Dechert Partners With ACLU, SPLC to Protect Voting Rights in Cobb County, Georgia

After Board Of Elections fails to send out 1,000 absentee ballots, team secures consent order ensuring that hundreds of Cobb County voters can still vote

On the evening of Sunday, November 6, the American Civil Liberties Union, the ACLU of Georgia, the Southern Poverty Law Center and Dechert LLP (on a pro bono basis) filed a lawsuit seeking emergency relief so that hundreds of Cobb County absentee voters would have enough time to cast their votes, after county officials failed to send their ballots.

On Friday evening, November 4, Cobb County election officials had acknowledged that ballots had not been mailed to more than 1,000 voters who properly requested them weeks earlier. The ACLU and SPLC teams immediately sprang into action, and on Saturday morning reached out to Dechert partner Angela Liu to request that Dechert join as co-counsel on a pro bono basis for an emergency filing. The three teams have a long history of collaborating on voting rights litigation, which enabled them to divide responsibilities seamlessly and efficiently.

By Sunday evening, the groups had filed a complaint on behalf of a cross-section of Cobb voters - ranging from college students who would have had to make 800+ mile round trip drives to vote in person to a woman caring for elderly mother in California - along with a motion for temporary restraining order supported with numerous voter affidavits seeking to ensure that all affected voters would have an opportunity to cast a vote that was counted.

Dechert litigation partner Neil Steiner emphasized the non-partisan nature of the effort. When asked by The American Lawyer whether the votes in question would be enough to swing the outcome of the election in Georgia, Steiner explained that the case was about the fundamental right of all citizens to vote and have their vote counted; the electoral outcome is “not really our concern.”

Within hours of filing, the parties had their requested relief, in the form of this consent agreement that entitled all affected voters to overnighted ballots, which they could still mail in provided they were postmarked by 7 p.m. on November 8 and received by November 14. Voters were also given the option to either vote in person or use an emergency federal absentee write-in ballot, if they would prefer or if they had not timely received a ballot from Cobb County.

Liu summed up the win: "We are proud of our teamwork and swift action, and thrilled with the consent judgment. Under the circumstances, it provided the best opportunity for all of the affected voters to be able to cast a ballot in the election and to have their votes counted."

In addition to Steiner and Liu, the Dechert pro bono litigation team on this matter included associates Stefanie Tubbs and Christopher Merken.

Dechert has a long history of vigorously advocating for voting rights through its pro bono work, and for providing pro bono legal services to individuals and organizations who cannot otherwise afford legal counsel. This commitment exists in all of Dechert’s 22 offices in the United States and internationally. Each year, the firm handles hundreds of pro bono matters,  covering a broad range of issues, including civil rights, international human rights, child advocacy, veterans, prisoner civil rights, landlord tenant, access to public benefits, immigration, criminal law and the representation of nonprofits, small businesses and social enterprises. This year, Dechert was again ranked by The American Lawyer among the ten top firms for pro bono both in the United States and internationally.

About Dechert
Dechert is a leading global law firm with 22 offices around the world. The firm advises on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.