conclusion that sufficient illegal votes were cast to change or place in doubt the result of the election.
Fifth, and finally, the Court finds that Plaintiff’s complaint is moot. The results of the November 3, 2020 election have been certified by Secretary of State and the Governor as required under the Georgia Election Code, and then re-certified, and the certificate of ascertainment has been transmitted to the Archivist of the United States. Moreover, the Supreme Court of the United States has cautioned courts against jeopardizing a state’s ability to meet the federal “safe harbor” deadline in 3 U.S.C. § 5. See Bush v. Gore, 531 U.S. 98, 110 (2000) (per curiam) (explaining that “safe harbor” provision “requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by [the safe harbor date].”); see also id. at 114 (Rehnquist, C.J., concurring) (“[W]e must ensure that postelection state-court actions do not frustrate the legislative desire to attain the ‘safe harbor’ provided by § 5.”). Because the November 3, 2020, election has been certified and because the mechanism available to challenge said certification is no longer available, the Court finds that Plaintiff’s action is moot because the relief which he seeks in his Complaint is not available.
Accordingly, for the forgoing reasons, the motions to dismiss by the State Defendants and the Intervenor-Defendants are granted and Plaintiff’s Complaint is dismissed. In light of this, proposed Intervenor-Plaintiff Shawn Still’s motion to intervene as a plaintiff is denied as moot.
This 8th day of December, 2020.
Judge Emily K. Richardson
Superior Court of Fulton County
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