A federal judge presiding over a major election lawsuit in Georgia on Nov. 29 issued and then reversed an order directing the state to cease and desist wiping or resetting election machines.
“Defendants are ordered to maintain the status quo & are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the court,” U.S. District Judge Timothy Batten Sr. wrote in an emergency order issued Nov. 29.
The judge reversed the order not long after, explaining that the defendants aren’t in possession of the machines.
“Plaintiffs’ request fails because the voting equipment that they seek to impound is in the possession of county election officials. Any injunction the Court issues would extend only to Defendants and those within their control, and Plaintiffs have not demonstrated that county election officials are within Defendants’ control. Defendants cannot serve as a proxy for local election officials against whom the relief should be sought,” the judge wrote.
