Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION COMMON CAUSE / GEORGIA, ) et al., ) ) Plaintiffs, ) CIVIL ACTION NO. v. ) 4:05-CV-201-HLM ) MS. EVON BILLUPS, Superintendent ) of Elections for the Board of Elections ) and Voter Registration for Floyd ) County and the City of Rome, Georgia, ) et al., ) ) Defendants. ) STATE DEFENDANTS MOTION TO DISMISS PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND TO CANCEL HEARING SET FOR JULY 12, 2006 COME NOW CATHY COX AND THE STATE ELECTION BOARD, Defendants in the above-styled case ( the State Defendants ), by and through their counsel, the Attorney General of Georgia, and hereby move the Court to dismiss Plaintiff s Motion for Preliminary Injunction with no further responses required from any of the parties at this time and to cancel the hearing on that motion currently scheduled for July 12, 2006. In support of their Motion, State Defendants show the following:
Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 2 of 6 1. In their Motion for Preliminary Injunction, Plaintiffs request that this Court enjoin the use of the 2006 photographic identification requirement of O.C.G.A. 21-2-417 ( 2006 photo ID requirement ) for the July 18, 2006 primary election and run-off, at a minimum. However, in a new and related case filed this week in the Superior Court of Fulton County, Lake at al. v. Perdue et al., Civ. Act. File No. 2006-CV-119207, different plaintiffs sought a temporary restraining order against the use of the 2006 photo ID requirement on the same state constitutional grounds previously asserted by Plaintiffs in this case. Today, the Fulton County Superior Court granted a temporary restraining order in Lake. A copy of that order is attached as Exhibit 1 ( Lake Order ). 2. In Lake, the Fulton County Superior Court enjoined the Defendants there, which are Governor Sonny Perdue, the State Election Board and the Fulton County Board of Registration and Elections, from requiring a duly qualified elector to produce stateissued photographic identification of the kind enumerated in the 2006 Photo ID Act as a pre-condition to casting a ballot in Georgia s July 18, 2006 primary election or any resulting run-off election. Instead, the requirements of the law as they stood before the 2005 or 2006 Amendments to O.C.G.A. 21-2
Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 3 of 6 Lake Order, p.4. 2-417, will remain in force. Accordingly, any of the seventeen forms of photographic or non-photographic identification specified in the former O.C.G.A. 21-2- 417(a) will be acceptable to identify himself or herself for in-person voting at the polls. Further, if the person does not have one of the seventeen forms of identification, that person can continue to sign a statement under oath swearing or affirming that he or she is the person identified on the elector s certificate pursuant to the former O.C.G.A. 21-2-417(b). 3. The relief granted by the Fulton County Superior Court is the same relief initially granted by this Court in its October 18, 2005 injunctive order against the 2005 photo ID requirement, i.e., that the State could not enforce that requirement but was required to allow voters to show one of the 17 forms of identification or to sign the affidavit as previously authorized under Georgia law. 4. The relief granted in Lake provides relief Plaintiffs now seek in their Motion for Preliminary Injunction pending before this Court. While the Lake injunction remains in force and the case is being litigated in the state forum, there is no need for this Court to consider Plaintiffs Motion; that Motion no longer presents a live case or controversy under Article III of the United States Constitution. 3
Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 4 of 6 5. Although the State Defendants have appealed the Lake Order, the fact remains that there is currently in place a temporary restraining order for the July 18, 2006 primary and run-off election. It is unnecessary for this Court to enter an injunction as Plaintiffs have requested because plaintiffs in Lake have already obtained that relief. WHEREFORE, the State Defendants respectfully move that Plaintiffs Motion for Preliminary Injunction be dismissed with no further responses required from any of the parties at this time and the hearing set for Wednesday, July 12 be cancelled. This 7th day of July, 2006. Respectfully submitted, THURBERT E. BAKER Attorney General Georgia Bar No. 033887 Department of Law DENNIS R. DUNN State of Georgia Deputy Attorney General 40 Capitol Square, S.W. Georgia Bar No. 234098 Atlanta, GA 30334-1300 Telephone: 404/656-7298 Facsimile: 404/657-9932 dennis.dunn@law.state.ga.us 4
Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 5 of 6 Troutman Sanders LLP /s/ Mark H. Cohen 5200 Bank of America Plaza MARK H. COHEN 600 Peachtree Street, N.E. Special Assistant Attorney General Atlanta, GA 30308 Georgia Bar No. 174567 Telephone: 404/885-3597 Facsimile: 404/962-6753 mark.cohen@troutmansanders.com Strickland Brockington Lewis LLP /s/ Anne W. Lewis Midtown Proscenium, Suite 2000 ANNE W. LEWIS 1170 Peachtree Street, N.E. Special Assistant Attorney General Atlanta, GA 30309 Georgia Bar No. 737490 Telephone: 678/347-2200 Facsimile: 678-347-2210 awl@sbllaw.net 5
Case 4:05-cv-00201-HLM Document 113-1 Filed 07/07/2006 Page 6 of 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that the within and foregoing STATE DEFENDANTS MOTION TO DISMISS PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND TO CANCEL HEARING SET FOR JULY 12, 2006 was electronically filed with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to counsel of record for Plaintiffs. The undersigned also certifies that the within and foregoing document was delivered by email to the following non-cm/ecf participants: H. Boyd Pettit, III, Esq. hbpettit@bellsouth.net This 7th day of July, 2006. Peter Olson, Esq. polson@jnlaw.com /s/ Anne W. Lewis ANNE W. LEWIS 6