11th Circ. Vacates Poll Book Ruling in Ga. Election Case

David Cross spoke to Law360 about the Eleventh Circuit vacating a ruling requiring the state of Georgia to print paper poll book backups after early voting has concluded, finding that the state’s current procedures do not “severely burden the right to vote,” so they must be left to policymakers, not the court.

The court also dismissed the rest of the state’s appeal over the district court’s decision to side with the plaintiffs in the long-running Georgia election fight, who said the state’s ballot scanners should be set to recognize, or at least flag for review, even very slight marks on the ballot. The district court agreed with the plaintiffs and asked for proposals from the parties but never issued an injunction, so the Eleventh Circuit said it had nothing to review and dismissed that part of the appeal.

David, who represents the plaintiffs, said he was pleased that the appeals court rejected Georgia’s attacks on plaintiffs’ standing in the lawsuit.

“We’ve spent considerable time and expense, as has the district court, dealing with meritless standing challenges from the state,” David said. “We can now focus on the merits of our claims in an effort to better secure elections in Georgia.”

Read the full article.