs within the weeks and days leading up to the close of voter registration in high-interest elections, such as the special election in CD The GCPA typically registers new voters by conducting door to door canvassing, contacting potential registrants in high traffic areas, and by conducting registration drives and events at high schools, community events and at churches. 9. After Governor Deal announced on February 10, 2017, that the special election in CD 6 to fill the vacancy created by Tom Price s confirmation as 2

54 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 5 of 8 Secretary of the United States Department of Health and Human Services would take place on April 18, 2017, the GCPA began making plans to register eligible minority residents of CD 6. This included engaging, training and scheduling volunteers; identifying locations in CD 6 where the GCPA could conduct registration drives; and identifying areas where we believed there were significant numbers of unregistered, eligible minority residents of CD Beginning on March 2, 2017 and continuing through March 20, 2017, the GCPA conducted voter registration drives and events at several high schools in CD 6, the St. James United Methodist Church in Alpharetta, Georgia, outside of the 5 Points and Doraville MARTA stations, and at the Northlake Mall in Atlanta, Georgia. 11. As a result of these efforts, the GCPA assisted approximately 188 CD 6 residents in filling out voter registration applications between March 2 and 20, 2017, and submitted those applications to the appropriate county registrars. 12. Since the close of registration on March 20, 2017, the GCPA has continued to expend significant time and resources to support our voter registration and voter education efforts in CD 6. These efforts have included 3

55 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 6 of 8 conducting voting registration drives at Chattahoochee High School and at Georgia State University in Alpharetta, Georgia on March 27 and on April 11, 2017, respectively. 13. As a result of these efforts, the GCPA assisted an additional 54 residents with their voter registration applications and submitted those applications to appropriate county registrars. However, unless the Court grants remedial relief, none of those individuals who submitted applications after March 20, 2017 will be able to cast ballots that will count in the CD 6 special runoff election on June 20, Although the GCPA will continue its efforts to register eligible residents of CD 6 through May 22, 2017 (which the GCPA contends is the earliest lawful registration deadline for the June 20, 2017 special runoff election mandated by Section 8 of the NVRA), it has been my experience that once a registration deadline passes for an upcoming election, it is more difficult to engage and register prospective voters. Potential applicants lose interest, knowing that they will be unable to vote in the upcoming election, and see no urgency for completing an application once the registration deadline passes. 4

56 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 7 of It has also been my experience that prospective applicants become frustrated and less inclined to participate in the electoral process when they are faced with unnecessary deadlines, such as the effective three-month voter registration deadline for the June 20, 2017 CD 6 special runoff election. As a result, the GCPA must divert resources to educating voters about the runoff election voter registration scheme and its impact on their eligibility to vote in runoff elections if they are not registered by the deadline for the general election. Such unnecessary burdens and hurdles make it harder for the GCPA to further its mission and unfairly disqualify otherwise eligible Georgians from being able to cast ballots for their candidates of choice. 16. Unless the Court grants the injunctive relief sought by the Plaintiffs in this motion, eligible residents in CD who register to vote between March 21 and May 22, 2017 will be unable to vote in the June 20, 2017 special runoff election in violation of the 30-day maximum voter registration deadline for federal elections mandated by Section 8 of the NVRA. 17. I declare under penalty of perjury that the foregoing is true and 5

57 Case 1:17-cv TCB Document 2-3 Filed 04/20/17 Page 8 of 8 correct. Executed this 19th day of April 2017, at Atlanta, Georgia. Helen Butler, Executive Director Georgia Coalition for the People s Agenda 6

58 Case 1:17-cv TCB Document 2-4 Filed 04/20/17 Page 1 of 5 EXHIBIT 3

59 Case 1:17-cv TCB Document 2-4 Filed 04/20/17 Page 2 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. DECLARATION OF PAGE GLEASON IN SUPPORT OF PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

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63 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 1 of 7 EXHIBIT 4

64 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 2 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. DECLARATION OF NSE UFOT IN SUPPORT OF PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

65 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 3 of 7 DECLARATION OF NSE UFOT Pursuant to 28 U.S.C. 1746, I, NSE UFOT, declare: 1. I have personal knowledge of the matters set forth herein and would testify to the same in a court of law if called to do so as a witness. 2. Third Sector Development, Inc. is a Georgia non-partisan, nonprofit 501(c)(3) organization that was founded in Stacey Abrams is the current CEO of Third Sector Development. 3. I am the current Executive Director of the New Georgia Project ( NGP ). NGP is a program of Third Sector Development, Inc. and was formed in NGP s mission is to civically engage citizens in underrepresented communities in Georgia. A majority of NGP s work is devoted to voter registration, voter education and increasing access to the polls for minority citizens throughout Georgia. 5. A significant amount of my time as Executive Director of NGP is devoted to planning, organizing, overseeing and participating in voter registration, voter education and other civic engagement activities throughout Georgia on behalf of the organization. 1

66 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 4 of 7 6. After Governor Deal announced on February 10, 2017 that the Sixth Congressional District special election to fill the seat vacated by Tom Price would be held on April 18, 2017, NGP began making preparations to ramp up its efforts to register eligible minority residents in the Sixth Congressional District ( CD 6 ) so that they would be able to participate in this election. 7. Specifically, NGP began working with community partners and business owners in CD 6 to identify locations where voter registration drives could be conducted; identified communities where we believed there were significant numbers of eligible minority residents who were not yet registered to vote; recruited, trained and scheduled volunteers; created and distributed flyers; and otherwise prepared to ramp up our registration activities in CD 6 in advance of the special election. 8. NGP formally launched its registration activities in CD 6 in advance of the special election on February 18, Our goal was to conduct voter registration drives and/or canvassing in CD 6 every Saturday and Sunday in advance of the March 20, 2017 voter registration deadline for the special election. 2

67 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 5 of 7 9. To that end, NGP set up tables in high traffic areas offering assistance to eligible Georgians to register to vote, including at malls and in front of stores. We also conducted door-to-door canvassing in areas with significant minority populations to assist eligible residents in registering to vote, and participated in joint voter registration and voter education events with community partners. 10. Between February 18 and March 20, 2017, NGP assisted approximately 44 CD 6 residents in filling out registration applications and submitted those forms to the appropriate county registrars. 11. NGP has continued to expend significant time and monetary resources in our voter registration and voter education efforts in CD 6 since the close of registration on March 20, However, the interest and motivation of unregistered eligible residents of CD 6 has significantly declined since the March 20, 2017 registration deadline. This is consistent with our experience registering eligible Georgians in other jurisdictions once the voter registration deadline has passed for an upcoming election. 12. Based upon my experience, voter registration efforts are most successful when conducted during the two-to-three months leading up to the registration deadline for high-interest elections. In this case, the CD 6 3

68 Case 1:17-cv TCB Document 2-5 Filed 04/20/17 Page 6 of 7 special election piqued interest in registration because people wanted to vote during early voting and on April 18. Since the CD 6 special election is now proceeding to a runoff, people continue to want to register so they can vote in the runoff, but are not doing so because of the current runoff registration scheme. 13. As a result, NGP s voter registration efforts are hampered and ultimately less successful when we have to explain to prospective applicants that a registration deadline for an election has passed and that they will not be able to vote until another election at some time in the future. It becomes more difficult to reach voters who become less interested and motivated because of artificial and unnecessarily hurdles that make access to the ballot more difficult, like Georgia s current runoff registration scheme. 14. In fact, between March 21, 2017 and April 10, 2017, NGP assisted in registering only approximately fifteen (15) residents of CD 6, despite continuing to allocate significant time and resources to registering eligible minority residents in CD 6 in advance of the June 20, 2017 runoff election. Although we expect to continue to conduct voter registration and voter education activities in CD 6 until May 22, 2017 (which we contend is the earliest lawful voter registration deadline for the June 20, 2017 special 4

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70 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 1 of 7 EXHIBIT 5

71 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 2 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an organization; GEORGIA COALITION FOR THE PEOPLE S AGENDA, INC., as an organization; PROGEORGIA STATE TABLE, INC., as an organization; THIRD SECTOR DEVELOPMENT, INC., as an organization; and ASIAN AMERICANS ADVANCING JUSTICE ATLANTA, INC., as an organization, v. Plaintiffs, STATE OF GEORGIA; and BRIAN P. KEMP, in his official capacity as Secretary of State for the State of Georgia, Defendants. Civil Action Case No. DECLARATION OF STEPHANIE CHO IN SUPPORT OF PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION National Voter Registration Act of 1993 ( 52 U.S.C , 20507(a)) (Expedited Treatment and Oral Argument Requested)

72 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 3 of 7 DECLARATION Pursuant to 28 U.S.C. 1746, I, Stephanie Cho, hereby declare as follows: 1. Since January 2016, I have been the Executive Director of Asian Americans Advancing Justice-Atlanta. Inc. ( Advancing Justice-Atlanta ). I have personal knowledge of the matters set forth herein and would testify to the same if called to do so in a court. 2. Advancing Justice-Atlanta is a non-partisan, non-profit organization whose mission is to protect and promote the civil, social and economic rights of Asian Americans in Georgia through public policy, legal education, civic engagement, and leadership development. On an annual basis, our work reaches approximately 10,000 people directly, and many more through extensive media coverage. 3. Asian Americans are the fastest growing ethnic and racial minority in the country. The South experienced the fastest Asian population growth, and Georgia has one of the largest foreign-born populations in our region. 4. Despite the growth of the Asian American population in Georgia, Asian American citizens are significantly underrepresented in Georgia s electorate. As a result, since our founding in 2010, Advancing Justice-Atlanta has been heavily involved in helping our historically underrepresented communities to 1

73 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 4 of 7 register to vote and we have been a leader in immigrant civic engagement work in Georgia. 5. In 2016, Advancing Justice Atlanta and the Center for Pan-Asian Community Services came together to found the Georgia Immigrant Alliance for Civic Empowerment. This inaugural group of 27 coalition organizations works to protect the rights of immigrants, refugees, and other communities of color across the state. The coalition has established programs in the areas of Civic Engagement, Policy Advocacy, Leadership Development, and Legal Services. 6. Advancing Justice - Atlanta, often in partnership with the Georgia Immigrant Alliance for Civic Empowerment, conducts voter registration programs year-round. However, we scale up our voter registration efforts in advance of registration deadlines in high-interest elections, such as the special election in Georgia s Sixth Congressional District (CD 6). 7. We help to register voters at various community events and places of worship, including at naturalization ceremonies, community markets, festivals, churches, and mosques. 8. After Governor Deal announced on February 10, 2017, that April 18, 2017 would be the date of the special election to fill the CD 6 seat vacated by Tom Price due to his confirmation as Secretary of the U.S. Department of Health and 2

74 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 5 of 7 Humans Services, Advancing Justice Atlanta and our partner organizations affiliated with the Georgia Immigrant Alliance for Civic Empowerment, began making plans to expand our voter registration programs in CD 6, targeting our efforts at registering eligible Asian Americans and Pacific Islanders in CD These plans included identifying, training and scheduling volunteers, arranging to temporarily hire several paid canvassers, and coordinating with our partner organizations to identify high traffic areas and other locations to optimize the results of our registration work. 10. Between approximately February 26, 2017 and the close of registration on March 20, 2017, Advancing Justice Atlanta provided voter registration assistance to approximately forty-eight CD 6 residents and submitted registration forms on their behalf to appropriate election officials for processing. 11. Due to our limited financial resources and staff, and the dwindling interest of prospective voters in registering to vote after the close of registration on March 20, Advancing Justice Atlanta was forced to scale back our CD 6 voter registration program after that date. As a result, our registration program has been less effective than it would have been if Georgia complied with Section 8 of the NVRA and permitted eligible Georgians to register to vote up to thirty days prior to the runoff election now scheduled for June 20. 3

75 Case 1:17-cv TCB Document 2-6 Filed 04/20/17 Page 6 of Although we continued to offer voter registration assistance to prospective applicants after the close of registration on March 20, 2017, and devoted resources and time to that effort as part of our civic engagement work ahead of the CD 6 special and runoff elections, those efforts have thus far not been successful. We have not submitted any additional registration forms from CD 6 residents to county election officials since the close of voter registration on March 20, Georgia s current runoff election voter registration scheme negatively impacts the effectiveness of our voter registration programs and causes us to divert limited resources to a voter registration program that is less effective because of the state s unlawful runoff election voter registration scheme. 14. Unless the Court grants Plaintiffs motion for a temporary restraining order and preliminary injunction to enjoin Georgia s unlawful runoff election voter registration scheme which violates Section 8 of the NVRA, Advancing Justice Atlanta will continue to be limited in its ability to effectively help eligible Georgians, particularly eligible voters of Asians and Pacific Islander descent, to vote in federal runoff elections, and will be forced to continue to divert its limited resources to a less effective voter registration program. 4

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