Page:Pearson v. Kemp (20-14480) (2020) Decision.pdf/2

 we have jurisdiction to review? Because the answer to that question is “no,” we must dismiss this appeal for lack of jurisdiction and allow the proceedings to continue in the district court.

The plaintiffs in this case are a group of Presential Electors from Georgia. On the Wednesday before Thanksgiving, they sued Georgia’s Governor, its Secretary of State, and other defendants. They asserted that Georgia’s certified 2020 Presidential Election results were suspect because of alleged vulnerabilities in Georgia’s election machines and alleged mathematical and statistical anomalies in the vote count. Two days later—the Friday after Thanksgiving—the plaintiffs filed a motion for injunctive relief, seeking (1) a temporary restraining order preventing the defendants from erasing or altering forensic data on voting machines, (2) an injunction de-certifying the Presidential election results, or alternatively a stay in the delivery of the certified results to the Electoral College, and (3) an injunction making the voting machines available to the plaintiffs for forensic analysis.

The district court took the complaint and motion seriously and, on Sunday night, held a hearing on the plaintiffs’ motion via Zoom. There, the plaintiffs’ counsel explained that the evidence the plaintiffs hoped to collect from Georgia’s voting machines might be permanently lost if the defendants were not immediately enjoined from altering the machines, since those machines needed to be recalibrated