The first major lawsuit that was filed in Georgia to contest the 2020 election, by Lin Wood a week after the election to try and stop the state from certifying its results, was dismissed for a second time on Saturday.
The 11th Circuit U.S. Court of Appeals, in Atlanta, issued a unanimous 3-0 ruling affirming a ruling in the lower U.S. District Court for the Northern District of Georgia tossing the lawsuit.
The court determined that Wood’s original request for relief – an injunction against Sec. of State Brad Raffensperger from certifying the election results – was now moot, because the results are certified.
From Judge William Pryor’s unanimous opinion:
This appeal requires us to decide whether we have jurisdiction over an
appeal from the denial of a request for emergency relief in a post-election lawsuit.Ten days after the presidential election, L. Lin Wood Jr., a Georgia voter, sued state election officials to enjoin certification of the general election results, to secure a new recount under different rules, and to establish new rules for an upcoming runoff election. Wood alleged that the extant absentee-ballot and recount procedures violated Georgia law and, as a result, his federal constitutional rights.
After Wood moved for emergency relief, the district court denied his motion. We agree with the district court that Wood lacks standing to sue because he fails to allege a particularized injury. And because Georgia has already certified its election results and its slate of presidential electors, Wood’s requests for emergency relief are moot to the extent they concern the 2020 election. The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts.
We affirm.