Morrison & Foerster scored a win on behalf of Georgia voters, with the Eleventh Circuit has ruling that Georgia election officials aren't immune from a dispute challenging the state's allegedly insecure electronic voting system, saying the 11th Amendment doesn't protect the leaders from litigation seeking to end their purported, continuing violations of federal law. The three-judge panel affirmed a lower court's decision that state election officials don't have 11th Amendment immunity from litigation.
Partner David D. Cross, told Law360 that the ruling confirms that the appeal was meritless from the start. “The court's decision finally brings to an end the delay tactics and lets us get our case to a trial on the merits,” he said. The voters are represented by partners David D. Cross and Joseph R. Palmore.