Open in TheBrain

2. Banks County voter

The remaining voter who testified, Plaintiff Jocelyn Heredia, TTV challenged in Banks County through volunteer challenger, Jerry Boling. PX 49; Tr. 1026:23–1027:1 (admitting that TTV and Boling worked together to challenge voters in Banks County).

The Court does not find that a challenge to Heredia’s voting eligibility, however, was unreasonable. Heredia had lived in three different apartments—and had worked—in Atlanta for the three years prior to voting in Banks County in the Senate runoff election. While Heredia testified compellingly that in 2020 she was still spending a lot of time in Banks County and would have considered herself to be living in both Atlanta and Banks County (see, e.g., Tr. 547:5–14, 572:7–9), the Court finds that there was a reasonable question about her residency for purposes of voting in the 2020 elections. Heredia even admitted to as much herself. Tr. 591:19–592:7. Moreover, beyond the Section 230 challenge made against her, Heredia testified to not having any contact or communications with Defendants or their volunteer challenger in Banks County. Tr. 582:24–583:4.

Thus, as far as TTV’s Section 230 challenge of Heredia, the Court finds the evidence overall supports a challenge to her voting eligibility. Plaintiffs have notably not challenged the constitutionality of Section 230, and thus the Court would be remiss to say that a challenge to Heredia was outside the scope of Georgia law.