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1 Robert Timothy Reagan, States Cannot Require Voter Registration More than Thirty Days before a Federal Runoff Election 1 (2018)

handle is hein.congcourts/fjcscvr0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION States Cannot Require Voter Registration More Than Thirty Days Before a Federal Runoff Election Georgia State Conference of the NAACP v. Georgia (Timothy C. Batten, Sr., N.D. Ga. 1:17-cv-1397) Granting a preliminary injunction, a federal district judge found that a state statute requiring voter registration five Mondays in advance of an election to be eligible to vote in a later runoff election was in- consistent with the National Voter Registration Act's requirement that voter registrations for federal elections be accepted until no more than 30 days before an election. Subject: Registration procedures. Topics: Registration procedures; National Voter Registration Act; recusal; attorney fees. One of Georgia's members of Congress became Secretary of Health and Hu- man Services in February 2017, so a special election was held on April 18 to fill the vacancy.' Because no candidate received a majority of the vote, a runoff election was scheduled for June 20.2 Five voting rights organizations filed a federal complaint in the Northern District of Georgia on Thursday, April 20, against Georgia and its secretary of state challenging a Georgia statute requir- ing voter registration by the fifth Monday before an election to be eligible to vote in the later runoff election, alleging a violation of the National Voter Reg- istration Act of 1993, which requires voter registrations for federal elections to be accepted up to 30 days before the election.' With their complaint, the plain- tiffs filed an emergency motion for a preliminary injunction.' On the day that the case was filed, Judge Eleanor L. Ross found that she had a conflict in the case, and so she recused herself.' On Monday, Judge Tim- othy C. Batten, Sr., granted expedited consideration and set the case for hear- ing on May 4.6 On the day of the hearing, Judge Batten granted the plaintiffs an injunction requiring Georgia to accept voter registrations for the June 20 runoff election until May 21. 1. Opinion at 2, Ga. State Conference of NAACP v. Georgia, No. 1:17-cv-1397 (N.D. Ga. May 4, 2017), D.E. 29. 2. Id. 3. Complaint, id. (Apr. 20, 2017), D.E. 1; see Amended Complaint, id. (Apr. 25,2017), D.E. 17; see also Pub. L. No. 103-31, 107 Stat. 77 (1993), as amended, 52 U.S.C. §§ 20501-20511 (2015). See generally Robert Timothy Reagan, Motor Voter: The National Voter Registration Act (Federal Judicial Center 2014). 4. Preliminary Injunction Motion, Ga. State Conference of NAACP, No. 1:17-cv-1397 (N.D. Ga. Apr. 20, 2017), D.E. 2. 5. Recusal Order, id. (Apr. 20, 2017), D.E. 3. 6. Order, id. (Apr. 24, 2017), D.E. 16; see Minutes, id. (May 4, 2017), D.E. 30. 7. Opinion, supra note 1; see Chris Joyner, 6th District Sees Latest Voting Rights Skirmish, Atlanta J.-Cons., May 19, 2017, at lB. Federal Judicial Center 4/26/2018 1

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