Charles H. Wesley Education Foundation, Inc. v. Cox

324 F. Supp. 2d 1358, 2004 U.S. Dist. LEXIS 12120, 2004 WL 1490429
CourtDistrict Court, N.D. Georgia
DecidedJuly 1, 2004
Docket1:04-cv-01780
StatusPublished
Cited by6 cases

This text of 324 F. Supp. 2d 1358 (Charles H. Wesley Education Foundation, Inc. v. Cox) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles H. Wesley Education Foundation, Inc. v. Cox, 324 F. Supp. 2d 1358, 2004 U.S. Dist. LEXIS 12120, 2004 WL 1490429 (N.D. Ga. 2004).

Opinion

ORDER

O’KELLEY, Senior District Judge.

The captioned case is before the court for consideration of plaintiffs’ motion to substitute a party [2-1] and plaintiffs’ motion for a preliminary injunction [4-1], The Nu Mu Lambda Chapter of the Alpha Phi Alpha Fraternity, Inc. was originally named as a plaintiff, and the court orally GRANTED the motion to replace that organization with the current plaintiff Charles H. Wesley Education Foundation, Inc. (“the Wesley Foundation”) at a hearing on June 29, 2004. The parties have briefed and orally argued the issues related to plaintiffs’ request for a preliminary injunction.

I. Background

There are relatively few pertinent facts in this case, and they are undisputed. The *1361 Wesley Foundation is an organization designed to support and promote the charitable and educational endeavors of the Nu Mu Lambda Chapter of the Alpha Phi Alpha fraternity (“the fraternity”). [Am. Compl. at ¶ 11]. Plaintiffs Ruley, Shaw, Johnson, and Bacon (“the Wesley Foundation plaintiffs”) are members of the fraternity and active participants in Wesley Foundation-sponsored programs. [Id. at ¶ 12]. Each year, the Wesley Foundation participates in a program developed by the fraternity called “A Voteless People is a Hopeless People.” [Id at ¶ 14], As part of that program, the Wesley Foundation has participated in numerous non-partisan voter registration drives primarily designed to increase the voting strength of African-Americans. [Id.]. Through these drives, the Wesley Foundation aims to provide a convenient way for a large number of people to register to vote. [Id. at ¶ 16], Particularly for drives conducted in large metropolitan areas like Atlanta, the Wesley Foundation attempts to provide easy registration for potential voters who might be visiting the area from neighboring counties or states. [Id. at ¶ 18].

On June 12, 2004, the Wesley Foundation conducted a voter registration drive at the Mall at Stonecrest in DeKalb County, Georgia. [Id. at ¶26]. At that location, Wesley Foundation volunteers provided voter registration forms to those who wished to register. [Id. at ¶ 27]. The Wesley Foundation volunteers collected registration forms from people who resided in various Georgia counties and from out-of-state applicants. [Id. at ¶ 29]. Plaintiff Earline Crawford was one of those Georgia residents who gave her completed registration form to the Wesley Foundation volunteers on June 12, 2004. [M],

At the conclusion of the registration drive, the Wesley Foundation volunteers collected each of the sixty-four 1 forms completed by Georgia residents and mailed them bundled in one package to the Georgia Secretary of State’s office for processing. [Id. at ¶ 30]. The out-of-state application forms were sent to the appropriate out-of-state offices for processing. [M]. On June 17, 2004, a representative from the Georgia Secretary of State’s office informed plaintiffs’ counsel that the state was rejecting the bundle of applications because the Wesley Foundation had violated various provisions of Georgia law when it conducted the voter registration drive. [Id. at ¶ 32], Specifically, the Secretary of State’s office informed plaintiffs’ counsel that, under Georgia law, only a registrar, deputy registrar, or an otherwise authorized person could accept or collect voter registration applications. [Id. at Ex. G]. Because no such person was present at the voter registration drive of June 12, the state refused to consider the applications contained in the package the Wesley Foundation sent to the Secretary of State. Plaintiffs seek to enjoin the state from refusing the applications and obtain an order from this court ordering the Secretary of State to process the applications such that those who are otherwise eligible may vote in the upcoming July 20, 2004 primary election, which will include candidates for federal office.

At the hearing on June 29, the parties were particularly helpful in agreeing to several facts that serve to significantly limit the scope of issues in dispute. The Secretary of State admits that the applica *1362 tions submitted on June 12, 2004 by the Wesley Foundation utilized an appropriate registration form and were timely for the purpose of ensuring that those who were eligible would be able to vote in the July 20 primary election. The Secretary of State further admitted that her office would have processed the forms if each registrant had mailed his application in a separate, postmarked envelope, which the Secretary of State contends is required by Georgia law for those who wish to register by mail. Accordingly, the only substantive issue presented to this court is the extent to which the Georgia Secretary of State must accept mailed applications from the organizers of a voter registration drive.

Plaintiffs contend the applications were sent to the Georgia Secretary of State in a manner consistent with the National Voter Registration Act of 1993 (“NVRA”), 42 U.S.C. §§ 1973gg-1978gg-10. They assert that by refusing the applications sent on June 12, the state has violated their rights under the NVRA, the Voting Rights Act of 1965, and the First, Fourteenth, and Fifteenth Amendments to the United States Constitution. They seek an injunction ordering the Secretary of State to process the forms submitted on June 12 and preventing her from similarly violating their above-referenced rights in the future. They also seek damages and attorney’s fees. The Secretary of State contends that none of the plaintiffs has standing to bring this action and that her actions were consistent with state and federal law.

II. Standing

Defendants contend that none of the plaintiffs has standing to bring this action. Each plaintiff will be addressed in turn.

A. Earline J. Crawford

Plaintiff Crawford is alleged to have submitted a voter registration application to the Wesley Foundation volunteers at the June 12 drive that was among those rejected by the Secretary of State. The “case” or “controversy” mandate of Article III requires the following with regard to standing:

(1) that the plaintiff have suffered an “injury in fact” — an invasion of a judicially cognizable interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) that there be a causal connection between the injury and the conduct complained of — the injury must be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court; and (3) that it be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.

Bennett v. Spear, 520 U.S. 154, 167, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997). Defendants maintain that plaintiff Crawford fails on all three prongs of the standing analysis.

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Bluebook (online)
324 F. Supp. 2d 1358, 2004 U.S. Dist. LEXIS 12120, 2004 WL 1490429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-h-wesley-education-foundation-inc-v-cox-gand-2004.