CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/26/2023 1

States Cannot Require Voter Registration 

More Than Thirty Days 

Before a Federal Runoff Election 

Georgia State Conference of the NAACP v. Georgia 

(Timothy C. Batten, Sr., N.D. Ga. 1:17-cv-1397) 

Granting a preliminary injunction, a federal district judge found that 

a state statute requiring voter registration five Mondays before an 

election to be eligible to vote in a later runoff election was inconsistent with the National Voter Registration Act’s requirement that 

voter registrations for federal elections be accepted until no more 

than thirty days before an election. 

Subject: Registration procedures. Topics: Registration 

procedures; National Voter Registration Act; recusal; attorney fees. 

One of Georgia’s members of Congress became secretary of health and human 

services in February 2017, so a special election was held on April 18 to fill the 

vacancy.1 Because no candidate received a majority of the vote, a runoff election was scheduled for June 20.2

 Five voting-rights organizations filed a federal 

complaint in the Northern District of Georgia on Thursday, April 20, against 

Georgia and its secretary of state challenging a Georgia statute requiring voter 

registration by the fifth Monday before an election to be eligible to vote in the 

later runoff election, alleging a violation of the National Voter Registration 

Act of 1993, which requires voter registrations for federal elections to be accepted up to thirty days before the election.3

 With their complaint, the plaintiffs filed an emergency motion for a preliminary injunction.4

On the day that the case was filed, Judge Eleanor L. Ross found that she 

had a conflict in the case, and so she recused herself.5 On Monday, Judge Timothy C. Batten, Sr., granted expedited consideration and set the case for hearing on May 4.6

 On the day of the hearing, he granted the plaintiffs an injunction requiring Georgia to accept voter registrations for the June 20 runoff election until May 21.7

1. Opinion at 2, Ga. State Conference of NAACP v. Georgia, No. 1:17-cv-1397 (N.D. Ga. 

May 4, 2017), D.E. 29. 

2. Id. 

3. Complaint, id. (Apr. 20, 2017), D.E. 1; see Amended Complaint, id. (Apr. 25, 2017), D.E. 

17; see also Pub. L. No. 103-31, 107 Stat. 77 (1993), as amended, 52 U.S.C. §§ 20501–20511. 

See generally Robert Timothy Reagan, Motor Voter: The National Voter Registration Act 

(Federal Judicial Center 2014). 

4. Preliminary-Injunction Motion, Ga. State Conference of NAACP, No. 1:17-cv-1397 

(N.D. Ga. Apr. 20, 2017), D.E. 2. 

5. Recusal Order, id. (Apr. 20, 2017), D.E. 3. 

6. Order, id. (Apr. 24, 2017), D.E. 16; see Minutes, id. (May 4, 2017), D.E. 30. 

7. Opinion, supra note 1; see Chris Joyner, 6th District Sees Latest Voting Rights Skirmish, 

Atlanta J.-Const., May 19, 2017, at 1B. 
States Cannot Require Voter Registration 

More Than Thirty Days Before a Federal Runoff Election 

2 Federal Judicial Center 10/26/2023 

Pursuant to an October 17, 2017, consent decree, Georgia would not require registration for a federal election more than thirty days before an election, even a runoff election.8

 Judge Batten awarded the plaintiffs $122,171.54 

in attorney fees and expenses on April 11, 2018.9

8. Consent Decree, Ga. State Conference of NAACP, No. 1:17-cv-1397 (N.D. Ga. Oct. 17, 

2017), D.E. 42. 

9. Opinion, id. (Apr. 11, 2018), D.E. 52, 2018 WL 2271244.