New Georgia Project Lawsuit PDF

IN THE SUPERIOR COURT OF FULTON COUNT
STATE OF GEORGIA
THIRD SECTOR DEVELOPMENT, INC.; THE
NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE; and THE
GEORGIA STATE CONFERENCE OF THE NATIONAL
ASSOCIATION FOR THE ADVANCEMENT OF
COLORED PEOPLE,
Plaintiffs,
V.
BRIAN P. KEMP, In His Capacity As Secretary of the
State of Georgia; FULTON COUNTY BOARD OF
REGISTRATION AND ELECTIONS; MARY CAROLE
COONEY, RUKIYA EADDY, STAN MATARAZZO,
DAVID J. BURGE and LUTHER W. BECK, In Their
Capacities As Members of the Fulton County Board of
Registration and Elections; DEKALB COUNTY BOARD
OF REGISTRATIONS AND ELECTIONS; MICHAEL P.
COVENY, CATHERINE GILLIARD, LEONA PERRY,
SAMUEL E. TILLMAN and BAOKY N. VU, In Their
Capacities as Members of the DeKalb County Board of
Registrations and Elections; CHATHAM COUNTY
BOARD OF ELECTIONS; JOSEPH STEFFEN, JR.,
DEBBIE RAUERS, MONIFA JOHNSON, ERNESTINE J.
JONES, and STAN KACZOROWSKI, In Their Capacities
As Members of the Chatham County Board of Elections;
MUSCOGEE COUNTY BOARD OF ELECTIONS AND
REGISTRATIONS; MARGARET JENKINS, UHLAND
ROBERTS, DIANE SCRIMPSHIRE, LINDA PARKER
and ELEANOR WHITE, In Their Capacities as Members
of the Muscogee County Board of Elections and
Registration; CLAYTON COUNTY BOARD OF
ELECTIONS AND REGISTRATION; and HARRY A.
OSBORNE, RUTH ASH, DOROTHY FOSTER HALL,
PATRICIA PULLAR, and GEORGE SLIGH, In Their
Capacities as Members of the Clayton County Board of
Elections and Registration;
Defendants.
OCT
DEPUTY CLERK SUPER!OR COURT

FULTON COUNTY, GA
Civil Action No.
PETITION FOR WRIT OF MANDAMUS

1.
This is an action for mandamus for the Court to require the Secretary of State
of Georgia and the Board of Registrars of five counties to carry out their clear,
unequivocal, and nondiscretionary statutory duties and obligations to determine the
eligibility to vote of applicants for voter registrations and to add eligible voters to the
state and county voting rolls. Without an order from this Court requiring the
defendants to carry out their statutory duties, eligible voters will be deprived of their
right to vote guaranteed by the Constitution of the State of Georgia.
2.
The Secretary of State and the defendant Boards of Registrars have failed to act
timely to determine the eligibility of thousands of registration applications that were

submitted to them. Their failure to timely make eligibility determinations and their
failure to timely notify applicants they have deemed to be ineligible has unjustly denied
those applicants the ability to demonstrate their eligibility, and will, if a writ of
mandamus is not issued, deprive eligible citizens of their constitutional right to vote in
the election that will take place on November 4, 2014.
The Parties
3.
Plaintiff Third Sector Development, Inc. ("Third Sector"), is a Georgia not for
profit corporation. It is a 501(c)(3) organization founded in 1998 and led by Georgia

State Representative Stacey Abrams. The New Georgia Project ("NGP") is a nonpartisan program of Third Sector that was launched in 2013. NGP's mission is to
civically engage Georgians in underrepresented communities.
4.
Plaintiff The National Association for the Advancement of Colored People
("NAACP") is a New York not for profit 501(c)(3) organization founded in 1909. The
NAACP is a membership based organization with 10,099 members in the State of
Georgia. Its mission to ensure the political, educational, social and economic equality of
rights of all persons has always included advocating on behalf of disenfranchised voters
and voter registration is at the forefront of its civic engagement activities.
5.
Plaintiff Georgia State Conference of the National Association for the
Advancement of Colored People ("Georgia NAACP") is a Georgia not for profit

corporation. The purpose of Georgia NAACP is to implement the mission of the
NAACP within Georgia. Georgia NAACP has worked to protect voting rights through
litigation, advocacy, legislation, and communications, including work to promote voter
registration, voter education, get out the vote efforts, election protection, Census
participation and redistricting. Georgia NAACP conducted voter registration drives for
the 2014 election cycle and submitted thousands of voter registration applications to
Georgia elections officials in advance of the October 6, 2014, voter registration deadline.
Many of these applications were submitted by members of the NAACP and were from
African American citizens of Georgia.
6.
Defendant Brian Kemp is the Secretary of State of the State of Georgia. The
Secretary of State is the Chief Elections Administrator for the State of Georgia. The
Secretary of State is the chief state election official. The Elections Division of the
Secretary of State's Office organizes and oversees all election activity, including voter
registration, municipal, state, county and federal elections. The Secretary of State has
the duty to maintain the official list of registered voters for the State of Georgia and the
list of inactive voters required under 0.C.G.A. Chapter 21-2. Secretary Kemp is sued in
his official capacity as Secretary of State. Secretary Kemp is subject to the personal
jurisdiction of this Court.
7.
Defendant Fulton County Board of Elections and Registration is the Board of
Registrars for Fulton County, Georgia. Defendants Mary Carole Cooney, Rukiya Eaddy,
Stan Matarazzo, David J. Burge and Luther W. Beck are members of the Fulton County
Board of Elections and Registration. They are sued in their official capacities as
members of the Board. The Fulton County Board of Elections and Registration and its
members are subject to the personal jurisdiction of this Court.
8.
Defendant DeKalb County Board of Elections and Registration is the Board of
Registrars for DeKalb County, Georgia. Defendants Michael P. Coveny, Catherine

Gilliard, Leona Perry, Samuel E. Tillman and Baoky N. Vu are members of the DeKalb
County Board of Elections and Registration. They are sued in their official capacities as
members of the Board. The DeKalb County Board of Elections and Registration and its
members are subject to the personal jurisdiction of this Court.
9.
Defendant Chatham County Board of Elections is the Board of Registrars for
Chatham County, Georgia. Defendants Joseph Steffen, Jr., Debbie Rauers, Monifa
Johnson, Ernestine J. Jones and Stan Kaczorowski are members of the Chatham County
Board of Elections. They are sued in their official capacities as members of the Board.
The Chatham County Board of Elections and its members are subject to the personal
jurisdiction of this Court.
10.
Defendant Board of Elections and Registration serving Muscogee County is the
Board of Registrars for Muscogee County, Georgia. Defendants Margaret Jenkins,

Uhland Roberts, Diane Scrimpshire, Linda Parker and Eleanor White are members of
the Board of Elections and Registration. They are sued in their official capacities as
members of the Board. The Board of Elections and Registration serving Muscogee
County and its members are subject to the personal jurisdiction of this Court.
11.
Defendant Clayton County Board of Elections and Registration is the Board of
Registrars for Clayton County, Georgia. Defendants Harry A. Osborne, Ruth Ash,
Dorothy Foster Hall, Patricia Pullar and George Sligh are members of the Clayton
County Board of Elections. They are sued in their official capacities as members of the
Board. The Clayton County Board of Elections and its members are subject to the
personal jurisdiction of this Court.
12.
The defendant Boards of Registrars and their members are collectively referred
to in this Petition as the "Boards."

Jurisdiction and Venue
13.
This Court has subject matter jurisdiction of this action pursuant to Article VI,
Section IV of the Constitution of the State of Georgia.

14.
Venue is proper in this Court pursuant to Article VI, Section II of the
Constitution of the State of Georgia.

Background
15.
According to an analysis based on the 2012 Census, more than 800,000 African-
Americans, Latinos, and Asian Americans eligible to vote in Georgia were not
registered to vote. The New Georgia Project is focused on reaching those

underrepresented communities, expanding the number of registered voters, and
increasing access to the polls and other activities to improve civic engagement.
16.
Between March and September 15, 2014, NGP conducted a campaign to register
people who are eligible to vote in Georgia but who were not registered to vote. NGP's
campaign was conducted pursuant to the Rules for Voter Registration by Private
Entities ("Rules"), Georgia Comp. R. & Regs. 183-1-6-.02.
17.
Thus far, NGP's voter registration drive has collected and submitted 81,606 voter
registration applications.
18.
NGP utilized a professional firm trained to use a formalized voter registration
process for the organization's activities. The manual used by this firm is attached as
Exhibit A. The firm closely monitors the registration activities of its canvassers and the
registration applications it collects and submits for processing.
19.
NGP kept the Secretary of State fully apprised of NGP's voter registration
activities, including its training and its quality control procedures, through meetings
and other communications. In particular, Lauren Groh-Wargo and other NGP
representatives met on June 3, 2014, with Chris Harvey, the Secretary's Chief
Investigator, and Frances Watson, another investigator on the Secretary's staff. On
August 22, 2014, Ms. Groh-Wargo and the Executive Director of the Georgia Coalition
for the People's Agenda met with Linda Ford, the Director of Elections for the State of
Georgia. The purpose of the meeting was to familiarize Ms. Ford with the NGP voter
registration effort and to develop a working relationship with her. They covered many
of the same topics that they had discussed with Mr. Harvey on June 6 and provided a
copy of the training manual to Ms. Ford. Ms. Ford indicated that she had not received
any complaints about NGP. On that same day Ms. Groh-Watson met briefly again with
Mr. Harvey. The Secretary's staff was given a copy of the training manual used in
NGP's drive. At no time did any member of the Secretary of State's office indicate that
the procedures were in any way inadequate or improper. Mr. Harvey suggested that
NGP do background checks on its canvassers and NGP made arrangements for the
canvassers to receive background checks. See Affidavit of Lauren Groh-Wargo, filed
contemporaneously with this Petition.
20.
Through its campaign, New Georgia Project received 81,606 applications for
registration statewide. Pursuant to the Rules for Voter Registration by Private Entities
NGP was required to, and did, timely transmit all completed applications that it
received to the applicable boards of county election registrars. Georgia Comp. R. &
Regs. 1834-6-.02(8)(a).
21.
Of the applications submitted to county registrars, approximately 36,982 were
submitted to Fulton County, 11,308 to DeKalb County, 6,742 to Chatham County, 11,222
to Muscogee County, and 3,157 to Clayton County.
Legal Standards and the Defendants' Failure to Meet Them
22.
The right to vote in Georgia is enshrined in Article II, Section 1, Paragraph 2 of
the Georgia Constitution:
Right to register and vote. Every person who is a citizen of

the United States and a resident of Georgia as defined by
law, who is at least 18 years of age and not disenfranchised
by this article, and who meets minimum residency

requirements as provided by law shall be entitled to vote at
any election by the people. The General Assembly shall
provide by law for the registration of electors.
23.
Pursuant to 0.C.G.A. 21-2-211(a), the Secretary of State "shall establish and
maintain a list of all eligible voters and qualified registered electors in this state which
shall be the official list of electors for use in all elections in this state." Upon information
and belief, tens of thousands of applicants for whom NGP submitted applications do
not appear on the Secretary's list of eligible voters. NGP commissioned a study to
match the applicants whose applications NGP submitted to the Secretary's list of
eligible voters and list of pending applications. As of October 6, 2014, the number of
applicants that could not be matched to the Secretary's lists totaled 56,001. See Affidavit
of Thomas Bonier, filed contemporaneously with this Petition. It is likely that the vast
majority of these applicants do not appear on the Secretary's eligible voter list. It is also
likely that a reason for unmatched applicants is that the information input into the voter
registration system by county registrars does not match data in the State's Division of
Driver Services database or the Social Security database. That could be due to reasons
such as slight mismatches in fields (e.g., initial instead of first name), missing data fields,
lack of driver's license, or lack of social security number. NGP cannot determine an
exact number because of the limited data to which it has access.
24.
Georgia NAACP also conducted voter registration drives for the 2014 election
cycle and submitted thousands of voter registration applications to Georgia elections

officials in advance of the October 6, 2014, voter registration deadline. Many of these
applications were submitted by members of the NAACP and were from African
American citizens of Georgia. Georgia NAACP is informed and believes and thereon
alleges that it is likely that significant numbers of voter registration applicants who
submitted registration forms during Georgia NAACP's registration drives are not on
the State's voter registration list.
25.
County boards of registrars have the duty and responsibility to determine
whether applicants for voter registration are eligible to vote. The county boards of
registrars provide the identities of applicants that they determine to be eligible voters to
the Secretary of State to be included on the official list of electors.
26.
The defendant Boards have received applications from New Georgia Project for
an approximate total of 56,001 applicants whose names NGP cannot match to the
Secretary of State's list of eligible voters or list of pending applications, as follows:
26,916 received by Fulton County
7,481 received by DeKalb County
4,466 received by Chatham County
6,899 received by Muscogee County
2,105 received by Clayton County
27.
If, in evaluating applications for registration, a board of registrars determines
that an applicant has failed to provide all of the required information on the application
with the exception of current and valid identification, "the board of registrars shall
notify the registrant in writing of the missing information," as required by 0.C.G.A.
21-2-220(d) (emphasis supplied).
28.
If the initial application is received prior to the close of voter registration prior to
an election, if the applicant supplies the necessary information on or prior to the date of
the election, and if the applicant is found eligible to vote, the applicant shall be added to
the list of electors and shall be permitted to vote in the election, pursuant to 0.C.G.A.
21-2-220(d).
29.
All of the applications submitted by NGP and Georgia NAACP were received by
the applicable Boards before the close of voter registration, and the vast majority were
received well in advance of the close of registration on October 6, 2014, for the 2014
general election.
30.
The duty to notify applicants of the need to supply information and provide an
opportunity to provide necessary information before the date of the election is clear,
unequivocal, and nondiscretionary.
31.
The defendant Boards have failed to comply with their clear, unequivocal, and
nondiscretionary duty to notify applicants who have not been placed on the Secretary's
list of eligible voters that they have failed to provide all of the required information on
their applications for voter registration.
32.
At a September 17, 2014 State Election Board meeting, the Secretary of State's
office announced that 25 application forms that were submitted by NGP were not valid
and another 26 were suspect. The Secretary of State has begun an investigation relating
to the submission of those forms. NGP has cooperated and is cooperating in that
investigation. At an October 7, 2014 State Election Board meeting, the Secretary of
State's office stated that it had received 134 applications from counties that the counties
10
had identified as possibly fraudulent. The Secretary of State's office made a

determination that 50 of those applications were fraudulent, 49 were suspicious, but no
final determination had been made, and 35 were legitimately submitted applications.
33.
The investigation of potentially invalid or suspect forms does not relieve the
Secretary or the Boards of the unequivocal and nondiscretionary duties to evaluate each
application on its own merits and to notify applicants if their applications are deemed
to have missing information in sufficient time for the applicants to supply the missing
information and vote in the November 4 election.
34.
If the defendant Boards fail to comply with their duty to give applicants for voter
registration notice of missing information on their applications and an opportunity to

supply that information, eligible voters will not be placed on the Secretary of State's list
of eligible voters. As a result, eligible voters will be deprived of their right to vote in the
November 4 election granted by the Constitution of the State of Georgia.
35.
Because NGP had serious concerns that eligible voters were not being added to
the list of eligible voters that is maintained by the Secretary of State and that the
Secretary of State and county Boards of Registrars were not complying with their legal
duties, for the reasons described above, NGP sought to have a meeting with
representatives of the Secretary of State's office. On October 3, 2014, Julie M. Houk,
Senior Special Counsel for the Lawyers' Committee for Civil Rights Under Law
("Lawyers Committee"), sent a letter to Secretary of State Kemp and Linda Ford,
Director of Elections. In the letter, Ms. Houk detailed NGP's concerns and requested a
meeting to discuss those concerns. Ms. Houk specifically informed Secretary Kemp and
Ms. Ford that the main purpose of the proposed meeting was to obtain assurances that
the Secretary of State and the Boards would comply with their statutory obligations that
are the subject of this Petition. A copy of Ms. Houk's letter is attached as Exhibit B to
this Petition.
36.
The Secretary rejected the meeting request. On behalf of the Secretary, C. Ryan
Germany, General Counsel of the Office of Secretary of State, sent a letter to Ms. Houk
on October 6, 2014. Mr. Germany stated that he had "concern that a meeting would not
be productive." He also stated his belief that Ms. Houk had threatened litigation. To the
contrary, NGP sought a meeting so that NGP could obtain assurances that the Secretary
and Boards would comply with their statutory obligations so that litigation would not
be necessary. A copy of Mr. Germany's letter is attached as Exhibit C to this petition.
37.
Upon receiving Mr. Germany's letter, Ms. Houk responded by letter the same
day, October 6, 2014. In her letter, Ms. Houk made it clear that her previous letter was
written "in a genuine good faith effort to avoid litigation, rather than as a 'threat' of
litigation." She went on to say: "It would clearly be in the best interests of the applicants
and the State of Georgia" if the goal of ensuring that every eligible Georgian be on the
registration rolls "could be reached without the need for litigation." The letter also
noted that the Georgia NAACP was joining in the request for a meeting in an effort to
resolve these issues without the need for litigation. Ms. Houk once again requested that
the Secretary agree to a meeting and asked for a response by October 8, 2014. A copy of
Ms. Houk's October 6, 2014, letter is attached as Exhibit D to this Petition.
12
38.
Mr. Germany responded with a letter sent by e-mail late in the day on October 9,
2014. Mr. Germany did not address any of the specific concerns that Ms. Houk had
raised in her letters. He merely summarized his view of the general obligations and
procedures of the Secretary of State and the county registrars. Mr. Germany made it
clear that the Secretary of State's office had not attempted to investigate to determine
whether the concerns of NGP and Georgia NAACP were well founded. Instead, he
indicated only that the Secretary of State's office was "not aware" of any county
registrar who "believes" that his or her office will be unable to process all timely
submitted applications, it had "not received any indication" from county election
officials that any applicant who timely submitted an application and provided
information necessary to determine eligibility will be left off the voter rolls, and that the
office was "not aware" of the data entry errors, system matching errors, or other
administrative problems that NGP had brought to the Secretary's attention. Although
NGP had previously provided specific information, Mr. Germany asked for specifics.
Once again Mr. Germany rejected NGP's request for a meeting to address NGP's
concerns and show that the Secretary of State's office and county Boards of Registrars
would comply with their statutory obligations. Mr. Germany maintained that such a
meeting "is not possible until after this election cycle." By that time it will be too late. If
the Secretary's office and county Boards of Registrars have not complied with their
obligations the election will have occurred and eligible voters will have been left off the
rolls. A copy of Mr. Germany's October 9 letter is attached as Exhibit E to this Petition.
13
39.
Ms. Houk replied to Mr. Germany's letter by letter dated October 10, 2014. Ms.
Houk reiterated NGP's hope that a meeting could have resulted in an informal
resolution to ensure that all eligible persons who submitted valid and timely voter
registration applications were entered onto the rolls and able to vote a regular ballot
during early voting and on November 4, 2014. She also expressed disappointment that
Mr. Germany had not responded to the specific concerns that were raised in her
October 6 letter and had not provided any insight into what efforts, if any, the Secretary
of State's office had undertaken to evaluate the capacity and ability of county elections
officials to process outstanding voter registration applications in time for early voting or
even by November 4. As NGP had previously offered, but the Secretary had not
accepted, Ms. Houk provided data that would allow the Secretary's office to confirm
that over 40,000 voter registration applicants are still not on the rolls or on the
Secretary's pending list. A copy of Ms. Houk's October 10 letter s attached as Exhibit F
to this Petition.
40.
In short, the Secretary has refused multiple requests by NGP and Georgia
NAACP that he demonstrate that his office and the Boards will comply with their clear,
unambiguous, and nondiscretionary duties. By his actions, the Secretary has invited this
legal action.
41.
The issuance of a Writ of Mandamus is therefore necessary to require the
defendant Boards and the Secretary of State to comply with their unequivocal duties
and obligations to make timely determinations of the eligibility to vote of applicants for
14
voter registration and to place eligible voters on the Secretary of State's list of eligible
voters.
Petition for Writ of Mandamus

42.
Plaintiffs bring this action pursuant to 0.C.G.A. 9-6-20, et seq., by which Third
Sector, NAACP, and Georgia NAACP seek a Writ of Mandamus from this Court to
compel the defendants to perform their official duties.
43.
As organizations dedicated to help register eligible Georgia voters, Third Sector,
NAACP, and Georgia NAACP are interested in having the voter registration laws
executed and the duties of the defendants imposed by those laws enforced. The issue
presented in this action is one of the public right and the object is to procure the
enforcement of the public duty to ensure that the constitutional right to vote of all
eligible voters is protected.
44.
The defendants have the following clear, unequivocal, and nondiscretionary
duties:
(a) The defendant Boards and their members have the clear, unequivocal, and
nondiscretionary duty pursuant to 0.C.G.A. 21-2-220(d) to notify applicants for voter
registration in writing of necessary information that is missing from their applications.
(b) If the initial application is received prior to the close of voter registration prior
to an election, if the applicant supplies the necessary information on or prior to the date
of the election, and if the applicant is found eligible to vote, the defendants have the
clear, unequivocal, and nondiscretionary duty to add the applicant to the list of electors
and permit them to vote in the election, pursuant to 0.C.G.A. 21-2-220(d).
15
(c) The defendant Boards and their members have the clear, unequivocal, and
nondiscretionary duty to provide notice to applicants of missing information in
sufficient time for applicants who have submitted their applications prior to the close of
registration to submit missing information prior to the date of the election.
(d) The Secretary of State has the unequivocal and nondiscretionary duty pursuant
to 0.C.G.A. 21-2-211 (a) to place the names of all eligible and qualified registered
electors on the official list of electors for use in all elections in Georgia conducted under
Title 2 of 0.C.G.A. Title 21.
45.
The defendants have breached each of the duties described in the previous
paragraph.
46.
Third Sector, NAACP, and Georgia NAACP have the clear legal right to the relief
sought but have no complete remedy other than mandamus.

47.
Third Sector, NAACP, and Georgia NAACP are entitled to seek a Writ of
Mandamus because there is no adequate legal remedy for the defendants' breach of
their official duties that would deprive eligible voters of their constitutional right to
vote.
48.
Accordingly, Third Sector, NAACP, and Georgia NAACP are entitled to a Writ
of Mandamus ordering the defendants to:

(a) Promptly process all pending applications for voter registration submitted by
New Georgia Project and Georgia NAACP;
(b) Provide notice to applicants who have submitted their applications prior to the
close of registration of the information that is missing from their applications in
16
sufficient time for the applicants to submit missing information prior to the date of the
election.
(c) If applicants supply the necessary information on or prior to the date of the
election, and if the applicants are found eligible to vote, add the applicants to the list of
electors and permit them to vote in the election taking place on November 4, 2014.
(d) Add applicants who are eligible and qualified to be registered electors in
Georgia to the Secretary of State's official list of electors used in all elections in Georgia.
WHEREFORE, plaintiffs Third Sector, NAACP, and Georgia NAACP pray that:
(a) The Court issue a Mandamus Nisi to the defendants requiring them to show
cause not less than 10 nor more than 30 days from the date of issuance why a
Mandamus should not be issued against them requiring them to fulfill their legal duties
as set forth in paragraph 44 above;
(b) The Court issue an Absolute Writ of Mandamus requiring defendants to:
(i) Promptly process all pending applications for voter iegistration submitted
by New Georgia Project and Georgia NAACP;
(ii) Provide notice to applicants who have submitted their applications prior
to the close of registration of the information that is missing from their applications in
sufficient time for the applicants to submit missing information prior to the date of the
election.
17
(iii) If applicants supply the necessary information on or prior to the date of

the election, and if the applicants are found eligible to vote, add the applicants to the list
of electors and permit them to vote in the election taking place on November 4, 2014.
(iv) Add applicants who are eligible and qualified to be registered electors in
Georgia to the Secretary of State's official list of electors used in all elections in Georgia.
(c) The Court award costs to Third Sector, NAACP, and Georgia NAACP;
(d) The Court grant such other and further relief that the Court deems just and
proper.
Dated: October 10, 2014
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.

By: V
V. Robert Denham, Jr.
Georgia State Bar No. 217712
[email protected]
Jennifer A. Adler
[email protected]
One Atlantic Center
1201 West Peachtree Street
Suite 2200
Atlanta, GA 30309-3453
404-760-4300
and
Thomas L. Hamlin (pro hac vice pending)
[email protected]
18
800 LaSalle Avenue

2800 LaSalle Plaza
Minneapolis, MN 55402-2015
612-349-8500
ATTORNEYS FOR PLAINTIFF THIRD

SECTOR DEVELOPMENT, INC.
and
LAWYERS' COMMITTEE FOR CIVIL RIGHTS
UNDER LAW
Julie M. Houk (pro hac vice pending)
[email protected]
Dorian L. Spence (pro hac vice pending)
[email protected]
1401 New York Avenue NW, Suite 400
Washington, DC 20005
202- 662-8600
ATTORNEYS FOR PLAINTIFFS

THIRD SECTOR DEVELOPMENT, INC.,
THE NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE and
THE GEORGIA STATE CONFERENCE OF THE
ADVANCEMENT OF COLORED PEOPLE
and
JERRY WILSON, ATTORNEY AT LAW

Jerry Wilson
[email protected]
P.O. Box 971
Redan, GA 30074
404-431-6262
19
ATTORNEY FOR PLAINTIFF THIRD SECTOR

DEVELOPMENT, INC.
and
THE JOHNSON FIRM P.C.
By:
Francys Johnson, Jr.
info@francysj ohns on. c om
51 East Main Street

Statesboro, GA 30458
912-225-1600
ATTORNEY FOR PLAINTIFFS THE
THE GEORGIA STATE CONFERENCE OF
and
SANDLER REIFF LAMB ROSENSTEIN &
BIRKENSTOCK P.C.
Dara Lindenbaum (pro hac vice pending)

[email protected]
1025 Vermont Avenue NW, Suite 300

Washington, D.C. 20005
202-479-1111
ATTORNEY FOR PLAINTIFF THIRD SECTOR
DEVELOPMENT, INC.
and
Marshall W. Taylor (pro hac vice pending)
20
[email protected]
4805 Mt. Hope Drive

Baltimore, MD 21205
410-580-5767
ATTORNEY FOR PLAINTIFFS THE
21
STATE OF GEORGIA
COUNTY OF FULTON
VERIFICATION
I, Stacey Y Abrams, as the CEO of Third Sector Development, Inc., hereby declare
under penalty of perjury that I have read the foregoing Petition for Writ of Mandamus,
and the factual statements contained therein are true based on my personal knowledge
and on the information available to me as CEO of Third Sector Development, Inc.,
except those based upon information and belief, which statements I believe to be true,
and except for factual statements relating to the NAACP parties, which are verified
separately.
Executed this
day of
2 V , 2014 in Fulton County, Georgia.
THIRD SECTOR DEVELOPMENT, INC.
BY S.'ACEY Y RAMS
ITS: CEO
Sworn to and subscribed before me,

this LO day of Othbk,..r
Notary Public
My Commission Expires:
, 2014.
tkft`S 20 2-CAke0
STATE OF GEORGIA
COUNTY OF FULTON
VERIFICATION
I, Francys Johnson, hereby declare under penalty of perjury that I have read the
foregoing Petition for Writ of Mandamus, and the factual statements contained therein
are true based on my personal knowledge and on the information available to me as
President of the Georgia State Conference of the National Association for the
Advancement of Colored People, except those based upon information and belief,
which statements I believe to be true, and except for factual statements relating to the
Third Sector Development, Inc. (including the New Georgia Project) party, which are
verified separately.
Executed this
day of CO-
, 2014 in Fulton County, Georgia.

THE NATIONAL ASSOCIATION OF COLORED PEOPLE
.4,74 /
: - FRANCYS/ HNSON
ITS: PRESIDENT
Sworn to and subscribed before me,

day of 004-oary-, 2014.
this /
Nrritary Public
My Commission Expires:
Exhibit A
LLJ
PROJECT
Media Briefing
September 17, 2014
Table of Contents
New Georgia Project Process
Voter Registration Verification Process
Receipt Form for Registration Submissions
Georgia Regulations Applicable to Private Entities Registering Voters
10
Georgia Application Review Process

Secretary of State's Application Review Process
14
Frequently Asked Questions

16
Additional Resources
Questions for Follow Up Interviews
20
Media Contact:
Kristal Swim
kristalallisonpr.com
404.832.7163
Voter Registration Application

Verification Process
In the Field
The NGP consent process
ensures registration
forms can be verified b
election officials.
TIMELINE: The New Georgia Project started collecting applications March 17, 2014, and immediately
began delivering applications to counties 1-2 times weekly (and within the 10-day receipt period).
Application deliveries to counties continued on an ongoing basis through this week.
-2-
NEW
Canvasser applicants are recruited through

networking with partners at nearby colleges and
universities.
Canvassers go through a screening process that
includes a background check.
See Ga. Comp. R. & Regs. 183-1-6-.03(2).
If passing the background check and interview

process, canvassers are hired.
Canvassers go through an initial hour-long training,
including role-plays. Ga. Comp. R. & Regs. 183-1-6-.02(5).
Canvassers are trained

in compliance with
Georgia law, and
continue daily training
and briefings
throughout the
registration drive.
Based on the canvassers' performance in the training

and role-play, canvassers may be deployed to work.
After the initial intake training, prior to their shift,
canvassers receive a daily briefing that includes
additional skills trainings and role-plays.
Ga. Comp. R. & Regs. 1834-6-.02(5).
NEW
-3-
n the
Canvasser reviews Voter Registration Applications
(VRAs) at the applicant's door to ensure all fields
have been completed.
Canvasser collects written consent to copy and

follow up on that applicant's form with the
applicant's signature on a cover sheet. This cover
sheet includes the canvasser's name, date and shift
at the bottom of the form.
See Ga. Comp. R. & Regs. 183-1-6-.02(9)(4
Canvasser leaves forms with any applicants who do
not give written consent, so that the applicants can
turn the forms in themselves.
See Ga. Comp. R. & Regs. 183-1-6-.02(8)(b).
Supervisors review their canvassers' VRAs to ensure
they correspond to the cover sheet.
See Ga. Cornp. R. & Regs. 183-1-6-.02(8)(c).
Each cover sheet includes the canvasser's name
and date of canvass for identification in data entry,
retraining and quality control enforcement.
See Ga. Comp. R. & Regs. 183-1-6-.02(8)(c).
Canvassers follow a
rigorous consent process
to ensure that applicants
provide complete forms
that can be verified by
election officials.
1\1
-4-
151
Copies are made of every VRA within 24 hours

following the canvass return (with written consent
of the applicant).
See Ga. Comp. R. & Regs. 183-1-6-.02(9)(d).
Original VRAs and cover sheets are binder-clipped

and dated.
Copies of VRAs and cover sheets are banded into
packets and filed in the "To Be Called" box.
vs.
Copies of forms are destroyed at 90 days, as

required by Georgia law.
Ga. Cornp. R. & Regs. 183-1-6-.02(8)(c).
-5-
Verification calls are made regarding the previous day's packets.

VRA copies with missing or illegible information are highlighted for
easy identification when matched back to original VRAs.
1
It
Packets with less

than 75% of VRAs
verified go to the
"To Be Called" file.
Packets with
unverifiable VRAs
go to the
"Attention" file.
Packets in the "To Be

Called" file will be
called a second time.
If no problems are
found, they go to the
"To Be Entered" file.
Packets in the
"Attention" file will be
reviewed daily for
canvasser quality
enforcement.
-6-
Packets with at least

75% of VRAs verified
go to the "To Be
Entered" file.
Canva.7fers who return

with rv-Inferifiable forn?:;
are subjec,1:' to termhiC7n)
Ga. Comp. R. & Regs.
183-1-6-.02(8)(c).
Packets taken from the "To Be Entered" file will be

entered into a spreadsheet and emailed daily to the
Data Director.
Only the fields that are legally permitted to be
entered are put into the NGP system: full name;
address; month and year of birth; phone number.
Ga. Comp. R. & Regs. 183-1-6-.02(9)(d).
Data is reviewed by the Data Entry Team and sorted

according to canvasser to track quality and to
identify issues. Ga. Comp. R. & Regs. 183-1-6-.02(5), (8)(c).
Issues identified by the Data Entry Team are
reported to the Canvass Director.
Data-entered packets are filed by date in the "Ready
To Match" file.
GP retains only data

fs permitted by la
d maintains a
r acking system to
Tiprove quality o
'pplications submitted.
Completed packets filed by date and by county are

matched to originals and organized into separate packets
(fully complete and partially complete).
VRAs in both the complete and partially complete files
are alphabetized, tallied, and sorted by county.
All VRAs are submitted to the County Clerk 1-2 times
weekly (within 10 days) in two stacks to facilitate
processing: fully complete and partially complete.
Ga. Cornp. R. & Regs. 183-1-6-.02(8)(a).
Upon delivery, the county representative signs the NGP

receipt to acknowledge accepting these applications.
All forms are submitted to the County Clerk, as required
by state law, regardless of the validity of the form.
Ga. Cornp. R. & Regs. 183-1-6-.02(8)(a).
Depending on proximity, some forms are mailed via

certified mail to respective County Clerks. A return
envelope, postage and blank receipt are included.
Ga. Comp. R. & Regs. 183-1-6-.02(8)(b).
-8-
GP's process for

bmission of voter
pplications to county
-lerks is designed for the
L:onvenience of officials
and to document
r In l'o,P7ce with
y
Receipt Form for Registration Submissions

This is an example of the receipt form attached to each submission of voter registration
applications submitted by the New Georgia Project.
The New Georgia Project started collecting voter registrations on March 17, 2014. Within 10
days of the start of the drive, voter registration applications were turned in to each applicable
county elections office. Since then, voter registration forms have been submitted 1-2 times
weekly (always within 10 days of receipt by the New Georgia Project), continuing through to the
conclusion of the voter registration drive this week.
-9-
The New Georgia Project 2014
Georgia Regulations Applicable to Private

Entities Registering Voters
The following excerpt from the Georgia Code of Regulations describes the legal requirements
for private entities, such as the New Georgia Project, that conduct voter registration drives. The
New Georgia Project acts in full compliance with applicable law.
Cite to: Georgia Code of Regulations section 183-1-6-.02, "Rules for Voter Registration by
Private Entities." Drafted by the State Election Board; last amended, Nov. 18, 2009.
Ga Comp. R. & Regs. 183-1-6-.02.

Rules for Voter Registration by Private Entities.
(1) Intent and Purpose. These rules are promulgated pursuant to the authority granted to the State Election
Board by Georgia Laws 1984, p. 1430, (0.C.G.A. Section 21-2-215(f)) and by Georgia Laws 1968, p. 862,
(0.C.G.A. Section 21-2-31). It is the intent and purpose of the State Election Board to establish reasonable,
necessary, and uniform rules and regulations to carry out the responsibilities of the State of Georgia with respect
to the registration of voters in Georgia.
For the benefit and protection of those citizens who choose to entrust their completed voter registration
applications to private entities and for the benefit and protection of the public and the fair administration of the
electoral process, the State Election Board has promulgated these rules for voter registration by private entities.
The State Election Board, within the parameters of the law, has taken care to make voter registration in Georgia as
convenient and easy as practicable while retaining the necessary controls to prevent abuse of the system and fraud
in the elective process. To this end, the State Election Board has promulgated these rules and regulations.
(2) Definitions. As used in this rule, unless otherwise noted, the term:
(a) "Close of registration" means the last day for the registration of voters in a primary or general election, as
provided by law.
(b) "Private entity" means an individual who is not acting in an official capacity as a registrar or deputy
registrar, or a non-governmental organization or other non-governmental entity that utilizes individuals other
than registrars or deputy registrars to conduct voter registration programs.
(c) "Voter registration programs" means the distribution or collection of voter registration applications.
(3) Acceptance of Mail Voter Registration Applications.
(a) A voter registration application postmarked or received by the Secretary of State or a registrar or deputy
registrar within the time frames provided by law for the registration of electors shall be processed without
regard to whether such application was received by mail or otherwise, was submitted singularly or bundled
with other voter registration applications, or was submitted by a private entity. No board of registrars shall
reject or refuse to process a voter registration application solely on the basis of how or by whom it was
submitted.
(b) Any mail voter registration application received from a private entity (other than from an individual
delivering his or her own application to a state or local election official in person) shall be processed in the
same manner as an application received by mail, regardless of the manner in which such application was
actually delivered.
(c) Nothing in this rule shall be construed to prohibit or in any manner restrict the right of any board of
registrars or other authority from investigating and addressing suspected instances of voter registration fraud or
to challenge, examine, verify, or determine the validity of voter registration applications or the qualifications
and eligibility of persons applying to register to vote.
- 10-
(4) Voter Registration Activities of Private Entities. Nothing in this rule shall be construed to prevent private
entities from conducting organized voter registration programs and assisting eligible citizens with voter
registration as permitted by state or federal law, including the distribution, collection, and transmittal of mail voter
registration applications to the appropriate board of registrars.
(5) Instruction and Training of Private Entities.
(a) Instruction and training for private entity voter registration activities pursuant to this rule shall be offered by
the board of registrars. Training requests by private entities shall be made in writing to the board of registrars.
The board of registrars shall respond in writing to such requests with a training confirmation, including the
date, time, and location such training will take place.
(b) At a minimum, training shall be provided to each private entity who requests such training on:
1. How to complete the voter registration application designed, published, and distributed by the Secretary of
State in accordance with 0.C.G.A. Section 21-2-223;
2. The proper security of completed voter registration applications;
3. The time frames within which completed voter registration applications are required to be transmitted to
the appropriate board of registrars;
4. The identification requirements to be included with completed voter registration applications;
5. The identification requirements for voting at polling places within the state and the requirements for
persons who registered to vote for the first time by mail; and
6. The required and prohibited activities of private entities as set forth in paragraphs (6) and (7) of this rule.
(c) The Secretary of State may develop and provide to the boards of registrars manuals for this instruction. The
Secretary of State may also make such manuals available to the public, including via electronic means on the
Secretary of State's website. Until such time as the Secretary of State develops such manuals, boards of
registrars shall utilize such materials as will meet the training requirements of this rule.
(6) Required Activities. While engaging in organized voter registration activity within this state, a private entity
shall:
(a) Advise each applicant that such applicant has the option to return his or her voter registration application
personally to the appropriate board of registrars or to the Secretary of State or to permit the private entity to
return it on the applicant's behalf;
(b) Inform all applicants that they are not officially registered to vote until their eligibility has been determined
by the appropriate board of registrars and that, if the applicant has not received notification of the disposition of
the application within three to four weeks of submitting the application, the applicant should contact the
appropriate board of registrars to determine if such applicant's eligibility has been determined and the
applicant's name entered on the official list of electors;
(c) Inform all applicants that, if they are registering to vote for the first time in the jurisdiction by mail or
through a private entity, they must present current and valid identification either when registering to vote by
mail or through a private entity or when voting for the first time after registering to vote by mail or through a
private entity;
(d) Inform all Georgia applicants of the availability of an online registration status check and polling place
locator service on the Secretary of State's website and encourage all applicants to access it in advance of a
primary or election day to verify their registration status and correct polling place; and
(e) Inform all applicants of their right, under certain circumstances, to cast a provisional ballot in the event that
their names do not appear on the official list of electors at the polls.
For purposes of compliance with the notice provisions provided in this paragraph, it shall be sufficient for the
private entity either to post such notices in a conspicuous location at any fixed registration site or to provide such
notices in written form to the applicant in a brochure, flyer, or other similar manner at the time of application. The
Secretary of State may design and make available to private entities an appropriate model form that includes all
required notices pursuant to this paragraph.
- 11 -
(7) Prohibited Activities. While engaging in voter registration programs within Georgia, a private entity shall
not:
(a) Represent to any person that the private entity is a representative of the Secretary of State or a board of
registrars authorized by law to receive voter registration applications in person;
(b) Make any statement to an applicant or take any action that the private entity knows or reasonably should
know would discourage a qualified applicant from registering to vote;
(c) Refuse to accept and transmit a properly completed and contemporaneously dated voter registration
application from any qualified individual;
(d) Be inebriated or otherwise impaired by drugs, alcohol, or other substances;
(e) Conduct voter registration activities at locations where the private entity knows that illegal or criminal
activities are being conducted;
(f) Accept a completed registration application from the applicant unless such application has been sealed by
the application, without a signed acknowledgement from the applicant that the applicant willingly and
knowingly provided the unsealed application to the private entity;
(g) Copy a completed registration application without the express, written permission of the applicant; or
(h) Conduct voter registration activities in places where alcoholic beverages are sold and consumed on the
same premises.
(8) Transmittal of Completed Voter Registration Applications.
(a) A private entity shall promptly transmit all completed voter registration applications to the Secretary of
State or the appropriate board of registrars within ten days after receiving the application or by the close of
registration, whichever period is earlier. If a private entity receives a completed voter registration application
fourteen days or less before the close of registration, the private entity should transmit the application to the
Secretary of State or the appropriate board of registrars within seventy-two hours of the date of the execution of
the application or by midnight on the close of registration, whichever period is earlier.
(b) Transmittal of completed voter registration applications may be accomplished by in-person delivery, mail,
commercial courier, statutory overnight delivery, or any other form of delivery that is reasonably calculated to
secure and ensure the confidential delivery and receipt of such applications by the Secretary of State or the
appropriate board of registrars within three business days after transmittal and within the time frames required
by these rules and regulations and state and federal law.
(c) With each transmittal of completed voter registration applications, a private entity should include a
transmittal summary sheet which, at a minimum, provides the name of the submitting individual, the name of
the private entity sponsoring the voter registration programs (if different than the submitting individual), the
physical residence or business address of the submitting individual, the daytime and evening telephone
numbers of the submitting individual, and the total number of applications being submitted. The Secretary of
State may design and make available to private entities a model transmittal summary sheet containing the
information requested in this subparagraph. The failure to include the transmittal summary sheet shall not by
itself be grounds for rejecting the submitted applications. The private entity may enclose a postage-prepaid,
self-addressed envelope, along with a copy of the completed transmittal summary sheet, if the private entity
desires a date stamped receipt of the transmittal summary sheet from the board of registrars, in which case the
board of registrars shall promptly acknowledge such receipt by returning a date stamped copy of the transmittal
summary sheet to the private entity.
(9) Confidentiality of Completed Voter Registration Applications.
(a) A private entity shall keep all completed original voter registration applications in the possession of the
private entity in a secure and confidential manner at all times until such applications are submitted to the
Secretary of State or the appropriate board of registrars. Except as otherwise provided in this rule, a private
entity shall not disclose any such applications or information contained therein, except as specifically provided
in these rules and regulations to any member of the public. A private entity may collaborate with another
affiliated private entity in the securing of completed original voter registration applications that are received
during the course of a jointly organized voter registration program.
12
@The New Georgia Project 2014
(b) With the express, written consent of the applicant, a private entity may make archival copies of an
applicant's original voter registration application and retain such archival copies for use in aiding the applicant
with verifying the timely and proper receipt and processing of his/her application by the applicable board of
registrars. A private entity may engage the services of a commercial copying or document management service
to make such archival copies provided that the company agrees to maintain the confidentiality and security of
the original applications and any copies of the applications in the same manner as is required by private entities
pursuant this rule.
(c) A private entity shall keep any such archival copies in a secure and confidential manner at all times and
shall not disclose any such archival copies to any member of the public; provided, however, that a private entity
may disclose such archival copies to another affiliated private entity as necessary for use in aiding the applicant
with verifying the timely and proper receipt and processing of his/her application by the applicable board of
registrars. Archival copies of completed voter registration applications must be discarded by the private entity
not later than 90 days following the transmittal of the completed voter registration application to the Secretary
of State or board of registrars. Whenever such archival copies are discarded by the private entity, they must be
discarded in the manner contemplated by 0.C.G.A. 10-15-2 for the destruction by businesses of records
containing personal information.
(d) A private entity may create and keep a separate record of any information contained on the applicant's voter
registration application that could otherwise be made available for public inspection pursuant to 0.C.G.A. 212-225(b) if collected and maintained by the Secretary of State on the official list of electors. No such
information may be used by the private entity or any other person for commercial purposes. Whenever such
information is discarded by the private entity, it must be discarded in the manner contemplated by 0.C.G.A.
10-15-2 for the destruction by businesses of records containing personal information.
- 13 -
Secretary of State's Application Review

Process
The Secretary of State, as Georgia's chief election official, is charged with maintaining
the statewide voter registration database. Maintenance of that database includes
maintaining the data verification process between the voter registration list and the
Department of Drivers Services ("DDS").
Local county registrars are charged with registering voters and adding voters' names to
the county voter registration list.
Only after the county Board of Registrars has determined eligibility is an applicant's
name then added to the list of electors and placed in the correct precinct and voting
district. 1
Part of the process in determining the eligibility of an applicant is the verification process
established between the Secretary of State and DDS in accordance with the Help
America Vote Act ('HAVA"). 2 Until such verification process has been completed, the
Board of Registrars has not complied with its statutory obligations under Georgia law.
See 0.C.G.A. 21-2-223(a), 21-2-226(a). Therefore, a Board of Registrars will not
issue a precinct card to a voter until it has determined the applicant's eligibility. 3
Every new voter registration application should be entered into the Statewide Voter
Registration System (the "SVRS") in an expedited manner. 4
Nightly, the Secretary of State gathers the information entered into the SVRS from all
new voter registration applications submitted to the state's Board of Registrars, with the
exception of applications received from DDS, and transmits the information to DDS for
verification. Each night, the SVRS is updated with the results from DDS of the
verification process.
In order to be verified, the information contained in the SVRS database must exactly
match the information in the DDS database. If the information on the application is
verified in its entirety, the SVRS will generate a precinct card to be mailed to the elector
and the applicant will show in the SVRS as an active registered elector.
The day following overnight transmittal, the Secretary of State creates exceptions
reports. These reports display, by county, the results of the verification process and
identify those applicants whose information was not successfully verified in its entirety.
If an applicant supplies only the last four digits of the Social Security number, DDS will
access federal information through the Social Security Administration ("SSA"). SSA
verifies the following information from the voter registration application against the
information contained in the SSA database:
O First name;
O Last name;
O Date of birth; and
O Last four digits of Social Security number
See
See
3 See
4 See
2
0.C.G.A. 21-2-223(a), 21-2-226(a).

HAVA, 42 U.S.C. 15483(a)(5).
0.C.G.A. 21-2-226(e).
42 U.S.C. 15483(a)(I)(A)(vi).
- 14 -
If the information on the application is verified by SSA, the SVRS will generate a precinct
card to be mailed to the elector and the applicant will show in the SVRS as an active
registered elector.
If the applicant's first name, last name, date of birth, driver's license number /
identification card number or last four digits of the applicant's Social Security number on
the application cannot be verified by DDS, then a report is posted showing the missing
information. The Board of Registrars is expected to check the report on a daily basis.
If the applicant's United States citizenship cannot be verified by DDS this information will
also appear in a report.
If the information on an application cannot be verified in its entirety by DDS or SSA, then
the application should be considered incomplete. The application is incomplete as to the
particular information that could not be verified. If the application is incomplete, the
Board of Registrars shall notify the applicant in writing of the missing information. 5
The SVRS automatically generates such notices to applicants whose information cannot
be verified through DDS or SSA. Prior to sending any notice to an applicant, the Board
of Registrars should check the application to determine whether there are processing or
data entry errors, such as transposing of numbers, misspelling of the applicant's name,
use of a nickname or other typographical or "common sense" errors that the registrar is
able to easily identify and correct.
In the event the applicant does not respond to the request for the missing information
within 30 days, the application must be rejected. 6
Once the Board of Registrars has confirmed the citizenship status and determined the
eligibility of an applicant appearing on a report, the Board of Registrars will change the
elector's citizenship status in the SVRS. Upon confirmation, the individual will no longer
appear on the "non-citizen" report. The individual will show in the SVRS as an active
registered elector, and the SVRS will generate a precinct card, with an effective date
according to the original date of the application submission, to be mailed to the elector. 7
See 0.C.G.A. 21-2-220(d).

See 0.C.G.A. 21-2-220(d).
7 See 0.C.G.A. 21-2-220, 21-2-224.
5
6
- 15 -

Q
What is a "duplicate" voter registration form?
Duplicate voter registration forms for an individual may be turned in under a

variety of reasonable circumstances. For example:
An applicant may believe that since a voter card has not arrived in the
mail, the original application was not processed by the state;
An applicant may submit more than one form due to misunderstanding of

the rules for application;
An applicant may simply have forgotten about a prior submission.
How does the State Election Board match voter registration

applications to known individuals?
A Please review the sections in this Briefing Guide regarding the Secretary of
State's Application Review Process, and under "Additional Resources," the
selected media coverage of the process.
Q
What is considered "forgery" in Georgia?
Under the Official Code of Georgia, 0.C.G.A. 16-9-1, a person commits second
degree forgery when he or she intends to defraud another by making, altering,
or possessing any writing: 8
1) in a fictitious name; or
2) in a way that the writing purports to have been made:
a) by another person
b) at another time
c) with different provisions; or
3) by authority of someone who did not give the authority.
First degree forgery is the same as second degree, except the writing must be
presented to someone else.
0.C.G.A. 16-9-2: Punishment for Forgery:
(a) A person who commits the offense of forgery in the first degree shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than 15 years.
(b) A person who commits the offense of forgery in the second degree shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than five years.
0.C.G.A. 16-9-1
- 16 -
CI
What is the difference between voter fraud and voter registration

fraud? Is voter fraud really a common problem?
A "Voter fraud" occurs when individuals actually cast ballots, despite knowing that
they are ineligible to vote, in an attempt to defraud the election system. 9 Voter
fraud is extremely rare.
"Voter registration fraud" is the act of fraudulently registering someone to vote
who is not eligible to vote, filling out or submitting a voter registration card for a
fictitious person, or forging a voter registration card without the person's
consent. 19 Voter registration fraud typically does not result in a fraudulent vote
being cast.
Statutes governing voter fraud can be found in Title 21 of the Georgia Code,
Chapter 2 Article 15 (GA ST T. 21, Ch. 2, Art. 15). The following are the provisions
and penalties applicable to voter fraud:
0.C.G.A 21-2-561. Voting by absentee electors; penalties: It is a felony to
knowingly register an ineligible voter or register a voter under any other name.
This crime is a felony punishable by no more than 10 years and/or a fine of up to
$100,000.
0.C.G.A. 21-2-562. Insertion and alteration of entries in documents;

removal; refusal to deliver; penalties: It is a crime to insert, or cause to be
inserted, fictitious names on voter registration cards or materially alter or destroy

an entry. This crime is a felony punishable by no more than 10 years and/or a
fine of up to $100,000. This statute also makes it a misdemeanor to willfully
neglect to turn in the voter registration card to the custody of an authorized
officer.
0.C.G.A. 21-2-567. Intimidation of elector; penalties: Anyone who uses

violence or force in a manner to intimidate a person to place or refrain from
placing a person's name upon the registration list may be guilty of a felony if
convicted and punished by no more than 10 years and/or a fine of up to
$100,000.
0.C.G.A. 21-2-568. Giving unlawful assistance in voting; penalties:

Anyone who interferes with a person registering to vote or attempts to influence a
vote may be guilty of a felony if convicted and punished by no more than 10
years and/or a fine of up to $100,000.
0.C.G.A. 21-2-570. Giving or receiving money or gifts for purpose of
registering as voter, voting, or voting for particular candidate is a felony.
0.C.G.A. 21-2-599. Punishment for misdemeanors: Misdemeanors under

this Chapter may be punishable by one or more of the following: a fine of not less
than $100 nor more than $1,000; imprisonment in a county jail not to exceed 6
months; or confinement in a county correctional facility not to exceed 12 months.
JUSTIN LEVITT, BRENNAN CENTER FOR JUSTICE, THE TRUTH ABOUT VOTER FRAUD 4 (2007)
available at http://www.brennancenter.org/sites/default/files/legacy/
The%20Truth/020About%20Voter/020Fraud.pdf.
10 See id. at 20-21.
9
- 17 -
0.C.G.A. 21-2-600. Punishment for felonies: Any person convicted of a

felony under this chapter shall be punished by a fine not to exceed $10,000.00 or
imprisonment of not less than one year nor more than ten years, or both, in the
discretion of the trial court.
0.C.G.A. 21-2-601. It is a misdemeanor for any person to provide a list of

electors for commercial purposes.
0.C.G.A. 21-2-602. Compensation for soliciting persons to register to vote

based upon number of persons registered: It is illegal to receive, offer, or
provide compensation for soliciting people to vote based on the number of
persons registered. Any such person may be guilty of a misdemeanor.
0.C.G.A. 21-2-603. Conspiracy to commit election fraud: A person commits

the offense of conspiracy to commit election fraud when he or she conspires or
agrees with another to commit a violation of this chapter. The crime shall be
complete when the agreement to commit the fraud is made and an overt act in
furtherance of the fraud has been committed, regardless of whether the fraud is
fully carried out. A person convicted of conspiracy to commit a felony shall be
punished by imprisonment for not less than one year nor more than one-half the
maximum period for allowed for committing the fraud, or by one-half the
maximum fine for committing the fraud, or both. A person convicted of conspiracy
to commit a misdemeanor fraud will be punished as for a misdemeanor.
0.C.G.A. 21-2-604. Criminal solicitation to commit election fraud:

1) Criminal solicitation to commit election fraud in the first degree: solicit or
attempt to cause another person to engage in felony conduct with the intent that
the person engage in election fraudpunishable by imprisonment of up to 3
years. 2) Criminal solicitation to commit election fraud in the second degree:
solicit or attempt to cause another person to engage in misdemeanor conduct
with the intent that the person engage in election fraudpunished for a
misdemeanor.
What makes a Georgia voter registration application incomplete?

A Every new application for voter registration must include a Georgia driver's
license number, a Georgia identification card number, or the last four digits of the
applicant's Social Security number. 11 See Help America Vote Act of 2002
("NAVA"), 42 U.S.C. 15483(a)(5)(A)(i). These numbers are then verified by the
Georgia Secretary of State against the Department of Driver Services ("DDS") or
Social Security Administration ("SSA") databases.
Georgia law, 0.C.G.A. 21-2-220(d), provides that if any piece of required
information is missing, with the exception of a current and valid identification, the
registrant will be notified and can supply the missing information prior to or on the
date of election. If the applicant is otherwise found eligible to vote, the applicant's
name will be added to the list of persons eligible to vote. If the applicant does not
supply the missing information within 30 days, the application will be rejected.
11 If an the applicant does not have a Georgia driver's license, Georgia identification card, or
Social Security number, then the individual will be assigned a unique voter registration number.
See HAVA, 42 U.S.C. 15483(a)(5)(A)(ii).
- 18 -
Thus, while "incomplete" can mean not having all of the information on an
application filled in (with the exception of a current and valid identification), the
Board of Registrars is still required to place the applicant on the eligible voting list
and give the applicant a chance to complete the application.
- 19 -
Questions for Follow Up Interviews

Recommended questions for the Secretary of State and local elections officials.
Questions about the Department of Driver Services (DDS) system:
When was the current matching system with DDS created and put in place?
How has the DDS system changed from the previous system?
How long does the DDS system take to match an applicant?
What are the strengths and weaknesses of the DDS system?
What fields are matched to the DDS system?
What process are the counties and the Secretary of State supposed to follow to locate
applicants whom the DDS system doesn't find?
What happens once an unmatched applicant is moved to the "pending list"?
Questions about the Secretary of State's investigation:
Under what provision of the Georgia election law have any invalid forms been
investigated?
What is the legal charge at issue in the investigation?
What are the specifics of the complaints?
How many complaints against the New Georgia Project ("NGP") have been formally
lodged?
How many complaints against other organizations/individuals have been formally lodged
this year and for the past 2 years?
How many complaints against NGP have been investigated?
How many complaints against other organizations/individuals have been formally

lodged?
How many complaints against NGP have been cleared?

How many complaints against other organizations have been cleared this year and for
the past 2 years?
What is the portion of complaints per county to actual forms submitted in the county?
Questions about registrations in the current election cycle:
How many new registrants of color have applied in the county at issue?
How many of the new registrants of color have been processed?
How many other registrants have applied in the county at issue?
How many of these remaining registrants have been processed?
How many NGP registration applications have been received this year?
How many NGP registration applications have been processed this year?
Why have the other forms not been processed?
What steps are being taken to process all outstanding forms by October 13, the start of
early voting?
- 20 -
Exhibit B
LAWYERS COMMITTEE FOR
CIVIL RIGHTS
UNDER
1401 NCW York Avenue, NW

Suite, 400
Washington, DC 20(305-2124
"lei: 202.6()2.8000
Fax: 202.783.0857
wwwlav,yerscommittee.org
LAW
October 3, 2014
Co-Chairs
Donald J. Rostnbag
John M. Norma
Sccrcuiiy
Eloanor H. Smith
Treasurer
Andrew W. Kentz
General Counsel
Nicholas T. Chnstakos
President & Laculive Director
Barbara R. Arnwine
BY EMAIL AND FAX

Honorable Brian Kemp
Secretary of State
Elections Division
2 Martin Luther King Jr. Drive
Atlanta, GA 30334
[email protected]
[email protected]
Fax: (404) 651-9531
CC: Ms. Linda Ford
Director of Elections
[email protected]
Fax: (404) 651-9531
Re: Request for a Meeting
Subject: New Georgia Project/Status of Voter Registration Applications
Dear Secretary Kemp and Ms. Ford,
The Lawyers' Committee for Civil Rights Under Law (hereinafter, "the
Committee") is a non-profit, non-partisan organization that was formed in
1963 at the request of President John F. Kennedy to involve private attorneys
throughout the country in efforts to assure that the civil rights of all
Americans are protected. The protection of the voting rights of racial and
language minorities is an important part of the Committee's work.
The Lawyers' Committee, along with the law firms of Robins, Kaplan, Miller
and Ciresi; Sandler, Reiff, Lamb, Rosentein and Birkenstock, and the Law
Office of Jerry Wilson have been asked by Third Sector Development, Inc. (a
Georgia non-profit corporation), to investigate why tens of thousands of
applicants who submitted voter registration applicants via registration
drives conducted by the New Georgia Project (a program of Third Sector
Development, Inc.) have not yet been entered onto the State's voter
registration rolls.
LAWYERS' COMMITTEE FOR
1401 New York Avenue, NW
MI:
CIVIL RIGHTS
Suite 400
Washington, DC 20005-2124
Fax: 202.783.0857
.6b2.8.600
www.liiwyerscomminecorg
LAW
Co-Chairs
Donald J. Rosenbcrv,
John AL Norma
Secretary
Eleanor II. Smith

Treasurer
Andrew AV Rentz
General Counsel
Nicholas 1. Christakos
President & Executive Director
The New Georgia Project submitted over 85,000 applications to county

elections officials in Georgia this year. Based upon the most recent
information we have been able to obtain, it appears that tens of thousands of
those applicants have not yet been entered onto the State's voter registration
rolls. Numerous applications also appear to have been placed onto "pending
lists" for various reasons. We are extremely concerned that complete voter
registration applications that were submitted by eligible voters have not
been timely or properly processed, or entered onto the voter registration
rolls, due to data entry errors, system matching errors or other
administrative problems.
Barbara R. Arnwine
We are particularly concerned because many applications submitted through

the New Georgia Project were from prospective first-time voters, whose first
exposure to the voting process is presently frustration and uncertainty about
whether their applications have been or will be accepted, but who may lose
the opportunity to cast an effective vote if their applications are not properly
processed.
We were also stunned by an Atlanta journal Constitution article today (see
attached), that reported approximately 7,000 voter registration applications
submitted via DDS were only recently transmitted to Fulton County for
processing, despite the fact that some of the applications were from as early
as April 2014. The reason, if any, for this delay was not provided in the news
report.
As you may recall, on September 9, 2014, our client made an Open Records
Request to your office in an effort to obtain information explaining why so
many applicants had not been entered onto the rolls. While your office has
provided voter rolls and pending list information to our client, they were told
it would take some 15 weeks for the Secretary of State's office to respond to
that request in substance - a time frame that ensures no information would
be provided before the upcoming general election.
As you know, early voting begins in many counties on October 13, 2014 and
the general election is on November 4, 2014. We are extremely concerned
about the very real danger that numerous voter registration applicants who
are eligible to vote and who submitted timely and complete applications via
the New Georgia Project registration drives and from other sources will be
disenfranchised and prevented from voting in the upcoming election.
LAWYERS' CO LIITTEE FOR
1401 New Yolk Avenue, NW
Tel . 202.062.8600
CIVIL :JGHTS
Sink'. 400
Washington. DC 20005-2124
Fax: 202.78.3.0857
WWW.lawyeti;committce_org
L A W
Co-Chairs
Donald-.!. Rosenberg
John M. Norma
Seeretaly
Eleanor H. Smith
Treasurer
Andrew W Rents
General Counsel
Nicholas I. Christakos
Barbara B. Arnwine
Therefore, we are writing to request that you and/or persons knowledgeable

about these problems agree to meet with us at your office by no later than
noon on Tuesday, October 7, 2014. We ask that you be prepared to explain in
detail why so many applicants have not been registered to vote and/or are
on the "pending list."
In particular, we need assurance that your office and the county registrars
will comply with their obligations to:
Promptly process all pending applications for voter
registration submitted by New Georgia Project;

Provide notice to applicants who have submitted their
applications prior to the close of registration of the information that is

missing from their applications in sufficient time for the applicants to submit
missing information prior to the date of the election.
If applicants supply the necessary information on or prior to
the date of the election, and if the applicants are found eligible to vote, add
the applicants to the list of electors and permit them to vote in the election
taking place on November 4, 2014.
Add applicants who are eligible and qualified to be registered
electors in Georgia to the Secretary of State's official list of electors used in all
elections in Georgia.
We will supply a more detailed agenda before the meeting so that the
representatives with whom we meet will be fully prepared to discuss these
matters in detail.
We hope that through this discussion we can arrive at an understanding of
the issues and agree upon an appropriate plan of action to ensure that every
eligible applicant who submitted a proper registration form is put onto the
rolls in time to cast a regular ballot in the general election.
To that end, please confirm in writing by no later than noon on Monday,
October 6, 2014, whether you will agree to our request to meet on Monday
or Tuesday. Because the time until the election is so short, if a meeting does
not take place on or before Tuesday, and our client does not receive the
LAWYERS COMMITTEE FOR
CIVIL RIGHTS
UNDER

100
Washington. DC 20005-2124
,
202.2.8600
Fax: 202.783.0857
wv l awye Ncomml rg
L A W
assurances that it needs, it will have no choice other than to seek a legal
remedy to ensure that eligible citizens are not disenfranchised.
Co-Chat
Donald J. Rosenberg
John M. Nonna
Secretary
Eleanor H. South
Treasurer
Andrew W Kelm:
General Counsel
Nicholas T. Christakos
Finally, since we understand that the processing of the voter registration

applications is an ongoing process, we respectfully demand that State and
local election officials ensure that all evidence that may be relevant to these
issues, and/or which may lead to the discovery of relevant evidence, be
preserved and retained so that it is available for production in the event that
litigation becomes necessary.
Barbara R Arnwine
Thank you for your attention and anticipated cooperation.

Very truly yours,
Lawyers' Committee for Civil Rights Under Law
ulie M. Houkl
Senior Special Counsel
Voting Rights Project
I Admitted to practice law in California, New Hampshire, Massachusetts, Illinois (registered

voluntarily inactive in Illinois); application to practice in the District of Columbia is pending.
82
c"-:)!. e .LT comD=1..
!NG. COMPLETE.
Rush comes ahead

of voter registration
deadline Monday.
By Kristina Torres
[email protected]
Georgia voter applications by the thousands
continue to pour into local election offices
some from as far back as
April with officials in
some cases instituting
mandatory overtime to
deal with the workload.
THE ATLANTA JOURNAL-CONSTITUTION
The rush comes ahead

of Monday, the state's
deadline for voter registration for the Nov. 4
election. And it is being watched closely by a
Democratic-backed group
that said Thursday that it
still could not locate more
than 42,760 applicants on
Georgia's voter rolls despite in some cases filing
their paperwork months
ago.
That number represents nearly half of the
more than 85,000 applications submitted by the
42h
submitted through the

state's Department of
Driver Services from as
far back as late April but
after the state's deadline
to register to vote in the
May 20 primary.
It is common for such
applications to be held in
a queue through the Secretary of State Office's
processing system, and
then be electronically
forwarded to the proper
county. The process often
sends those applications
in batches, including the
one that hit Fulton.
tention," Rieker writes. "Therefore, Lam res1gn

1,0 n c 'mayor effective to-
New Georgia Project since

March. The group is the
focus of an investigation
by Secretary of State Brian Kemp involving allegations of voter registration
fraud, although investigators say there is no evidence the group's leaders
are involved. So far, they
have found 33 forged applications.
Fulton County, which
has the biggest number
of pending voter applications in the state, received more than 7,000
applications last week
.
- 'the new map proposed that Avondale an-
cho, ,.. ex.pediency Over
thoughtfulness, and that
tnetru
Fulton Elections Director Richard Barron has instituted a "mandatory

overtime plan" until the
DDS applications are processed, although overtime
will be used to process paper applications, too. The
county is also still trying
to reach more than 4,000
Fulton residents to ask for
more information related
to their applications.
Processing of so-called
"pending" voters can be
held up for a number of
reasons, including the
need to verify Social Secu-
FRIDAY. OCT. 3. 2014
rity numbers, citizenship

status and home addresses; or to reconcile a clash
with information kept by
the DDS.
Pending voters in Georgia may cast a provisional ballot Nov. 4, although
they will still have to provide that information.
"We want to make clear
all applications are being processed," said Jared
Thomas, Kemp's spokesman. "We have not heard
from any county that they
are in doubt to process applications by deadline."
Exhibit C
..
7yFa
The Office of Secretary of State

girl= (P. Kftnrp
C an Germany
SECRETARY OF STATE
GENERAL COUNSEL
October 6, 2014
Via Electronic M ai l
Julie M. Houk
1401 New York Avenue NW
Suite 400
[email protected]
RE: Request for a Meeting

Dear Ms. Houk:
Secretary Kemp forwarded your October 3,2014 email to me. I understand that you represent Third
Sector Development, Inc. I have been working with Patricia Gorham at Sutherland Asbill & Brennan
LLP, who also represents Third Sector Development. I have copied Ms. Gorham on this letter, and 1.
think it would be most productive for all involved if she was kept in the loop on your request. If you
would like to meet, please have Ms. Gorham contact me and we can set that up.
However, the fact that your letter threatens litigation and contains several inaccuracies regarding
Georgia's process, gives me concern that a meeting would not be productive. If you are seeking a more
correct understanding of how the voter registration process in Georgia works, I would be happy to
provide that.
As you are likely aware, all voter registration applications in Georgia are processed at the county level,
including any registrations submitted by the New Georgia Project or any other third-party group. The
investigation of the New Georgia Project does not in any way interfere with the processing of
applications submitted by them or any other group. In fact, many of the confirmed forgeries that our
office has identified have come to the counties' attention through voters whose applications were
processed, who were sent communication from their county, and who contacted the county because they
had not actually submitted an application. The voter then confnuied with our office that the signature on
the submitted application was not his or her signature.
214 State Capitol Atlanta, Georgia 0 30334 e Tel: (404) 657 -7778 [email protected]
www.sos.state.ga.us
Letter to J. Houk
October 6, 2014
Page 2
All voter registration applications submitted to this office or to Georgia counties are handled the same
way, including any applications submitted by the New Georgia Project. Georgia utilizes a verification
procedure pursuant to the Help America Vote Act of 2002 ("HAVA"), 42 U.S.C. 15483. The
verification procedure was precleared by the United States Department of Justice in 2010. For the vast
majority of voters, this verification process takes less than a day. For incomplete or illegible
applications, the process can take longer, but the county still processes those applications and attempts
to contact the applicant to clarify any issues needed to add the voter to the rolls. Any applicant that is
placed in pending status due to an inability to verify their identifying information or citizenship status
can still vote in the upcoming election, either by bringing the proper identifying information to the polls
or casting a provisional ballot and then clearing up any issues with the county elections office.
Georgia counties are continuing to process all applications they receive, and all voters who are eligible,
who have completed and turned in an application, and who are verified through the precleared procedure
will be able to cast a ballot for this election.
This office will continue to send all received voter registration applications to the appropriate counties,
and Georgia's county election officials will continue to process all voter registration applications
received in accordance with law. This office will. continue to investigate any potential violations of
Georgia election law, as is this office's charge. We will continue to uphold both duties simultaneously.
Please do not hesitate to contact me if you have any further inquiries.
cc:
Patricia A. Gorham (via electronic mail)
214 State Capitol Atlanta, Georgia o 30334 Tel: (404) 656-28810 Fax (678) 302-2346
www.sos.state.ga.us
Exhibit D
CIVIL RIGHTS
Suite 400
Fax: 202.783.0857
W NV w .1 a \\3,
UNDER
Tel: 202.002.0000
r::topurt t c.o rg
L A W
October 6, 2014
Co-Chairs
Donald J. Rosenberg
John M. Norma
Via Email Only: [email protected] .goy
General Counsel
C. Ryan Germany, Esq.

General Counsel
The Office of the Secretary of State
214 State Capitol
Atlanta, Georgia 30334

Barbara R. Arnwine
Dear Mr. Germany:
Secretary
Eleanor H. Srnnh
Treasurer
Andrew
Mentz
We are in receipt of your letter dated October 6, 2014.

As a preliminary matter, our letter of October 3, 2014, was written to Secretary
Kemp and Ms. Ford in a genuine good faith effort to avoid litigation, rather than
as a "threat" of litigation, as you have characterized it in your correspondence.
In fact, our overriding goal is to ensure that every eligible Georgian who
submitted a timely and facially complete registration form to county election
officials is on the State's voter registration rolls when early voting begins and will
not be forced to cast a provisional ballot.
It would clearly be in the best interests of the applicants and the State of Georgia
if that goal could be reached without the need for litigation. However, if that is
not possible, we must consider legal remedies that will ensure that every eligible
Georgian is on the rolls and able to cast a regular ballot on Election Day.
While you indicate in your letter that applicants would have an option to cast a
provisional ballot, we do not consider that to be an adequate remedy for eligible
Georgians who submitted timely and facially complete applications and have the
right to cast a regular ballot.
That is particularly true in light of the serious problems that occurred in Fulton
County during the 2012 general election with respect to provisional ballots. These
problems were described in detail during a December 17, 2013 State Election
Board meeting and it appears that a large number of persons who were forced to
cast provisional ballots were disenfranchised.
Thus, the Lawyers' Committee, which is now also being joined by both the
NAACP and the Georgia State Conference of the NAACP, is reiterating the
CIVIL RIGHTS
N BE R
Co-Chairs
Donald J. Rosenberg
John M. Norma
Secretary
Elc.o.nor FL Smith
Treasurer
Andrew W Rentz
General Counsel
1101 Nov York Avenue, NW

Suite 400
Tel: 202.662.8600
Fax: 202.783.0857
www.lawyeracommittee.org
LAW
request for an urgent meeting with the Secretary, Ms. Ford and/or their
designee(s) to discuss our substantive concerns and to explore whether a prompt
resolution can be reached without the need for litigation. We have enclosed a
proposed agenda for the meeting for your consideration.
In addition, based on information received from the press, which may or may not
be accurate, it is our understanding that the Secretary of State may now be
contending that he needs a list of the persons who submitted applications during
the New Georgia Project registration drives that are not on the state's registration
rolls in order to make an independent assessment of the situation. !
Barbara R. Arnwine
As a preliminary matter, we do not understand why the Secretary of State is not in

a superior position to obtain the registration applications and data from the local
county elections officials in order to match that data against the State's
registration rolls and pending lists.
Since it is our understanding that the New Georgia Project provided cover sheets
when it submitted applications to the local elections officials, it would seem that
the Secretary and local officials already have the necessary data in their
possession to make an independent assessment about the number of individuals
who submitted applications and are not on the rolls.
Nevertheless, if the Secretary of State legitimately believes that it cannot obtain
this data from local elections officials and will agree in writing that any such lists
that may be informally exchanged with your office will be treated as confidential
to protect the privacy rights of the applicants, we will endeavor to dete,inine
whether such a list can be produced in the next 48 hours.
We would also like to clarify a misperception that you apparently have about the
nature of our involvement in this matter. We are not representing Third Sector
Development, Inc. in connection with the subpoena served on it by the Secretary
of State nor are we representing anyone in connection with the pending
investigation by the Secretary of State of alleged voter registration fraud.
As you correctly note, Patricia Gorham of the Sutherland fii in is handling the
issues relating to the subpoena served on Third Sector Development by your
lAaron Gould Sheinin, Lewis joins call for state to process voter applications, The Atlanta
Journal-Constitution, (October 6, 2014 4:26 p.m.),
http://www.myajc.com/news/news/state-regional-govt-politics/lewis-joins-call-for-stateto-process-voterapplicinhcy0,/?ecmp=ajc social twitter 2014 politics sfp#6b3ebf14.3848765.735512.
HO] New York Avenue, NW
CIVIL RIGHTS
Salle 400
Fax: 2 -2.M3.c8 . 7
\, ww.lawyers..,mnnitte :,org
L A W
Co-Chairs
Donald J. Rosenberg
John M. Norma
Secretary
" Eleanor H. Smith
Treasurer
Andrew W. Kei tz
General Counsel
Nicholas T. Cluistakos
office. Thus, if the Secretary, Ms. Ford and/or their designees agree to meet with
the Lawyers' Committee and our partners, neither Ms. Gorham, nor the
Sutherland firm, will be participating in any of those discussions.
Finally, you claimed in your correspondence that there were "inaccuracies" in our
letter. In the interests of transparency and good faith, we would appreciate it if
you would explain what you meant by this statement and specifically why you
believe that any information contained in our October 3, 2014 letter was
inaccurate in any way.
Barbara R. Arnwine
Given the urgency of this matter, if the Secretary, Ms. Ford and/or their
designee(s) will not agree in writing to a meeting to be held at a mutually
agreeable time within the next 48 hours, we will be forced to conclude that our
continued informal efforts at resolving these issues will be futile.
Very truly yours,
By
Julie M. Houk2
Enclosure (Proposed Agenda)
Cc: Marshall W. Taylor, Esq.
NAACP, Office of the General Counsel
Rev. Dr. Francys Johnson
President, Georgia State Conference of the NAACP
Admitted to practice law in California, New Hampshire, Massachusetts, Illinois (registered

2
Proposed Agenda Subject to Change
A. Why are over 40,000 applicants from New Georgia Project registration drives still not on
the rolls or the pending list?
B. What quality control efforts are being made to ensure that applications are processed by
the counties in a timely and accurate manner? What is the Secretary of State doing and
what are the counties doing to ensure that applicants whose applications are determined
to have missing information are given a sufficient opportunity to supply the information
in time to vote in the election?
C. How are applications processed when the applicant uses the last four digits of their Social
Security Number? Our records reflect that the majority of the applicants who do not
appear on the voter file used their Social Security Number. Has the Secretary of State
identified - or have the counties reported - any problems with this system? We have
spoken to a number of applicants who did receive a deficiency letter notifying them that
their Social Security Number did not match in the database, however, the applicant
submitted an accurate number. How will resubmitting the same number change their
pending status?
D. What will happen if an applicant receives the deficiency letter within 30 days of the
election? Will the applicant be put on a supplemental poll list? When the applicant goes
to vote on Election Day, will a poll worker be required to consult a supplemental list to
find the applicant? How will the poll worker know what information the applicant must
provide? Is the procedure different during early voting?
E. What happens if an applicant submits correct information in response to a deficiency
letter, but the County doesn't enter this data until 41 day or more after the applicant was
placed on the pending list? Will the applicant's information have already been deleted
from the system?
F. Why do deficiency letters that were created by the State and foitnatted by the counties
direct voters to fill out new voter registration applications in addition to responding
directly to the deficiency addressed in the letter? Will these applicants be able to vote in
the November 2014 election if the information is submitted after October 6, 2014?
G. What is the Secretary of State's office doing to audit whether people have been
improperly placed on the pending lists due to errors in the data entry at the County level
or problems with the State's matching software.
H. Why were 7,000 applications that were collected by the Department of Driver's Services
as early as April 2014 given to Fulton County for processing only recently? What was the
cause for the delay? Given the problems Fulton County had with the timely handling of
registration applications in 2012, why would the Secretary of State withhold these
applications until the eve of the deadline for voter registration? Did this withholding take
place in other counties as well?
Exhibit E
The Office of Secretary of State

9Kyan germarry
Orkin 2(przp
GENERAL COUNSEL
SECRETARY OF STATE
October 9, 2014
Via Electronic Mail

Julie M. Houk
Lawyers' Committee for Civil Rights
1401 New York Avenue NW
Suite 400
[email protected]
RE: Georgia Voter Registration Procedures
Dear Ms. Houk:
I am in receipt of your letter dated October 6,2014. I appreciate you clarifying the purpose of the
Lawyers' Committee's "investigation" and am glad that you share this office's goal of ensuring that
every eligible Georgian who is entitled to vote is able to vote in the upcoming election. Eligibility in
Georgia is determined by county registrars and is determined in accordance with state and federal law.
See 0.C.G.A. 21-2-220 thru 21-2-236, et al., see also 52 U.S.C. 21083, et al. The process that the
counties use to determine eligibility was precleared by the United States Department of Justice.
The Secretary of State's office is in communication with the county election officials daily. Any
applications that are received by the Secretary of State's office are immediately sent to the counties for
processing and determination of eligibility. We are not aware of any county registrar who believes that
his or her respective office will be unable to process all timely submitted applications in accordance wi
state and federal lawincluding any applications received from your client or any other third-party
group. To date, we have also not received any indication from county election officials that any voter
registration applicant who timely submitted an application and provided information necessary to
determine eligbility will be left off the voter rolls. If you have any specific information to the contrary,
please provide that information to me. We will promptly investigate any such issue.
You mentioned "data entry errors, system matching errors, or other administrative problems" in your
October 3 letter. Again, our office is in daily communication with the county election officials, and I am
214 State Capitol o Atlanta, Georgia o 30334 o Tel: (404) 6 57- 7778 0 [email protected]
www.sos.state.ga.us
Letter to J. Houk
October 9, 2014
Page 2
not aware of any such issues. If you have any specific information to the contrary, please provide that
information to me and we will promptly investigate any issues.
Applicants in pending status have already had their applications processed, and county election officials
have determined, in accordance with state and federal law, that additional information is needed to
determine eligibility. Generally, these issues regard a discrepancy between information provided by the
applicant on his or her voter registration application and information previously provided by the
applicant to the Department of Driver Services or the Social Security Administration. This information
can include name. birth date, Georgia driver's license or identification card number, last four digits of
social security number, and/or U.S. citizenship status.
Applicants are contacted by the county via letter with the specific information needed to clear up any
discrepancies in their identifying information. Once a voter is determined to he eligible by the
appropriate county election official, the registration date is the date of receipt of the initial application.
Any eligible voter whose initial application was timely received will be eligible to vote in the upcoming
election, even if additional steps are necessary to determine eligibility.
Once an applicant has been contacted by his or her county election official, the applicant should respond
as soon as possible. Please encourage any applicants to contact their county election office as soon as
possible to clear up any discrepancy in their identifying and/or citizenship information.
Voters who receive non-match letters regarding identification within 30 days of the election will be
allowed to cast a regular ballot on Election Day if they are able to provide the documentation necessary
to resolve the issue at their polling place. However, those voters should still contact their county election
office as soon as possible rather than waiting for Election Day to clear up any discrepancies. If any voter
does not possess the necessary documentation to allow for verification of their information, they will
still be allowed to cast a provisional ballot. No voter should be turned away.
Thank you for your, interest in Georgia's elections. Unfortunately, due to the Secretary of State's
responsibilities in administering the election, a meeting regarding your generalized concerns is not
possible until after this election cycle. However, if you have any specific information regarding noncompliance with state or federal law in determining the eligibility of any applicant, please provide that
information to me. If you have any specific information regarding any voter who has received nonmatch letters that he or she believes to be in en-or or has experienced any other issues, please provide
that information to me. We will be happy to promptly look into any such issues.
Sincerely,
C. Rya
elm an y
214 State Capitol s Atlanta, Georgia 0 30334 o Tel: (404) 657-7778 a rgei [email protected] .you
www.sos.state.ga.us
Exhibit F
MI New York Avenue, NW
ER
CIVIE,IGHTS
Suite 400
Tel: 202.662.0000
Fax: 202.783,0837
wsvsv,lawyerscommittee.org
LAW
October 10, 2014

Co-Chairs
.Donald J. Rosenberg
John M. Norma
Secretary
Eleanor a Smith
Treasurer
Andrew W. Kentz
General Counsel
Nicholas Ti Christakos
President& Executive Director
Barbara R. Arnwine
Via Email Only: [email protected]

C. Ryan Germany, Esq.
General Counsel
The Office of the Secretary of State
214 State Capitol
Atlanta, Georgia 30334
Dear Mr. Germany:
We are in receipt of your letter dated October 9, 2014.
We were very disappointed to learn from your letter that our request for 'a meeting
with Secretary Kemp, Ms. Ford or one of their designees has been rejected. We
sincerely hoped that a meeting could have resulted in an informal resolution to
ensure that all eligible persons who submitted valid and timely voter registration
applications were entered onto the rolls and able to vote a regular ballot during
early voting and on November 4, 2014.
We were also disappointed by your failure to respond to the specific concerns
raised in our October 6, 2014, letter and in the proposed meeting agenda which
accompanied it. Instead, it appears that your letter attempts to cast blame on local
county elections officials for the large number of applicants who are still not
entered onto the Secretary's registration rolls. While this might be politically
expedient, it shows a callous indifference by the Secretary of State's office to the
individual Georgians who face being disenfranchised in the upcoming election.
You assert in your letter that the Secretary of State is in "daily" contact with
county election officials, but contend that Secretary Kemp is "not aware" of any
county registrar who believes that his or her office will be unable to process all
timely submitted applications in accord with state and federal law. However, your
letter does not provide any insight into what, if any, efforts your office has
undertaken to independently evaluate the capacity and ability of local county
elections officials to process outstanding voter registration applications in time for
early voting or even by November 4, 2014.
We are particularly concerned because it appears that your office claimed it was
similarly unaware of problems with the timely processing of voter registration
applications in Fulton County in the days before the 2012 general election. The
CIVIL, RIGHTS
1401 Now York Avenue, NW

Suite 400
Washington, DC 20005-21.24
IA: 2.02.662.8600
Fax: 202.781.0857
www.lawycrscornmitme.org
L A W
Co-Chairs
Donald J. Ro,,
-...mburg
John M. Norma
Secretaiy
Eleanor Ft Smith
Treasurer
Andrew W Rentz
General Counsel
NicholasT, Christakos
Barbara R, Arnwinc
processing delays resulted in numerous voters not being added to the rolls in time
for the election and many of those persons were forced to cast provisional ballots
that were not counted in the election returns. See, Transcript of December 17,
2013 State Election Board meeting.
In order to enhance the awareness of Secretary Kemp with respect to the scope
and gravity of the problem at hand, I am forwarding you a spreadsheet via email
which will enable your office to confirm that over 40,000 voter registration
applicants are still not on the rolls or accounted for on the Secretary's "pending
list." We made the offer to provide your office with this data in our October 6,
2014, letter, but your office made no effort to obtain the data from us and your
October 9, 2014, letter contained no reference to our offer in this regard. Since
the data file is large, please let me know if you do not receive it via email and we
will make arrangements to forward it to you in a different format.
We are providing this data to the Secretary of State's office in good faith with the
hope that Secretary Kemp will do everything in his power to ensure that every
eligible Georgian, regardless of party or race, who submitted a timely and valid
application will be entered onto the registration rolls and will be allowed to vote a
regular ballot during early voting and on November 4, 2014. We request that
your office respect the privacy and security of individual registration applicants
and that your office maintain this data as confidential.
Please be advised that nothing in this letter is intended to constitute any waiver or
other agreement with respect the right of any person or entity to enforce their
legal rights and/or to pursue any and all appropriate legal remedies in this matter.
Very truly yours,
By
M. Houkl
1 Admitted to practice law in California, New Hampshire, Massachusetts, Illinois (registered

Tel: 202.662.8N)0
CIVIT RIGHTS
Suite 400
Fax: 201783.0857
www.lawyer.C.Orrunittee.org
L A W
Co-Chairs
Donald J. Rosenberg
John M. Norma
Secretmy
Eleanor H. Smith
Treasurer
Andrew W Keinz
General C:ounsel
Barbara P. Arnwine
Cc: Marshall W. Taylor, Esq.

NAACP, Office of the General Counsel
Rev. Dr. Francys Johnson
President, Georgia State Conference of the NAACP

New Georgia Project Lawsuit PDF

Uploaded by

Copyright:

Available Formats

New Georgia Project Lawsuit PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

New Georgia Project Lawsuit PDF

Uploaded by

Copyright:

Available Formats

IN THE SUPERIOR COURT OF FULTON COUNT

DEPUTY CLERK SUPER!OR COURT

Civil Action No.

PETITION FOR WRIT OF MANDAMUS

timely to determine the eligibility of thousands of registration applications that were

profit corporation. It is a 501(c)(3) organization founded in 1998 and led by Georgia

Plaintiff The National Association for the Advancement of Colored People

Plaintiff Georgia State Conference of the National Association for the

Advancement of Colored People ("Georgia NAACP") is a Georgia not for profit

Defendant Fulton County Board of Elections and Registration is the Board of

Defendant DeKalb County Board of Elections and Registration is the Board of

Registrars for DeKalb County, Georgia. Defendants Michael P. Coveny, Catherine

Defendant Chatham County Board of Elections is the Board of Registrars for

Defendant Board of Elections and Registration serving Muscogee County is the

Board of Registrars for Muscogee County, Georgia. Defendants Margaret Jenkins,

Defendant Clayton County Board of Elections and Registration is the Board of

to in this Petition as the "Boards."

Section IV of the Constitution of the State of Georgia.

Venue is proper in this Court pursuant to Article VI, Section II of the

Constitution of the State of Georgia.

registered to vote. The New Georgia Project is focused on reaching those

NGP utilized a professional firm trained to use a formalized voter registration

Of the applications submitted to county registrars, approximately 36,982 were

The right to vote in Georgia is enshrined in Article II, Section 1, Paragraph 2 of

the Georgia Constitution:

Right to register and vote. Every person who is a citizen of

by this article, and who meets minimum residency

Pursuant to 0.C.G.A. 21-2-211(a), the Secretary of State "shall establish and

cycle and submitted thousands of voter registration applications to Georgia elections

County boards of registrars have the duty and responsibility to determine

If, in evaluating applications for registration, a board of registrars determines

had identified as possibly fraudulent. The Secretary of State's office made a

registration notice of missing information on their applications and an opportunity to

The issuance of a Writ of Mandamus is therefore necessary to require the

Petition for Writ of Mandamus

As organizations dedicated to help register eligible Georgia voters, Third Sector,

The defendants have the following clear, unequivocal, and nondiscretionary

sought but have no complete remedy other than mandamus.

of Mandamus ordering the defendants to:

(iii) If applicants supply the necessary information on or prior to the date of

ROBINS, KAPLAN, MILLER & CIRESI L.L.P.

800 LaSalle Avenue

ATTORNEYS FOR PLAINTIFF THIRD

ATTORNEYS FOR PLAINTIFFS

JERRY WILSON, ATTORNEY AT LAW

ATTORNEY FOR PLAINTIFF THIRD SECTOR

51 East Main Street

Dara Lindenbaum (pro hac vice pending)

1025 Vermont Avenue NW, Suite 300

Marshall W. Taylor (pro hac vice pending)

4805 Mt. Hope Drive

2 V , 2014 in Fulton County, Georgia.

THIRD SECTOR DEVELOPMENT, INC.

Sworn to and subscribed before me,

, 2014 in Fulton County, Georgia.

THE GEORGIA STATE CONFERENCE OF

Sworn to and subscribed before me,

Receipt Form for Registration Submissions

Georgia Regulations Applicable to Private Entities Registering Voters