Court Cases

In January 2026, the FBI executed an unprecedented search warrant on Fulton County, Georgia, seizing ballots, ballot images, tabulator tapes, voter rolls, and other records from the 2020 election. The seizure was based on allegations of irregularities in Georgia's results that have been repeatedly investigated and litigated, all of which have been conclusively rejected in a variety of forums. Fulton County filed emergency motion seeking the return of the documents. The County seeks the return of the original records, with the federal government retaining any copies. Georgia First, a cross-partisan group dedicated to protecting Georgia elections from partisan politics and gamesmanship, filed an amicus brief in support of the County's efforts. The brief presents the important interests of voters that are at stake, including in the sensitive personal data captured in the seized records and in the finality of elections. The brief urges the court to order the return of the records and to impose meaningful oversight over the federal government's use of the records. Georgia First is represented by the ACLU's Voting Rights Project, the ACLU of Georgia, and Garland, Samuel, and Loeb, P.C.

On December 18, 2025, DOJ sued Georgia, seeking the release of the state's unredacted voter file, which includes voters' full names, dates of birth, residential addresses, driver's license numbers, and the last four digits of voters' Social Security numbers. DOJ claims—without merit—that this disclosure is compelled by the Civil Rights Act of 1960, a law passed to ensure Black voters in the Jim Crow South were able to register to vote. DOJ's lawsuit is one of twenty-five such cases that it has brought recently against states, as part of its efforts to create a national voter database without congressional authorization. Less than a week after DOJ filed its suit in Macon, Georgia, we filed a motion to intervene and an accompanying motion to dismiss on behalf of Common Cause, its members, and a registered Georgia voter who is a naturalized citizen. The court dismissed the DOJ's suit because the DOJ had brought it in the wrong federal district court, adopting a position we urged in our intervention papers. On January 23, 2026, the DOJ re-filed its suit in Atlanta, and we moved to intervene and to dismiss again. On January 30, the court granted intervention. The intervenors are represented by the ACLU Voting Rights Project, the ACLU of Georgia, and the Southern Poverty Law Center.

SB 63 makes cash bond mandatory for dozens of charges, most of them misdemeanors. When a person is arrested and accused of such an offense, SB63 forces a judge to set a cash bond—leaving that person incarcerated until they can pay to get bailed out of jail. Prior to the enactment of SB63 in July 2024, judges could consider critical factors such as a person’s strong family connections and community ties, employment record, and a history of following court requirements – factors that demonstrate a person’s ability to be safely released under less restrictive conditions. As a result, thousands of people have been incarcerated pretrial across the state of Georgia, simply because of poverty. When we filed our lawsuit, named Plaintiff Sierrah Coronell had been incarcerated for 77 days because she cannot afford to pay her $600 cash bond. As directed by SB 63, the judge was not permitted to consider whether any release conditions other than cash bond would reasonably ensure her appearance in court and the safety of the public. Ms. Coronell, the mother and primary caregiver of 5 children ages 3, 5, 7, 10, and 15, has been unable to care for her children and was forced to miss her eldest daughter’s 15th birthday as a result of her incarceration. Coronell, et al., v. Georgia, filed in Fulton County Superior Court, asks the Court to strike down SB63 as unconstitutional. The lawsuit is filed on behalf of people denied an individual determination of bail and Women on the Rise, a grassroots organization led by formerly incarcerated women that advocates for ending cash bail and pretrial incarceration.