CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/27/2023 1

Voter Photo Identification 

Common Cause/Georgia v. Billups 

(Harold L. Murphy, N.D. Ga. 4:05-cv-201) 

On September 19, 2005, Georgia voters filed a federal complaint 

challenging the constitutionality of Georgia’s voter photoidentification law. The district judge signed a proposed order to 

show cause why a preliminary injunction should not be granted 

and scheduled a hearing for October 12. On October 18, the court 

granted a preliminary injunction. Georgia enacted a revised photoidentification law in 2006; in 2007, the court determined that the 

revised law was constitutional. The court of appeals agreed in 2009. 

Subject: Voter identification. Topics: Voter identification; 

intervention; news media; section 5 preclearance. 

Several voters’ rights organizations filed a federal action on September 19, 

2005, to declare Georgia’s new voter photo-identification law unconstitutional.1

 Defendants were Georgia’s secretary of state, who was chair of the 

state’s election board, and election officials in seven of the 11 counties in the 

Northern District of Georgia’s Rome Division.2

In response to the plaintiffs’ request for a preliminary injunction,3 on the 

day the complaint was filed, Judge Harold L. Murphy signed a proposed order to show cause why the preliminary injunction should not be granted, and 

he set a hearing for October 12.4 Because the plaintiffs had not filed a supporting brief by October 3, Judge Murphy ordered them to do so by October 

1. Complaint, Common Cause/Ga. v. Billups, No. 4:05-cv-201 (N.D. Ga. Sept. 19, 2005), 

D.E. 1 [hereinafter Common Cause/Ga. Complaint]; Common Cause/Ga. v. Billups, 554 F.3d 

1340, 1346 (11th Cir. 2009); Common Cause/Ga. v. Billups, 439 F. Supp. 2d 1294, 1297 

(N.D. Ga. 2006); see Carlos Campos & James Salzer, Suit Slams Voter ID Law, Atlanta J.-

Const., Sept. 20, 2005, at A1; see also Amended Complaint, Common Cause/Ga., No. 4:05-

cv-201 (N.D. Ga. Oct. 12, 2005), D.E. 41. 

2. Common Cause/Ga. Complaint, supra note 1; see 28 U.S.C. § 90(a)(3) (listing counties 

in the division); N.D. Ga. L.R. app. A.I.4 (same). 

“[I]t was noticeable when the liberal groups bunched their plaintiffs and defendants in a 

handful of relatively rural counties near one another.” Walter C. Jones, Shopping Around 

Helped ID Case, Augusta Chron., Oct. 30, 2005, at B5. 

3. Preliminary-Injunction Motion, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Sept. 

19, 2005), D.E. 2; see Common Cause/Ga. v. Billups, 504 F. Supp. 2d 1333, 1337 (N.D. Ga. 

2007); Common Cause/Ga., 439 F. Supp. 2d at 1297–98. 

4. Order, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Sept. 19, 2005), D.E. 3; see

Common Cause/Ga., 504 F. Supp. 2d at 1337; Common Cause/Ga., 439 F. Supp. 2d at 1298; 

see also Brandon Larrabee, Debate Heads to Federal Court, Augusta Chron., Oct. 9, 2005, at 

B8. 

Tim Reagan interviewed Judge Murphy for this report by telephone on October 12, 2012. 

Judge Murphy died on December 28, 2022. Federal Judicial Center Biographical Directory of 

Article III Federal Judges, www.fjc.gov/history/judges. 
Voter Photo Identification 

2 Federal Judicial Center 10/27/2023 

6.5 The order to show cause and the briefing order helped to get the case 

moving quickly.6

On October 5, the election board moved to intervene.7 At a telephone 

conference that day, Judge Murphy granted the motion.8 On October 18, six 

days after the hearing,9

 Judge Murphy issued a 123-page order enjoining application of the new photo-identification law.10 On October 20, Judge Murphy denied Georgia’s motion to stay the injunction pending appeal.11 The 

court of appeals denied a stay one week later.12

The case received considerable attention from the news media, but that 

did not interfere with the case’s proceedings.13

In 2006, Georgia enacted a new voter photo-identification law, which the 

U.S. Justice Department precleared pursuant to section 5 of the Voting 

Rights Act.14 The plaintiffs amended their complaint to challenge the constitutionality of the new law on April 26, 2006.15 On July 14, Judge Murphy en5. Order, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Oct. 3, 2005), D.E. 19; see

Common Cause/Ga., 504 F. Supp. 2d at 1337; Common Cause/Ga., 439 F. Supp. 2d at 1298. 

6. Interview with Hon. Harold L. Murphy, Oct. 12, 2012. 

7. Intervention Motion, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Oct. 5, 2005), 

D.E. 20. 

8. Order, id. (Oct. 5, 2005), D.E. 24; Minutes, id. (Oct. 5, 2005), D.E. 22. 

9. Transcript, id. (Oct. 12, 2005, filed Oct. 26, 2005), D.E. 54. 

10. Common Cause/Ga. v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005) (fifty-three pages in the Federal Supplement); see Common Cause/Ga. v. Billups, 554 F.3d 1340, 1346 (11th 

Cir. 2009); Common Cause/Ga., 504 F. Supp. 2d at 1338; Common Cause/Ga., 439 F. Supp. 

2d at 1298; see also Brandon Larrabee, Federal Judge Stalls Georgia Voter ID Law, Augusta 

Chron., Oct. 19, 2005, at B4; Bill Rankin, Judge Halts Voter ID Law, Atlanta J.-Const., Oct. 

19, 2005, at A1; Daniel P. Tokaji, The New Vote Denial: Where Election Reform Meets the 

Voting Rights Act, 57 S.C. L. Rev. 689, 699, 713 (2006). 

11. Order, Common Cause/Ga. Supp. 2d at 1338; Common Cause/Ga., 439 F. Supp. 2d at 

1298; see also Bill Rankin, Judge Firm on Voter ID Ruling, Atlanta J.-Const., Oct. 21, 2005, at 

D5. 

12. Docket Sheet, Common Cause/Ga. v. Billups, No. 05-15784 (11th Cir. Oct. 21, 2005) 

(noting denial of a stay on Oct. 27, 2005, and remand of the case on Feb. 9, 2006); see Common Cause/Ga., 504 F. Supp. 2d at 1338; Common Cause/Ga., 439 F. Supp. 2d at 1298; see 

also Bill Rankin, Hold on Photo ID Law Upheld, Atlanta J.-Const., Oct. 28, 2005, at A1. 

13. Interview with Hon. Harold L. Murphy, Oct. 12, 2012. 

14. Notice, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Apr. 21, 2006), D.E. 83; see

Voting Rights Act of 1965, Pub. L. No. 89-110, § 5, 79 Stat. 437, 439, as amended, 52 U.S.C. 

§ 10304 (requiring preclearance of changes to voting procedures in jurisdictions with a certified history of discrimination); see also Common Cause/Ga., 554 F.3d at 1346–47; Common 

Cause/Ga., 504 F. Supp. 2d at 1338; Carlos Campos & Nancy Badertscher, U.S. Oks Latest ID 

Voter Law, Atlanta J.-Const., Apr. 22, 2006, at E1; Shannon McCaffrey, Georgia Voter ID 

Law Cleared, Augusta Chron., Apr. 22, 2006, at A1. 

On June 25, 2013, the Supreme Court declined to hold section 5 unconstitutional, but the 

Court did hold unconstitutional the criteria for which jurisdictions require section 5 preclearance. Shelby County v. Holder, 570 U.S. 529 (2013). 

15. Second Amended Complaint, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Apr. 

26, 2006), D.E. 85; see Common Cause/Ga., 504 F. Supp. 2d at 1338; Common Cause/Ga., 439 

F. Supp. 2d at 1298. 
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Federal Judicial Center 10/27/2023 3

joined application of the new law to the July 18 primary elections and any 

necessary runoff elections.16

One week earlier, a state court judge had similarly enjoined application 

of the law during the primary elections,17 and Georgia’s supreme court denied a stay of that order.18 On June 11, 2007, however, Georgia’s supreme 

court concluded that the plaintiff in the state case lacked standing because 

she possessed sufficient identification to entitle her to vote.19

Two voters without the required identification documents filed a separate complaint on August 1620 and sought on August 17 to consolidate their 

action with the 2005 case.21 Pending in the 2005 case was a motion to add 

these two voters as plaintiffs,22 a motion that Judge Murphy granted on August 17.23 He denied the motion to consolidate the new action, because the 

new action was redundant and trial was approaching in the first action.24 In 

2008, the new action was dismissed voluntarily.25

On September 6, 2007, after a bench trial, Judge Murphy determined that 

after the 2006 statutory change, the plaintiffs’ complaint was ultimately without merit, and he awarded judgment to the defendants.26 The court of appeals agreed on January 14, 2009.27

16. Common Cause/Ga., 439 F. Supp. 2d at 1360; see Common Cause/Ga., 504 F. Supp. 2d 

at 1340; see also Brenda Goodman, Federal Judge Rules Voter ID Card Law in Georgia Is Illegal, N.Y. Times, July 13, 2006, at A18; Errin Haines, Voter Photo ID Rule Ruled Out, Augusta 

Chron., July 13, 2006, at B1; Sonji Jacobs & Carlos Campos, Photo ID Law Suffers 2 Setbacks, 

Atlanta J.-Const., July 13, 2006, at B1. 

17. Temporary Restraining Order, Lake v. Perdue, No. 2006CV119207 (Ga. Sup. Ct. July 

7, 2006), filed as Ex. 1, State Motion, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. July 7, 

2006), D.E. 113; see Common Cause/Ga., 504 F. Supp. 2d at 1340; see also Carlos Campos, 

Voter ID Law on Hold, Atlanta J.-Const., July 8, 2006, at A1; Brenda Goodman, Judge Blocks 

Requirement in Georgia for Voter ID, N.Y. Times, July 8, 2006, at A10. 

18. See Common Cause/Ga., 504 F. Supp. 2d at 1340.

19. Perdue v. Lake, 647 S.E.2d 6, 7–8 (Ga. 2007); see Common Cause/Ga., 554 F.3d at 

1347; Common Cause/Ga., 504 F. Supp. 2d at 1341.

20. Complaint, Young v. Billups, No. 4:07-cv-163 (N.D. Ga. Aug. 16, 2007), D.E. 1. 

21. Emergency Motion, id. (Aug. 17, 2007), D.E. 2. 

22. Motion to Amend Complaint, Common Cause/Ga., No. 4:05-cv-201 (N.D. Ga. Aug. 

13, 2007), D.E. 159. 

23. Order, id. (Aug. 17, 2007), D.E. 181; see Amendment to Second Amended Complaint, 

id. (Aug. 20, 2007), D.E. 193. 

24. Order, Young, No. 4:07-cv-163 (N.D. Ga. Aug. 17, 2007), D.E. 3. 

25. Voluntary Dismissal, id. (Apr. 24, 2008), D.E. 5. 

26. Common Cause/Ga. v. Billups, 504 F. Supp. 2d 1333, 1383 (N.D. Ga. 2007); see

Common Cause/Ga. v. Billups, 554 F.3d 1340, 1348 (11th Cir. 2009); see also Shaila Dewan, 

Photo IDs for Voters Are Upheld, N.Y. Times, Sept. 7, 2007, at A22; Vicky Eckenrode, Voting 

ID Law Upheld, Augusta Chron., Sept. 7, 2007, at B1; Bill Rankin & Jim Galloway, State Law 

Upheld, Atlanta J.-Const., Sept. 7, 2007, at A1. 

27. Common Cause/Ga., 554 F.3d at 1352–55, cert. denied, NAACP v. Billups, 556 U.S. 

1282 (2009); see Bill Rankin, Georgia’s Voter ID Law Upheld in Federal Appeals Court Ruling, 

Atlanta J.-Const., Jan. 15, 2009, at C3.