Election Crime Bureau

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Raffensperger Pre-Election Consent Decree – Seditious Conspiracy (GA)

Disputed Fact

[Disputed Fact — As to coordinated intent] Georgia Secretary of State Brad Raffensperger entered into a pre-election consent decree with the Democratic Party that modified absentee ballot signature cure procedures, resulting in only six of 148,318 Fulton County absentee ballots being rejected. Whether the consent decree reflected coordinated intent to undermine election security, rather than a good-faith legal settlement of a signature-cure dispute, is disputed. The consent decree’s constitutionality was not adjudicated on the merits; a petition for certiorari raising the Elections Clause argument was denied by the Supreme Court.

Citations

Compromise Settlement Agreement and Release, Democratic Party of Georgia v. Raffensperger (July 2020) (see fn104–105).

Civil Rights Litigation Clearinghouse, Democratic Party of Georgia v. Raffensperger (case summary; consent decree confirmed as operative; no court has ruled the consent decree unconstitutional).

Petition for Certiorari, No. 21-1081 (U.S. 2022) (cert. petition raising Elections Clause challenge to the consent decree; cert. denied).