The judge who ordered Georgia officials on Nov. 29 not to wipe or reset voting machines has scheduled the next hearing in the case for Dec. 4.
U.S. District Judge Timothy Batten Sr., a George W. Bush appointee, issued three emergency orders on Nov. 29, initially ordering officials to hold off on taking action regarding the machines before reversing his order and then reestablishing the first order.
In a Nov. 30 order, Batten said his final decision on Nov. 29 partially granting the defendants’ motion “involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.”
The order enables defendants to appeal the temporary ruling to the 11th Circuit Court of Appeals.
Defendants were ordered to file their brief by Dec. 2 while any reply brief will be due Dec. 3.
In a third filing, defendants said Charlene McGowan, Georgia’s assistant attorney general, will be appearing on behalf of the defendants, which include Gov. Brian Kemp, Secretary of State Brad Raffensperger, and state Election Board members…
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