Wood has not demonstrated a substantial likelihood of success as to Count II.
- 3. Due Process (Count III)
Under the Fourteenth Amendment, “[n]o State shall… deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV. The Due Process Clause has two components: procedural and substantive. DeKalb Stone, Inc. v. Cnty. of DeKalb, Ga., 106 F.3d 956, 959 (11th Cir. 1997). Wood alleges that Defendants have “fail[ed]… to ensure that the Hand Recount is conducted fairly and in compliance with the Georgia Election Code” by denying monitors “the opportunity to be present throughout the entire Hand Recount, and when allowed to be present, they were denied the opportunity to observe the Hand Recount in any meaningful way.”[1] Although not articulated in his Amended Complaint or motion for temporary restraining order, Wood clarified during oral argument that he is pursing both a procedural and substantive due process claim. Each will be addressed in turn.
- a) Procedural Due Process
A procedural due process claim raises two inquires: “(1) whether there exists a liberty or property interest which has been interfered with by the State and
- ↑ ECF 6, at 20–21.
