COMPLAINT-CJ-PEARSON-V.-KEMP-11.25.2020

contravene the requirements of the Georgia or United States Constitutions.”
Shankey, 257 A. 2d at 898.
170.
Federal courts “possess broad discretion to fashion an equitable
remedy.” Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers,
781 F.3d 1271, 1290 (11th Cir. 2015); Castle v. Sangamo Weston, Inc., 837
F.2d 1550, 1563 (11th Cir. 1988) (“The decision whether to grant equitable
relief, and, if granted, what form it shall take, lies in the discretion of the
district court.”).
171.
Moreover, “[t]o the extent that a voter is at risk for having his or her
ballot rejected due to minor errors made in contravention of those
requirements, … the decision to provide a ‘notice and opportunity to cure’
procedure to alleviate that risk is one best suited for the Legislature[,] . . .
particularly in light of the open policy questions attendant to that decision,
including what the precise contours of the procedure would be, how the
concomitant burdens would be addressed, and how the procedure would
impact the confidentiality and counting of ballots, all of which are best left to
the legislative branch of Georgia's government.” Id.
81