Black Voters Matter Fund Inc. v. Kemp
| Decision Date | 08 March 2022 |
| Docket Number | S21A1261, S21A1262, S21X1326, S22X0007, S21A1263 |
| Citation | 313 Ga. 375,870 S.E.2d 430 |
| Parties | BLACK VOTERS MATTER FUND INC. et al. v. KEMP et al.; and vice versa (four cases). Willie Saunders v. Kemp et al. |
| Court | Georgia Supreme Court |
Joseph Thomas Rhodes, Samuel Aaron Emas, Hunter Rhodes LLC, 266 Greene Street, Augusta, Georgia 30901, for Appellant in S21A1261, S21A1262.
Joshua Barrett Belinfante, Javier Pico-Prats, Robbins Ross Alloy Belinfante Littlefield LLC, 500 14th St, NW, Atlanta, Georgia 30318, Holly Anne Pierson, Pierson Law LLC, 3127 Maple Drive, Atlanta, Georgia 30305, Russell David Willard, Senior Assistant Attorney General, Lee M. Stoy, Jr., Assistant Attorney General, Christopher M. Carr, Attorney General, Bryan Keith Webb, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334-0819, Vincent Robert Russo, Jr., Robbins Ross Alloy Belinfante Littlefield, LLC, 999 Peachtree Street, Suite 1120, Atlanta, Georgia 30309-3996, Wayne Brown, General Counsel, Samuel Ethan Meller, Assistant General Counsel, Augusta Law Department, 535 Telfair Street, Bldg. 3000, Augusta, Georgia 30901-2009, George R. Hall, Hull Barrett, PC, PO Box 1564, Augusta, Georgia 30903-1564, William James Keogh, III, James Christopher Driver, County Attorney, Hull Barrett, PC, 801 Broad Street, Ste 700, Augusta, Georgia 30901-1564, Barry Abbott Fleming, Paul Simon Patterson Williams, Frank Adam Nelson, Fleming & Nelson, LLP, P.O. Box 2208, Evans, Georgia 30809, for Appellee in S21A1261.
Joshua Barrett Belinfante, Javier Pico-Prats, Robbins Ross Alloy Belinfante Littlefield LLC, 500 14th St, NW, Atlanta, Georgia 30318, Holly Anne Pierson, Pierson Law LLC, 3127 Maple Drive, Atlanta, Georgia 30305, Russell David Willard, Senior Assistant Attorney General, Lee M. Stoy, Jr., Assistant Attorney General, Bryan Keith Webb, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334-0819, Vincent Robert Russo, Jr., Robbins Ross Alloy Belinfante Littlefield, LLC, 999 Peachtree Street, Suite 1120, Atlanta, Georgia 30309-3996, Wayne Brown, General Counsel, Samuel Ethan Meller, Assistant General Counsel, Augusta Law Department, 535 Telfair Street, Bldg. 3000, Augusta, Georgia 30901-2009, George R. Hall, Hull Barrett, PC, PO Box 1564, Augusta, Georgia 30903-1564, William James Keogh, III, James Christopher Driver, County Attorney, Hull Barrett, PC, 801 Broad Street, Ste 700, Augusta, Georgia 30901-1564, Barry Abbott Fleming, Paul Simon Patterson Williams, Frank Adam Nelson, Fleming & Nelson, LLP, P.O. Box 2208, Evans, Georgia 30809, for Appellee in S21A1262.
Holly Anne Pierson, Pierson Law LLC, 3127 Maple Drive, Atlanta, Georgia 30305, Russell David Willard, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Bryan Keith Webb, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334-0819, Joshua Barrett Belinfante, Javier Pico-Prats, Robbins Ross Alloy Belinfante Littlefield LLC, 500 14th St, NW, Atlanta, Georgia 30318, Vincent Robert Russo, Jr., Robbins Ross Alloy Belinfante Littlefield, LLC, 999 Peachtree Street, Suite 1120, Atlanta, Georgia 30309-3996, for Appellant in S21X1326, S22X0007.
Barry Abbott Fleming, Paul Simon Patterson Williams, Frank Adam Nelson, Fleming & Nelson, LLP, P.O. Box 2208, Evans, Georgia 30809, Wayne Brown, General Counsel, Samuel Ethan Meller, Assistant General Counsel, Augusta Law Department, 535 Telfair Street, Bldg. 3000, Augusta, Georgia 30901-2009, George R. Hall, Hull Barrett, PC, PO Box 1564, Augusta, Georgia 30903-1564, William James Keogh, III, James Christopher Driver, County Attorney, Hull Barrett, PC, 801 Broad Street, Ste 700, Augusta, Georgia 30901-1564, for Other Party in S21X1326, S22X0007.
Joseph Thomas Rhodes, Samuel Aaron Emas, Hunter Rhodes LLC, 266 Greene Street, Augusta, Georgia 30901, for Appellee in S21X1326.
Joseph Thomas Rhodes, Samuel Aaron Emas, Hunter Rhodes LLC, 266 Greene Street, Augusta, Georgia 30901, John B. Long, Thomas W. Tucker, Tucker Long, PC, P. O. Box 2426, Augusta, Georgia 30903-2426, for Appellee in S22X0007.
John B. Long, Thomas W. Tucker, Tucker Long, P.C., P.O. BOX 2426, Augusta, Georgia 30903-2426, for Appellant in S21A1263.
Joshua Barrett Belinfante, Javier Pico-Prats, Robbins Ross Alloy Belinfante Littlefield LLC, 500 14th St, NW, Atlanta, Georgia 30318, James Christopher Driver, County Attorney, William James Keogh, III, Hull Barrett PC, 801 Broad Street, Suite 700, Augusta, Georgia 30901, Vincent Robert Russo, Jr., Robbins Ross Alloy Belinfante Littlefield, LLC, 999 Peachtree Street, Suite 1120, Atlanta, Georgia 30309-3996, Russell David Willard, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Bryan Keith Webb, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334-0819, Joseph Thomas Rhodes, Samuel Aaron Emas, Hunter Rhodes LLC, 266 Greene Street, Augusta, Georgia 30901, George R. Hall, Hull Barrett, PC, PO Box 1564, Augusta, Georgia 30903-1564, Wayne Brown, General Counsel, Samuel Ethan Meller, Augusta Law Department, 535 Telfair Street, Bldg. 3000, Augusta, Georgia 30901-2009, Barry Abbott Fleming, Paul Simon Patterson Williams, Frank Adam Nelson, Fleming & Nelson, LLP, P.O. Box 2208, Evans, Georgia 30809, for Appellee in S21A1263.
On March 25, 2021, Governor Kemp signed into law Senate Bill 9 ("SB 9"), which created from the former Augusta Judicial Circuit two new judicial circuits: the Columbia Judicial Circuit, comprised of Columbia County, and the Augusta Judicial Circuit, comprised of Burke and Richmond Counties. The judicial circuit split, which was slated to become effective on July 1, 2021, was briefly stayed by three lawsuits challenging the constitutionality of SB 9. The lawsuits were filed in the Superior Court of Richmond County, one by Columbia County citizen Willie Saunders and two by the nonprofit, voting advocacy organization, Black Voters Matter Fund, Inc. ("BVMF"). At the heart of each of these suits is an assertion that Columbia County officials sought to form their own judicial circuit as a racially discriminatory reaction to the election of District Attorney Jared Williams in November 2020. Williams is the first African American elected as District Attorney for the former Augusta Judicial Circuit. He continues in that office in the new Augusta Judicial Circuit.
These appeals and cross-appeals arise from the trial court's July 13, 2021 final judgment addressing the merits of the appellants’ challenges to SB 9 in each of the three suits. After an evidentiary hearing, the trial court rejected the appellants’ challenges to SB 9, declaring it "valid and enforceable" and allowing the circuit split to proceed. However, as explained more fully in Division 1 below, we vacate the trial court's judgment as to BVMF and remand those cases to the trial court with instruction that they be dismissed because BVMF lacks standing to pursue its actions. As to Saunders, we do not reach the merits of his appeal because, as explained in Division 2 below, Saunders failed to challenge the trial court's dispositive ruling dismissing the defendants he sued. Thus, we also vacate the judgment as to Saunders's complaint and direct the trial court to dismiss his action upon remand.
The facts pertinent to the resolution of these appeals are as follows. On April 28, 2021, Saunders filed a verified complaint against Governor Kemp and the counties comprising the former Augusta Judicial Circuit (Burke, Columbia, and Richmond, collectively, "the Counties"). Saunders asserted a claim for declaratory relief against Governor Kemp and a claim for injunctive relief against the Counties.1 On June 14, BVMF filed an unverified complaint ("BVMF I ") that was virtually identical to the Saunders suit and which sought the same relief against the same defendants.2 In BVMF I , BVMF alleged that it is a nonprofit Georgia corporation that represents the voting interests of African American voters in the Counties.
BVMF thereafter filed a motion to consolidate BVMF I with Saunders's suit. On June 28, BVMF amended its original complaint in BVMF I , purporting to add the State of Georgia as a defendant.3 BVMF also alleged that it is a "nonprofit organization registered in the State of Georgia whose purpose and mission is to promote and protect the voting rights of Black voters in Georgia through grass roots campaigning, public relations, political endorsements, lobbying, and litigation."
After a June 30 hearing addressing various motions, the trial court entered orders consolidating the BVMF I and Saunders actions. Also on June 30, the trial court dismissed Saunders's claim for declaratory relief, but not his claims for injunctive relief. And the trial court extended the temporary restraining order against the defendants, amending it to include the State of Georgia. On July 8, BVMF filed a second amended complaint in the consolidated actions. This complaint was verified. In this complaint, BVMF alleged for the first time that it "has citizens in Georgia as members, including members in the Augusta Judicial Circuit." BVMF, however, did not identify any of those members or allege that they were eligible voters. In its response and special appearance, as well as in its motion to dismiss, the State asserted a number of defenses, including that BVMF lacked standing to sue and that service of process on the State was insufficient.
On July 6, BVMF filed a separate verified complaint for declaratory relief against the State of Georgia only ("BVMF II "). In this complaint, BVMF asserted the same grounds for declaratory relief that it had asserted in its prior action.4 BVMF did not move to consolidate its second complaint with the two previously consolidated actions, nor did the trial court enter such an order. The court's final order, however, reflects that its final judgment was entered in all three actions.
On July 7, upon granting applications for discretionary appeal brought by Governor Kemp and the State of...
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