On July 17, U.S. District Court Judge Richard W. Story dismissed the lawsuit Green Party of Georgia v Kemp, before the state had even filed its Answer to the Complaint. The Green and Constitution Parties immediately filed for reconsideration, but three months later, that request for reconsideration is still pending. It is unusual for requests for reconsideration to be pending more than a month or so. The case challenges the Georgia procedures for minor party and independent presidential candidates to get on the ballot.

Judge Story had dismissed the case without seeming to even notice that the precedents he relied on do not pertain to presidential candidates. Both the U.S. Supreme Court (in Anderson v Celebrezze) and the 11th circuit (in Bergland v Harris) had previously ruled that ballot access for presidential candidates involves a different set of standards.