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Andrew W. Bell v. Brad Raffensperger, Georgia Secretary of State, et al.

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10059 · judgment October 30, 2025


Dismissed · March 23, 2026

Questions presented

  1. Whether a court of appeals violates Federal Rules of Appellate Procedure 40 and 41 when it issues a mandate after granting a motion to correct a petition for rehearing en banc, without notice, briefing, or an order shortening the mandate period.

  2. Whether the Constitution requires recognition of a fraud-on-the-court exception to the Rooker-Feldman doctrine where a state-court judgment is alleged to have been procured through altered documents, misrepresentations, or other misconduct preventing meaningful judicial review.

  3. Whether Georgia’s statutory requirement that a candidate challenge the denial of a nomination petition within five days—combined with delayed notice and the inability to obtain timely judicial review—violates the. Due Process Clause of the Fourteenth Amendment.

  4. Whether Georgia’s ballot-access scheme, including the five-percent signature requirement for non-statewide independent candidates and the compressed judicial-review timeline, imposes unconstitutional burdens on the First and Fourteenth Amendment rights of candidates and voters.

  5. Whether the Eleventh Circuit erred in refusing to review evidence of document alteration, signature-verification irregularities, and inconsistent application of state election procedures, where such irregularities prevented Petitioner from obtaining meaningful review in state court.

Counsel of record

For petitioner
Andrew W. Bell

For respondent
John Henry Tab Thompson
Georgia Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2026
    The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
  2. Feb 26 2026
    DISTRIBUTED for Conference of 3/20/2026.
  3. Feb 19 2026
    Waiver of right of respondent Brad Raffensberger, et al. to respond filed.
  4. Jan 27 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)