Sullivan, David J. Worley, Matthew Mashburn, and Anh Le, the members of the Georgia State Election Board (“State Defendants”). On December 3, 2020, Intervenor-Defendants filed a Motion to Intervene. A hearing was held on December 7, 2020 and the Court granted the motion.
The Court held a hearing on December 8, 2020 to address the Intervenor-Defendants’ Motion to Dismiss. In attendance were counsel representing the Plaintiff, counsel representing the State Defendants,[1] counsel representing the Intervenor-Defendants, and counsel representing a party attempting to intervene in the contest as a petitioner, Shawn Still. Counsel for the State Defendants made an oral motion to dismiss the case and there was no objection by Plaintiff. The Court heard argument from the parties on the motions to dismiss by the State Defendants and Intervenors, as well as arguments on the propriety of and scope of relief sought by the Petitioner.
The Court, having reviewed the record in this matter and having considered the pending Motions to Dismiss by Defendants and Intervenors, respectively, the Memoranda of Law in support thereof, Plaintiff’s opposition thereto, and argument presented by all parties at a hearing before the Court on this day, it is hereby ordered that Defendants’ and Intervenor-Defendants’ Motions to Dismiss are granted on the following grounds:
First, the Court finds that, pursuant to O.C.G.A. § 21-2-520, the State Defendants are improper parties to this action. O.C.G.A. § 21-2-520(2) defines the proper “Defendants” for purposes of an election contest as follows:
(A) The person whose nomination or election is contested;
- ↑ Counsel from the Georgia Attorney General’s Office appeared at the hearing on behalf of the State Defendants and waived the statutory notice required under O.C.G.A. § 9-10-2.
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