a. Gamaliel Turner

Plaintiffs called Gamaliel Turner as non-Party voter who had been challenged under Section 230 before the Senate runoff election. Turner is a 70-year old veteran who grew up in Georgia and has resided in Muscogee County for many years. Tr. 188:14–15, 191:18–193:4. In Muscogee County, he owns property, holds a driver’s license, registers his cars, and pays property taxes. Tr. 193:5–17. Since 2019, however, Turner has taken several consecutive one-year contract positions with the Navy Construction Group in California.29 Tr. 193:18–194:1. As was true when he took the contract position, Turner intends and has always intended to return to Muscogee County. Tr. 194:11–16. He has never considered California to be his home, and in fact has set his resignation from his California contract position effective April 1, 2024. Tr. 197:8–198:7. For this job, Turner has leased an apartment in California, admittedly resides there, and lists his California address as his residence on various public websites and social media accounts.30 Tr. 241:2–3, 244:7–246:24. He admits if a “reasonable person” did not know him that he or she may assume that he had moved to California. Tr. 247:5–24. Turner maintains, however, that for official purposes he is a resident of Muscogee County. Tr. 251:24–252:5.

Turner votes at every opportunity presented. Tr. 199:2–3. In 2020, he voted in the primary election, the general election, and the runoff election by absentee ballot. Tr. 200:2–15. Before the Senate runoff election, however, Turner noticed that everyone he knew had received their absentee ballots while he had not yet received his. Tr. 201:4–10. He called Muscogee County’s registrar and was informed that his vote had been challenged. Tr. 201:11–17. In response, he filed a lawsuit to ensure his ballot was cast and that he was given the opportunity to vote. Tr. 202:12–19. Turner testified that it was Alton Russell who challenged his voting eligibility in 2020.31 Tr. 316:9–12. Turner has no admissible evidence, however, connecting Russell to the Defendants in this case. Tr. 320:1–12.

Turner’s voting eligibility had not been challenged prior to the Senate runoff election. Tr. 203:25–204:2. He described his response as: “Anguish. Confusion. [P]ossible PTSD from having to revisit the ‘60s and voting in Georgia on a personal level.” Tr. 202:1–3. After having grown up a Black man in the Civil Rights Era, he again became concerned and doubtful about his vote being counted. Tr. 204:10–16.

Turner understands that the Postal Service will not forward an official ballot. Tr. 215:23–216:9. He, however, maintains that he has had continual problems with getting the Muscogee County Board of Elections to get his California mailing address on file and must call every time that he needs an absentee ballot. Tr. 219:16–220:22 (testifying that he called three times to get his ballot sent and had personally given his California address to the Board of Elections). He asserts that a flaw in the process has kept him from receiving his ballot. Tr. 227:1–22.

Turner did not know any of the Defendants in this case. Tr. 234:22–24. He had never spoken to or had any statement made directly to him by Defendants Engelbrecht, Somerville, Williams, Johnson, or Cooper.32 Tr. 235:3–236:10. Turner testified that no one “terrorized” him or otherwise threatened or coerced him in his voting efforts for the 2020 Senate run off election. Tr. 302:1–9. His discomfort stems from “acceptance that the process is not working . . . [and that there is] a continued problem”—though he defined the problem as “not forward[ing] an absentee ballot” to the address on the NCOA form. Tr. 302:10–24.

The Court credits Turner’s testimony about his experience of being challenged under Section 230. Turner testified thoroughly and consistently about his experience of voting in the 2020 Senate runoff election, without contradicting himself or any documentary evidence. Thus, the Court will weigh his testimony accordingly in rendering its conclusions.