486297507-Second-Order-Pearson-v-Kemp-11-29-2020-1
Order reversing previous decision on the basis of Jacobson v. Florida Secretary of State. That case went against the Democrats, so partisanship hard to argue. Better view is that Jacobson was wrongly decided, and the dissent in that case was correct. Secretary of State could be enjoined from issuing orders to local officials directing the deletion or spoliation of evidence.
Order reversing previous decision on the basis of Jacobson v. Florida Secretary of State. That case went against the Democrats, so partisanship hard to argue. Better view is that Jacobson was wrongly decided, and the dissent in that case was correct. Secretary of State could be enjoined from issuing orders to local officials directing the deletion or spoliation of evidence.
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in Courtroom 2106, United States Courthouse, 75 Ted Turner Drive,<br />
Atlanta, Georgia, 30303.<br />
In addition, Plaintiffs contend that Union County officials have<br />
advised that they are going to wipe or reset the voting machines of all<br />
data and bring the count back to zero on Monday, November 30. On this<br />
basis, Plaintiffs seek a temporary restraining order to impound and<br />
preserve the voting machines in the State of Georgia, and to prevent<br />
any wiping of data. However, Plaintiffs’ request fails because the voting<br />
equipment that they seek to impound is in the possession of county<br />
election officials. Any injunction the Court issues would extend only to<br />
Defendants and those within their control, and Plaintiffs have not<br />
demonstrated that county election officials are within Defendants’<br />
control. Defendants cannot serve as a proxy for local election officials<br />
against whom the relief should be sought. Jacobson v. Fla. Sec’y of<br />
State, 974 F.3d 1236, 1256–58 (<strong>11</strong>th Cir. <strong>2020</strong>). Therefore, to the extent<br />
Plaintiffs seek emergency relief to impound and preserve the voting<br />
machines, that request is denied.<br />
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