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

172.
The disparate treatment of Georgia voters, in subjecting one class of
voters to greater burdens or scrutiny than another, violates Equal Protection
guarantees because “the right of suffrage can be denied by a debasement or
dilution of the weight of a citizen’s vote just as effectively as by wholly
prohibiting the free exercise of the franchise.” Reynolds, 377 U.S. at 555. Rice
v. McAlister, 268 Ore. 125, 128, 519 P.2d 1263, 1265 (1975); Heitman v.
Brown Grp., Inc., 638 S.W.2d 316, 319, 1982 Mo. App. LEXIS 3159, at *4 (Mo.
Ct. App. 1982); Prince v. Bear River Mut. Ins. Co., 2002 UT 68, 41, 56 P.3d
524, 536-37 (Utah 2002).
173.
Defendants are not the legislature, and their unilateral decision to
create and implement a cure procedure for some but not all absentee and
mail-in voters in this State violates the Due Process Clause of the United
States Constitution. Plaintiffs have no adequate remedy at law and will
suffer serious and irreparable harm unless the injunctive relief requested
herein is granted.
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