United States v. State of Georgia, No. 13-14065 (11th Cir. 2015)

The Military and Overseas Voter Empowerment Act (UOCAVA), Pub. L. No. 111-84, Subtitle H, 575-589, 123 Stat. 2190, 2322, amended the Uniformed and Overseas Citizen Absentee Voting Act of 1986, 42 U.S.C. 1973ff. The UOCAVA now requires a state, absent a hardship waiver, to transmit an absentee ballot to the voter "not later than 45 days before the election[.]" Georgia and Alabama appealed the district court's grant of preliminary injunctive relief, summary judgment, and permanent injunctive relief in a suit brought by the United States against Georgia and Alabama. The district court ruled that the 45-day transmittal requirement applies to runoff elections for federal office, and that the runoff election schemes in these two states violated UOCAVA. After the district court had issued its ruling and after the briefs in this appeal were filed, the Georgia Legislature passed H.B. 310, which in relevant part amends Georgia's election calendar and voting procedures to comply with the 45-day transmittal requirement. In light of H.B. 310, the court dismissed Georgia's appeal as moot.