A federal judge on Monday morning tossed a temporary restraining order filed the evening before by attorney and Fulton County, Georgia voter Lin Wood seeking to block potentially fraudulent activities in the U.S. Senate runoff elections.
Atlanta Federal Judge Timothy C. Batten Sr. of the U.S. District Court for the Northern District of Georgia’s Atlanta Division made the decision, calling Wood’s claim “speculative.”
Even if Wood could demonstrate a particularized injury through either his theory of vote dilution or disparate treatment, his claims are far too conclusive and speculative to satisfy Article III’s “concreteness” requirement.
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Wood tweeted, “Atlanta Federal Judge Timothy C. Batten, Sr. dismissed my GA lawsuit this morning at 11:12 am after I filed 270 pages of fraud evidence yesterday at 6 pm. 20 page order. He must have been working on order for days or he is quicker than FBI in Nashville!
Atlanta Federal Judge Timothy C. Batten, Sr. dismissed my GA lawsuit this morning at 11:12 am after I filed 270 pages of fraud evidence yesterday at 6 pm.
20 page order. He must have been working on order for days or he is quicker than FBI in Nashville!https://t.co/igrljGf3dt
— Lin Wood (@LLinWood) December 28, 2020
In short, Batten ruled that Wood did not have standing to file the restraining order.
Wood filed the restraining order against Secretary of State Brad Raffensperger and the members of the Georgia State Election Board. The Democratic Party of Georgia and DSCC intervened in the case.
Wood is a registered voter in Fulton County who plans to vote in the January 5, 2021 runoff election in-person. He seeks to prevent the runoff from proceeding, arguing that “Defendants are conducting it in a ‘Manner’ that differs from and conflicts with the election scheme established by the State Legislature.” He contends that three aspects of Defendants’ election scheme unconstitutionally contravene the Georgia legislature’s prescribed election procedures:
1. signature verification for absentee ballots;
2. processing of absentee ballots prior to January 5; and
3. installation of ballot drop boxes.
The judge’s denial form said that Wood asked for: “a declaration that Defendants’ senatorial runoff election procedures violate his rights to due process, equal protection, and the guarantee of a republican form of government; a preliminary and permanent injunction prohibiting Defendants’ election procedures in the runoff; an order requiring Defendants to “cure their violation”; and an order that Wood have access to absentee ballot mail-in envelopes received and/or processed thus far and access to view and verify the signatures against those on file.”
Raffensperger proclaimed victory over the denial of Wood’s restraining order. He said on Facebook that he “prevailed in another lawsuit seeking to overturn Georgia law.”
Also on Monday, Wood tweeted, “Judge Timothy Batten, DID ignore massive evidence of fraud. Just like other courts & MSM have done. Do they think We The People do not know evidence of fraud exists? Do they think we are ignorant? No hearing allowed. Darn, I was going to discuss “Sunset” surveillance program.”
Judge Timothy Batten, DID ignore massive evidence of fraud. Just like other courts & MSM have done. Do they think We The People do not know evidence of fraud exists? Do they think we are ignorant?
No hearing allowed. Darn, I was going to discuss “Sunset” surveillance program. https://t.co/sk3hbwUyqw
— Lin Wood (@LLinWood) December 28, 2020
Earlier this month, Wood sued the state of Georgia, saying the state is violating the U.S. Constitution and Georgia law in its handling of next month’s runoff elections, Just the News reported. Wood claims in the Atlanta district court filing, in part, that Raffensperger has broken Georgia law by his alleged “unlawful abrogation of the Georgia legislature’s statutory mail-in absentee ballot signature verification procedure.”
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Jason M. Reynolds has more than 20 years’ experience as a journalist at outlets of all sizes.
