Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 12 of 153
II.
JOINDER OF MUNICIPALITIES CONDUCTING NOVEMBER
2019 ELECTIONS
The State Defendants assert that Plaintiffs lack standing to obtain the relief
sought because “State Defendants have no control over the upcoming municipal
elections” and therefore “any injunctive relief against State Defendants would not
achieve Plaintiffs’ desired results.” (Resp., Doc. 472 at 12-13.) According to the
State, each of the Georgia municipalities that conduct their own elections are
necessary parties and Plaintiffs’ failure to join them in this suit precludes relief
under Federal Rule of Civil Procedure 19.
This Court has previously rejected variations of this argument in its prior
Orders on the Defendants’ Motions to Dismiss. For example, Defendants argued
that an injunction prohibiting the State Defendants from using DREs would not
actually stop the deployment of DREs because the State is not the entity that
enforces the law requiring DREs and county officials not included in this suit
would continue to use DREs.
Recall that this Court found: (i) the State
Defendants play a critical role in directing, implementing, programming, and
supporting the DRE system throughout the State, (ii) the Secretary of State has
the authority and obligation under Georgia law to take appropriate corrective
action in connection with the continued use of the DRE system, and (iii) the State
Defendants are in a position to redress the Plaintiffs’ injury because the
requested injunctive relief as to the suspended use of the DRE voting system
would enjoin both the State Defendants as well as counties required to use the
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