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Kristen Lovell, et al. v. Brad Raffensperger, Georgia Secretary of State, et al.

Paid petition · Supreme Court of Georgia, No. S23A0887, S23A1151 · judgment January 17, 2024


Certiorari denied · June 24, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The case before this Honorable Court concerns the misapplication of the grant of sovereign immunity for elections officials in Georgia that have failed to perform their legal and ministerial duties in regards to funding, equipping, implementing, conducting and administering State and Federal elections in compliance with the laws and Constitutions of Georgia and the United States (“US”). The improper granting of this doctrine has resulted in the Petitioners’ being deprived of their constitutionally protected right to redress their grievances, right to vote and right to privacy. This case also concerns the effective federalization of our elections in violation of Article 1, Sections 1, 4 and 8, the Ninth and Tenth Amendments, via an illegal fiat by then Secretary of Homeland Security, Jeh Johnson, in January 2017, in which he characterized elections as ‘critical infrastructure’. Additionally, in 2002, the Georgia Secretary of State (“SOS”), Cathy Cox, also perpetrated an illegal and unconstitutional fiat which moved the entire voting system in Georgia to an electronic system without the statutorily and constitutionally required referendum votes of the electors. The questions presented are as follows: 1. Whether the granting of the defense of sovereign or official immunity for employees or officials that are acting outside of the authority of their office, unlaw­ fully, or in contravention to the Georgia or U.S. Con­ stitutions is in violation of rights protected by the First, Ninth and Fourteenth Amendments of the U.S. Constitution and Article I, Section I, Paragraphs I, II, i VII, IX and XXVIII of the GA Constitution? > \

Counsel of record

For petitioner
Lori Tullos

For respondent
Christian G. Henry
Hall Booth Smith PC

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 24 2024
    Petition DENIED.
  2. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  3. May 31 2024
    Brief amici curiae of Robert Coovert and Carol Chamberlain filed. (Distributed)
  4. May 31 2024
    Brief amici curiae of Kim P. Brooks and Helen Strahl filed. (Distributed)
  5. May 17 2024
    Waiver of right of respondents Morgan County Board of Elections and Registration, Jennifer Doran, James Woodard, Barry Broadnax, Tim Carter, Mary Kay Clyburn and Kirby Hayes to respond filed.
  6. May 07 2024
    Waiver of right of respondent Brad Raffensperger to respond filed.
  7. Apr 16 2024
    Petition for a writ of certiorari filed. (Response due May 31, 2024)