Major Pending Election Cases
This is a list of pending election law litigation cases that Election Law at Moritz is currently monitoring.
Crossey v. BoockvarCase Page - last updated on September 19, 2020 (10:47 PM)
Plaintiffs are challenging the delivery requirements of absentee voting during the time of coronavirus pandemic.
Initial Petition filed 4/30/20. Memorandum Opinion 6/2/20. Recommended Findings of Fact and Conclusions of Law filed 9/4/20.
Priorities USA v. NesselCase Page - last updated on September 19, 2020 (10:24 PM)
Plaintiffs challenge Michigan's Voter Transportation Ban and Absentee Ballot Organizing Ban, arguing that the bans violate the First and Fourteenth Amendments.
Order Granting Motion to Intervene 5/22/20.
A. Philip Randolph Institute of Ohio v. LaRoseCase Page - last updated on September 19, 2020 (10:01 PM)
Whether Ohio Secretary of State LaRose's directive limiting each Ohio county to a single secure drop box for absentee applications and ballots in the 2020 election violates the fundamental right to vote under the First and Fourteenth Amendments, and the Equal Protection Clause of the Fourteenth Amendment.
Motion for Preliminary Injunction filed 9/4/20. Order Granting Motion to Intervene of Donald J. Trump for President et al filed 9/15/20.
Daunt v. BensonCase Page - last updated on September 14, 2020 (9:52 PM)
Plaintiff is alleging under the NVRA that there are voters improperly included across multiple counties in Michigan and asserts that a verification of the voter rolls is required.
Complaint filed 6/9/20.
Arizona Democratic Party v. HobbsCase Page - last updated on September 14, 2020 (9:43 PM)
Plaintiffs challenge the validity of Arizona's practice of not providing a cure opportunity for up to five days after election day for otherwise valid mail ballots that have no signature.
Plaintiffs' Reply in Support of Motion for Preliminary and Permanent Injunction filed 8/10/20.
Ebenezer Baptist Church v. RaffenspergerCase Page - last updated on September 14, 2020 (9:36 PM)
Whether the Secretary of State's office and the state election board systematically blocked minority voters from the polls in the Nov. 6th election.
Motion for Summary Judgment Filed 6/29/20.
New Georgia Project v. RaffenspergerCase Page - last updated on September 14, 2020 (9:24 PM)
Due to the issues presented by the coronavirus pandemic, the plaintiffs are challenging four election policies that they argue risk disenfranchising thousands of Georgia voters:
(1) the lack of standards governing the process for notifying voters regarding incomplete absentee ballot applications;
(2) the failure to provide prepaid postage on absentee ballots;
(3) the rejection of absentee ballots received after 7:00 p.m. on Election Day; and
(4) Georgia’s prohibition on third-party assistance for absentee ballots.
Plaintiffs' Motion for Preliminary Injunction 6/10/20. Order granting in part and denying in part plaintiffs' motion for preliminary injunction filed 8/31/20. State's motion to stay filed 9/4/20. Notice of Appeal filed 9/9/20.
Trump v. CegavskeCase Page - last updated on September 14, 2020 (9:10 PM)
Whether recent legislative changes to Nevada's election procedures, including the acceptance of ballots received after Election Day, violate federal election statutes as well as the Supremacy and Equal Protection Clauses of the U.S. Constitution.
Defendant Secretary of State Barbara Cegavske's Motion to Dismiss 8/24/20.
League of Women Voters of Ohio v. LaRoseCase Page - last updated on September 14, 2020 (8:58 PM)
Plaintiffs are bringing this action to stop local Board of Elections from disqualifying absentee ballot applications and ballots due to signature mismatching.
Complaint filed 7/31/20. Motion for Preliminary Injunction filed 8/24/20.
Jacobson v. LeeCase Page - last updated on September 14, 2020 (8:49 PM)
Plaintiffs challenge Florida's law mandating that candidates of the political party of the Governor be listed first on the ballot, alleging that it gives an unfair advantage.
Opinion Issued by Court 4/29/20. Petition for Rehearing En Banc (With Panel Rehearing) Filed by Appellees 5/20/20.
Trump v. BoockvarCase Page - last updated on September 9, 2020 (10:13 PM)
Plaintiffs seek an order, declaration, and/or injunction that prohibits Defendants from permitting the return of absentee and mail-in ballots to locations other than the offices of the county boards of elections as prescribed by the Pennsylvania Election Code. Plaintiffs assert that votes are at risk of being canceled by fraud or diluted by a single person voting multiple times.
Opinion abstaining from ruling on motion to dismiss under Pullman pending clarification of unsettled state law issues in related state court litigation, and staying the case 8/23/2020. Answer to Amended Complaint 8/27/2020. Plaintiffs' Motion to Modify Stay Order 8/28/2020.
Anderson v. RaffenspergerCase Page - last updated on September 9, 2020 (10:01 PM)
Plaintiffs filed complaint in response to the long lines and waiting times experienced by Georgia voters during the primary due to closure and consolidation of polling locations and inadequate election equipment and training.
Complaint filed 8/6/20. Motion for Preliminary Injunction filed 9/1/20. Defendants' Motions to Dismiss filed 9/8/20.
Lewis v. HughsCase Page - last updated on September 9, 2020 (9:53 PM)
The lawsuit challenges the constitutionality of the following provisions in the context of the current COVID-19 crisis: (1) the requirement that voters pay for the postage to return their early voting ballots by mail; (2) the requirement that returned ballots be postmarked no later than 7:00 p.m. on Election Day and received by the county at the address designated on the ballot carrier envelope no later than 5:00 p.m. on the day after the election to be counted; (3) the requirement that voters must submit two handwriting samples that “match”—a standard determined by election officials— in order to have their early voting ballots counted; and (4) the criminalization of a person assisting a voter in returning a marked mail ballot.
Order Denying Motion to Dismiss, or Alternatively, for a More Definite Statement filed 7/28/20.
Democracy North Carolina v. North Carolina State Board of ElectionsCase Page - last updated on September 9, 2020 (9:44 PM)
The Plaintiffs allege that North Carolina's 25-day registration requirement unconstitutionally burdens North Carolinians' right to vote under 42 U.S.C. § 1983, the First and Fourteenth Amendments, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.
Opinion and Order filed 8/4/20.
Black Votes Matter Fund v. RaffenspergerCase Page - last updated on September 9, 2020 (9:31 PM)
Whether the requirement of paid postage for absentee voting constitutes the establishment of a poll tax and thus violates constitutionally-protected voting rights
Order and Opinion 8/11/20. Plaintiffs' Unopposed Motion to File Second Amended Complaint 8/24/20.
People First of Alabama v. MerrillCase Page - last updated on September 9, 2020 (9:15 PM)
In light of the COVID-19 pandemic, Plaintiffs challenge 1) the requirement that an affidavit that must be included with an absentee ballot be signed by the voter in the presence of either a notary or two adult witnesses; (2) the requirement that copies of photo identification accompany absentee ballot applications; (3) the requirement that copies of photo identification accompany certain absentee ballots; and (4) the prohibition on curbside voting. Plaintiffs assert that by not amending these policies the state is innappropriately limiting Alabama's citizens right to vote.
Consent Order 8/21/20.
S.P.S. ex rel. Short v. RaffenspergerCase Page - last updated on September 7, 2020 (10:04 PM)
Plaintiffs challenge the constitutionality of a Georgia law mandating that candidates be listed on the ballot in “descending order” based on the number of votes cast for the candidates of the political parties for Governor in the last gubernatorial election.
Plaintiffs' reply in support of thier motion for Preliminary Injunction and in opposition to Defendants' Motion to Dimiss 6/12/2020.
Judicial Watch v. PennsylvaniaCase Page - last updated on September 7, 2020 (9:31 PM)
Plaintiffs are suing to compel Defendants to comply with their alleged voter list maintenance obligations and their record production obligations under Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507.
Motion to Dismiss filed 6/10/20.
Jones v. DeSantisCase Page - last updated on September 7, 2020 (11:29 AM)
Plaintiffs challenge Florida's requirement that payment of all restitution, fees, or fines ordered by the court as part of the sentence is a condition of voting rights restoration, arguing that the requirement violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Twenty-Fourth Amendment to the United States Constitution, the Voting Rights Act, and Article VI, Section 4 of the Florida Constitution.
Order Denying Application to Vacate Stay 7/16/20.
Edwards v. VosCase Page - last updated on September 2, 2020 (9:51 PM)
Whether the decision to hold the election as conducted violated the plaintiffs' right to vote protected by the First Amendment, Fourteenth Amendment, 42 U.S.C. § 1983, Section 2 of the Voting Rights Act, and the voting provisions of the Americans with Disabilities Act
Motion for Preliminary Injunction by Plaintiffs 7/8/20. This case was consolidated with DNC v. Bostelmann and Gear v. Knudson. All updates will be uploaded under DNC v. Bostelmann.
Arizona Republican Party v. Democratic National CommitteeCase Page - last updated on September 2, 2020 (9:36 PM)
Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.
Whether an Arizona law prohibiting individuals from collecting the early ballots of others (aka "ballot harvesting") violates the Voting Rights Act. the Fourteenth Amendment, and the First Amendment because it disproportionately and adversely impacts minorities, unjustifiably burdens the right to vote, and interferes with freedom of association.
9th Circuit Opinion finding Voting Rights Act violation filed 1/27/20. State's Motion for Stay Granted by 9th Circuit 2/11/20. Petition for Writ of Certiorari filed 4/27/20. Brief of Respondent filed 6/1/2020. Reply of Petitioner Arizona Republican Party filed 7/29/2020.
Drenth v. BoockvarCase Page - last updated on September 2, 2020 (9:20 PM)
Plaintiffs allege that Pennsylvania's absentee and mail-in ballot proccess is inaccessible to those Pennsylvanians who are blind and thus unconstitutionally deprives these voters of their right to vote.
Order Granting Motion for Temporary Restraining Order or Preliminary Injunction filed 5/27/20. Order granting Plaintiff's Motion to Supplement the Record 8/14/20.
Democratic National Committee v. BostelmannCase Page - last updated on September 2, 2020 (9:18 PM)
Whether Wisconsin's procedures for registering to vote and absentee voting violate due process
Defendants' Motion to Dimiss 5/27/2020. Plaintiffs' Motion for Preliminary Injunction 7/8/2020.
League of Women Voters of Michigan v. BensonCase Page - last updated on September 2, 2020 (8:56 PM)
Whether Michigan's requirement that election officials reject absentee ballots that arrive at the clerk's desk after election day is still valid under the amendment to the state constitution giving every voter the right to submit an absentee ballot—by mail or in person at the voter’s choosing—at any point in the 40 days preceding an election
Michigan Court of Appeals Opinion filed 7/14/20. Application for Leave to Appeal Denied by Michigan Supreme Court 7/31/20. Motion for Reconsideration of Denial of Application for Leave to Appeal 8/17/2020.
Nielsen v. DeSantisCase Page - last updated on August 29, 2020 (10:24 PM)
Plaintiffs are arguing that Florida's handling of the election during the pandemic is improper due to Florida’s failure to provide prepaid postage for vote-by-mail ballots, its requirement that vote-by-mail ballots be received by 7 p.m. on Election Day, and its prohibition on the use of paid organizers to assist voters with collecting ballots.
Miami-Dade Defendants' Answer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint 7/6/20.
Gary v. Virginia Department of ElectionsCase Page - last updated on August 28, 2020 (9:01 PM)
To implement an accessible Absentee Voting Program to accommodate individuals with print disabilities.
Plaintiff's Motion for Preliminary Injunction filed 8/20/20.
Hoffard v. CochiseCase Page - last updated on August 28, 2020 (8:50 PM)
Plaintiffs challenge Cochise County's policy barring the use of curbside voting during elections as being in violation of Section 2 of the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Arizona Civil Rights Act.
Complaint filed 6/3/20.
Gilby v. HughsCase Page - last updated on August 28, 2020 (8:44 PM)
Plaintiffs challenge HB 1888, which they argue effectively bans temporary or "mobile" early voting sites by requiring that every early voting location operate for eight hours each weekday and stay open for the same number of weekdays as the main early voting location in the county. Plaintiffs argue that this is a violation of the First, Fourteenth, and Twenty-Sixth Amendments.
Motion to Dismiss Granted in Part, Denied in Part filed 8/11/20. Texas Secretary of State's Notice of Appeal filed 8/14/20.
The Andrew Goodman Foundation v. BostelmannCase Page - last updated on August 24, 2020 (9:33 PM)
Plaintiffs challenge Wisconsin's Student Voter ID Restriction on grounds that it violates the 26th Amendment.
Complaint filed 11/19/19. Opinion and Order 8/20/20. First Amended Complaint for Declaratory And Injunctive Relief 8/21/20. Stipulation of Dismissal 8/24/20.
League of Women Voters of Pennsylvania v. BoockvarCase Page - last updated on August 15, 2020 (12:01 PM)
Complaint filed regarding Pennsylvania's signature verification procedures for mailed in ballots.
Complaint filed 8/7/20.
Gallagher v. New York State Board of ElectionsCase Page - last updated on August 7, 2020 (8:49 PM)
Plaintiffs filed complaint in response to their absentee ballots being invalidated due to lacking a timely USPS postmark.
Opinion and Order filed 8/3/20.
League of Women Voters of Virginia v. Virginia State Board of ElectionsCase Page - last updated on August 3, 2020 (5:45 PM)
Plaintiffs are challenging Virginia's witness and signature requirement for absentee voting.
Motion for Preliminary Injunction filed 7/24/20.
Gear v. KnudsonCase Page - last updated on August 3, 2020 (5:00 PM)
Plaintiffs challenge how the state of Wisconsin administers its elections, alleging that current procedures disenfranchise Wisconsin voters in violation of their constitutional rights.
Reply Briefs filed in support of Plaintiffs' Motion for Preliminary Injunction and in opposition to the Defendants' Motion to Dimiss 7/31/20. This case has been consolidated with DNC v. Bostelmann and Edwards v. Vos. All updates will be uploaded to the DNC v. Bostelmann page.
Swenson v. BostelmannCase Page - last updated on August 3, 2020 (5:00 PM)
Plaintiffs are suing to obtain an order requiring Defendants to administer impending elections in a manner that will not, as Plaintiffs contend the state did in April, violate eligible voters’ federally protected rights to participate in those elections.
Motion for Preliminary Injunction 6/24/20.
Luft v. EversCase Page - last updated on July 30, 2020 (12:46 PM)
Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.
7th Circuit opinion issued 6/29/20. Disrict Court USCA Mandate Affirming in Part, and Vacate in Part, the Judgments of the Western District 7/29/20. Motion to Intervene as Defendant by the Wisconsin Legislature 7/29/20.
Texas Democratic Party v. AbbottCase Page - last updated on July 30, 2020 (12:12 PM)
Whether Texas's voting laws in the context of the pandemic violate the Voting Rights Act and the 1st, 14th, 15th, and 26th Amendments.
Fifth Circuit opinion issued 9/10/2020.
Mecinas v. HobbsCase Page - last updated on July 11, 2020 (10:29 AM)
Whether Arizona's ballot design, which features the candidate's name vertically with the order determined based on political party, is valid under law
Order Denying Plaintiffs' Emergency Motion for Injunction Pending appeal 7/10/20.
Common Cause v. KempCase Page - last updated on June 29, 2020 (1:48 PM)
Whether Georgia's maintenance of an allegedly unsecure voter registration database violates the 14th Amendment, the Help America Vote Act, the Georgia Constitution, and Georgia statutory law
Defendant Raffensperger's Notice of Appeal as to attorney fees filed 6/26/20.
Gloria v. HughsCase Page - last updated on June 29, 2020 (1:40 PM)
Plaintiffs allege that Texas has created a system in which a substantial majority of the electorate is barred from voting by mail solely due to age.
Plaintiff's Response in Support re Order Staying Case 6/25/20.
Stringer v. CascosCase Page - last updated on June 22, 2020 (2:24 PM)
Whether Texas's administration of its online driver registration database violates the “Motor Voter” provisions of the National Voter Registration Act of 1993 and the U.S. Constitution’s guarantee of equal protection by not providing a location to change one's address for voter registration purposes when updating address for licensure reasons.
Motion to Dismiss 2/11/20.
Bruni v. HughsCase Page - last updated on June 21, 2020 (12:58 PM)
Plaintiffs challenge Texas's attempt to end straight-ticket voting, arguing that it will unjustifiably and discriminatorily burden Texans’ fundamental right to vote.
Motion to Dimiss Amended Complaint/Counterclaim/Crossclaim filed 4/10/20.
Voto Latino Inc. v. HobbsCase Page - last updated on May 28, 2020 (1:07 PM)
Whether Arizona's deadline for voters to submit their early ballots by mail is constitutional
Complaint filed 11/26/19. Order postponing hearing 5/20/20.
Texas Democratic Party v. HughsCase Page - last updated on May 28, 2020 (12:46 PM)
Plaintiffs are asking for a relaxing of the vote by mail requirements to allow any eligible voter, regardles of age and physical condition, to request, receive and have counted, a mail-in ballot if they believe they should practice social distancing.
Plaintiffs' original petition and application for temporary injunction 3/20/20. Notice of interluctory appeal 4/17/20.
Georgia Coalition for the Peoples' Agenda v. RaffenspergerCase Page - last updated on May 27, 2020 (12:52 PM)
Whether Georgia's exact-match voter registration protocol violates the Voting Rights Act and the National Voter Registration Act, as well as the First and Fourteenth Amendments
Order granting consent motion to modify scheduling order filed 3/17/20.
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