1. Fair Fight, Inc.

Plaintiff Fair Fight, Inc. is a national organization that focuses its voter empowerment work primarily in Georgia. Tr 43:14-44:8. At trial, Fair Fight had its current executive director (and prior managing director), Cianti Stewart-Reid, testify as its representative, largely for purposes of establishing the organization’s standing in this case. Tr. 43:7–13. The Court makes the following factual determinations with regard to Fair Fight, Inc.’s activities, perceptions, and responses to Defendants—namely True the Vote—in this case.

In the 2020 general election, Fair Fight engaged in its typical voter empowerment work. Tr. 47:16–48:1. When Georgia’s Senate races went to a runoff, Fair Fight sought to continue its efforts leading up to the Senate runoff election. Tr. 48:2–25. However, Fair Fight instead redirected its actions to responding to TTV’s anticipated actions (which it discovered through TTV’s online press releases) of offering of a “bounty” for reports of voter fraud, establishing a voter fraud hotline, monitoring absentee drop off ballot boxes, and announcing “hundreds of thousands of voter challenges” to be made under Georgia law, Section 230. Tr. 49:1–15; PX 35, PX 42. Fair Fight perceived these activities to be “frightening and threatening.” Tr. 51:5.

In particular reference to the Section 230 voter challenges, Fair Fight’s concern centered on the proximity of the challenges to the election and the “vast number” of challenges made. Tr. 52:10–17. Fair Fight received calls from challenged voters who “felt this activity was threatening.” Tr. 52:20–22. In response, Fair Fight sought to obtain the lists of challenged voters and contact these voters to provide resources and support.6 Tr. 52:25–54:25. In the period between the 2020 general and Senate runoff elections, Fair Fight continued to monitor True the Vote’s activities (Tr. 53:21–25) and provided support to county Boards of Elections for the mass challenges (Tr. 59:5–10).

Fair Fight utilized several existing teams and volunteers who otherwise would have been doing voter empowerment work, conducting election research, and contacting voters. Tr. 55:1–58:24. As a consequence, Fair Fight was not able to engage in its ordinary work leading to the Senate runoff election in the way it intended. Tr. 57:23–58:2

Since the 2020 runoff election, Fair Fight has “formalized” its response to TTV in a program named “Democracy Watch,” which sends volunteers to counties to advocate for increased voting opportunities and to be able to anticipate voter challenges. Tr. 62:16–17. It also has been monitoring True the Vote’s activities, in particular a program named “IV3” which Fair Fight expects to facilitate more voter challenges in the future. Tr. 63:11–64:1.

As a factual matter, the Court found Stewart-Reid’s testimony on behalf of Fair Fight to be credible. The Court considers and will weigh her testimony accordingly in rendering its legal conclusions.