Major Pending Election Cases
This is a list of pending election law litigation cases that Election Law at Moritz is currently monitoring.
Bethune-Hill v. Virginia State Board of ElectionsCase Page - last updated on September 13, 2018 (8:34 PM)
Whether Virginia's 2012 congressional redistricting plan constitutes unconstitutional racial gerrymandering
District Court Opinion issued 10/22/15. Appellants' brief filed 9/7/16. Appellees' brief filed 10/17/16. Appellants' Reply filed 11/16/16. Supreme Court opinion issued 3/1/17. Motion for Attorney Fees filed 7/10/18. Because the Supreme Court has shown an interest in clarifying the test and because this Court’s determinations cut against the Supreme Court’s concern that an analysis be “holistic,” id. at 799, there is a likelihood that Intervenors’ appeal will be heard on the merits and will succeed; Motion to Stay filed 7/25/18.
Common Cause v. RuchoCase Page - last updated on September 13, 2018 (6:40 PM)
Whether North Carolina's 2016 Congressional Redistricting Plan violates:
(1) the First Amendment;
(2) the Due Process Clause of the Fourteenth Amendment
(3) the Equal Protection Clause of the Fourteenth Amendment
(4) Article I, Section 2 of the U.S. Constitution because representatives would allegedly not be chosen by "the people of the several states" but in effect by the majority party of the state legislature; and
(5) Article I, Section 4 of the U.S. Constitution regarding state legislatures' authority to prescribe the times, places, and manner of holding elections.
Complaint filed 8/5/16. Time to file answer extended to 10/31/16. Answer filed 3/3/17. Opinion and Order denying motion to dismiss filed 3/3/17. Parties' Proposed Findings of Fact and Conclusions of Law filed 6/5/17. Defendants' Motion for Stay filed 6/26/17. Responses to Motion for Stay filed 7/17/17. Order Denying Stay filed 8/29/17 with Memorandum Opinion filed 9/8/17. Notice of Bench Trial starting Oct. 16, 2017 filed 9/11/17. Parties' Post-Trial Briefs and Proposed Findings of Fact and Conclusions of Law filed 11/6/17. Opinion finding unconstitutional gerrymander filed 1/9/18. Emergency Motion to Stay Pending Supreme Court Review filed 1/11/18. Order granting stay filed 1/18/18. Motions to affirm by Common Cause and League of Women Voters filed 4/27/18. Reply filed 5/15/18. Order vacating judgment and remanding to District Court in light of Gill v. Whitford filed 6/25/18. Supreme Court Judgement filed 7/30/18. Memorandum Opinion of District Court: under the test set forth in Gill, at least one Plaintiff registered to vote in each of the thirteen districts in the 2016 Plan has standing to assert an Equal Protection challenge to each of those districts; court found unconstitutional gerrymandering in the opinion filed 8/28/18. Notice of Appeal to Supreme Court filed 8/31/18. Emergency Motion to Stay filed 8/31/18.
Fish v. KobachCase Page - last updated on September 6, 2018 (3:23 PM)
Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered.
Complaint filed 2/18/16. Motion for preliminary injunction filed 2/26/16. Memorandum and Order regarding preliminary injunction filed 5/17/16. Notice of Appeal filed 6/15/16. Memorandum and Order Denying Motion to Certify Class filed 7/29/16. Appellants' brief in 10th Circuit filed 7/1/16. Appellees' brief filed 7/21/16. Oral Argument held at 10th Circuit 8/23/16. Order and Judgment Affirming District Court filed 9/30/16 (full opinion forthcoming). Opinion Affirming District Court filed 10/19/16. Plaintiffs' Motion for Partial Summary Judgment on remand filed 12/22/16. Memorandum and Order Denying Plaintiffs' Motion for Partial Summary Judgment filed 5/4/17. Motion for Sanctions filed 5/22/17. Order Granting in Part and Denying in Part Motion for Sanctions filed 6/23/17. Motion for Reconsideration filed 6/29/17. Order Denying Motion for Reconsideration filed 7/5/17. Objections to Magistrate's Decision filed 7/5/17. Plaintiffs' Motion for Summary Judgment filed 7/14/17. Order Denying Objections to Magistrate's Decision filed 7/25/17. Emergency Motion for Stay filed in 10th Circuit 8/2/17. 10th Circuit Order Denying Emergency Motion filed 8/2/17. Appeal Docket in 10CCA on 5/3/18 and assigned Appeal No. 18-3094 re 526 Notice of Appeal filed 05/03/18. Findings of Fact and Conclusions of Law signed by Chief Distric Judge Julie A Robinsion filed 6/18/18. The Court awards Plaintiffs 26,214.79 in reasonable attorneys fees and expense as a sanction for the contempt found by the Court in its April Order filed 8/01/18. Notice of Appeal filed 8/31/18. APPEAL DOCKETED in 10CCA on 09/04/2018 and assigned Appeal No. 18-3186 r- Final Judgment filed by Kris W. Kobach filed 9/4/18.
Veasey v. AbbottCase Page - last updated on August 31, 2018 (11:08 PM)
Does SB 14 violate Section 2 of the Voting Rights Act, 42 U.S.C. 1973, by denying the right to vote on account of race and language minority?
Does SB 14 violate the Fourteenth Amendment of the U.S. Constitution by purposely denying minority voters equal protection for registration and voting?
Does SB 14 violate the Fifteenth Amendment of the U.S. Constitution by purposely denying minority voters the right to vote?
Does SB 14 severely burden or facially discriminate against a class of voters without a legitimate governmental interest and violate the Fourteenth Amendment of the U.S. Constitution?
Does SB 14 restrict freedom of speech and association in violation of the First Amendment of the U.S. Constitution?
Does SB 14 create a poll tax in violation of the Fourteenth and Twenty-First Amendments of the U.S. Constitution?
District Court opinion striking down voter ID law filed 10/9/14. Fifth Circuit Opinion filed 8/5/15. Petition for Rehearing En Banc filed 8/28/15. Application to Vacate Fifth Circuit Stay filed in U.S. Supreme Court 3/25/16. Order Denying Application to Vacate Stay filed 4/29/16. Fifth Circuit En Banc Opinion filed 7/20/16. Consent Motion in District Court for Entry of Temporary Remedial Order filed 7/23/16. Order Granting Consent Motion filed 7/23/16. Joint submission of agreed terms filed 8/3/16. Order Regarding Agreed Interim Plan filed 8/10/16. U.S.'s and Private Plaintiffs' Motions to Enforce Interim Remedial Order filed 9/6/16 and 9/7/16. Response to Motions to Enforce Interim Remedial Order filed 9/12/16. Order Granting Motion to Enforce Interim Remedial Order filed 9/20/16. Parties' Proposed Findings of Fact filed 11/18/16. Responses to Proposed Findings of Fact filed 12/16/16. U.S. motion to voluntarily withdraw discriminatory purpose claim filed 2/27/17. Order on remand finding violation of Voting Rights Act filed 4/10/17. Order Granting Section 2 Remedies filed 8/23/17. Notice of Appeal filed 8/23/17. Motion for Stay filed in District Court 8/24/17. Motion for Stay filed in 5th Circuit 8/25/17. District Court Order Granting Limited Stay filed 8/30/17. 5th Circuit Order Granting Stay filed 9/5/17. Revised Notice Setting 5th Circuit Oral Argument for Week of Dec. 4 filed 9/6/17. Petition for En Banc Hearing filed 9/8/17. Expedited Briefing Schedule filed 9/21/17. Order Denying Petition for En Banc Hearing filed 10/10/17. Appellant's Brief filed 10/17/17. U.S. Brief filed 10/26/17. Private Plaintiffs' Brief filed 11/7/17. Appellant's Reply Brief filed 11/20/17. Oral Argument heard 12/5/17. 2-1 Panel Opinion Rejecting Challenge to Voter ID Law filed 4/27/18. Opinion reversing District Court filed 6/19/18.
Feldman v. ArizonaCase Page - last updated on August 24, 2018 (10:52 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.
Complaint filed 4/15/16. Amended complaint filed 4/19/16. Motion for Preliminary Injunction filed 6/10/16. Motion to Dismiss filed 6/17/16. Joint Notice of Settlement Agreement as to polling place allocation issue filed 9/9/16. Order Denying Motion for Preliminary Injunction as to HB 2023 (limiting "ballot harvesting") filed 9/23/16. Notice of Interlocutory Appeal filed 9/23/16. Emergency Stay Motion filed in District Court 9/28/16. Order Denying Stay filed 10/4/16. Emergency Motion for Injunction filed in Ninth Circuit 10/4/16. Order Denying Emergency Motion for Injunction filed 10/11/16. Parties' opening briefs at Ninth Circuit filed 10/17/16. Opinion and Order Affirming District Court on "ballot harvesting" issue filed 10/28/16. Opinion and Order Affirming District Court on wrong precinct voting issue filed 11/2/16. Order Denying Injunction pending appeal on wrong precinct voting issue filed 11/4/16. En Banc Opinion and Order granting injunction against Arizona "ballot harvesting" law pending appeal filed 11/4/16. Emergency Application for Stay of Ninth Circuit Injunction filed 11/4/16. U.S. Supreme Court Order granting stay of Ninth Circuit injunction filed 11/5/16. Ninth Circuit En Banc Oral Argument scheduled for 1/17/17. Parties' supplemental briefs on mootness issue filed 12/5/16. Order rescheduling oral argument for June 2017 filed 12/13/16. Second Amended Complaint filed 12/28/16. Defendant and Intervenors motions to dismiss complaint filed 1/17/17. Order granting in part and denying in part plaintiffs' motion to dismiss complaint filed 3/3/17. State defendants' answer filed 3/17/17. Order denying intervenor defendants' motion to dismiss filed 4/13/17. Answer of Arizona Republican Party filed 4/27/17. Order denying motion to review magistrate's order compelling disclosure filed 5/10/17. Order rescheduling oral argument to week of Dec. 11, 2017 filed 5/24/17. Bill of Cost by both Arizona Republican Party and Mark Benovich Issued filed 6/1/18.
Gill v. WhitfordCase Page - last updated on August 15, 2018 (8:28 PM)
Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.
Complaint filed 7/8/15. Opinion and Order denying defendants' motion to dismiss filed 12/17/15. Opinion and Order denying defendants' motion for summary judgment filed 4/7/16. Trial briefs filed 5/16/16. Post-trial briefs filed 6/10/16. Opinion finding Assembly Districts unconstitutionally drawn filed 11/21/16. Briefs on Remedies filed 12/21/16. Opinion and Order on Remedy filed 1/27/17. Notice of Appeal to U.S. Supreme Court filed 2/24/17. Jurisdictional Statement filed 3/24/17. Amicus Briefs filed 4/24/17. Motion to Affirm filed 5/8/17. Memo in Opposition filed 5/18/17. Stay Application filed 5/22/17. Order Granting Stay filed 6/19/17. Appellants' Brief filed 7/28/17. Joint Appendix filed 7/28/17. Appellees' Brief filed 8/28/17. Many Amicus Briefs filed in Aug. and Sept. Appellants' Reply Brief filed 9/19/17. Oral Argument Transcript filed 10/3/17. Opinoin Remanding Case on Standing Grounds: under the Wisconsin Constitution, the legislature must redraw the boundaries of those distrcts following each census filed 6/18/18.
Benisek v. LamoneCase Page - last updated on August 9, 2018 (2:56 PM)
Original Issue before U.S. Supreme Court: Whether a single-judge district court can conclude that a three-judge panel is not required to hear a 28 U.S.C. § 2284 complaint, not because it is insubstantial, but because the complaint fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as determined by the court.
Current Issue: Whether the Maryland legislature's redrawing of Congressional district lines violates the U.S. Constitution.
US District Court for the District of Maryland Opinion filed on 04/08/2014. US Court of Appeals for the 4th Circuit Opinion filed on 10/07/2014. US Supreme Court Granted Petition for Writ of Cert on 06/08/2015. Oral Argument held on 11/04/15. U.S. Supreme Court Opinion filed 12/8/15. Second Amended Complaint on remand filed 3/3/16. Motion to Dismiss filed 4/20/16. Opinion and Order Denying Motion to Dismiss filed 8/24/16. Answer to Amended Complaint filed 9/7/16. Plaintiffs' Motion for Preliminary Injunction filed 5/31/17. Joint Status Report filed 6/2/17 and 6/30/17. Defendants' Cross-Motion for Summary Judgment filed 6/30/17. Memorandum Opinion Denying Plaintiffs' Motion for Preliminary Injunction filed 8/24/17. Order Entering Stay filed 8/24/17. Notice of Appeal to U.S. Supreme Court filed 8/25/17. Jurisdictional Statement filed 9/1/17. Motion to Expedite filed 9/1/17. Order Denying Motion to Expedite filed 9/13/17. Motion to Affirm filed 10/31/17. Brief in Opposition to Motion to Affirm filed 11/13/17. Order postponing further consideration of jurisdiction question until hearing of case on merits filed 12/8/17. Appellants' Brief filed 1/22/18. Appellees' Brief filed 2/21/18. Supreme Court Judgment affirming district court decision denying preliminary relief filed 6/18/18.
North Carolina State Conference of the NAACP v. The North Carolina State Board of ElectionsCase Page - last updated on August 9, 2018 (2:11 PM)
Whether the North Carolina and County Boards of Elections cancellation of the voter registrations of thousands of North Carolina voters, based on a single piece of undeliverable mail, in the final weeks and months before Election Day violates that National Voter Registration Act and other federal laws.
Complaint filed 10/31/16. Order granting preliminary injunction filed 11/4/16. Answer of NC Board of Elections filed 12/22/16. Answers and Motions to Dismiss of County Defendants filed 1/26/17. NC Board of Elections' Opposition to Motions to Dismiss filed 2/16/17. Plaintiffs' Memo in Opposition to Motions to Dismiss of County Defendants filed 4/14/17. County Defendants' Replies filed 4/27/17, 4/28/17, and 5/12/17. Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss filed 9/26/17. Answer and Cross-Claim of Cumberland County defendants filed 10/10/17. Answer of North Carolina State Board of Elections filed 10/31/17. Status Report filed 1/12/18. Plaintiffs' Motion for Partial Summary Judgment granted filed (3/5/18). Motion for Partial Summary Judgment will be granted, and Plaintiffs’ Motion to Clarify or Modify the scope of the preliminary injunction will be denied as moot filed 8/7/18.
NEOCH v. HustedCase Page - last updated on July 31, 2018 (12:45 PM)
Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.
Subsequent Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.
Current Issue: Whether Ohio SB 205 and 216 unlawfully discriminate against minority voters and unconstitutionally burden the right to vote.
Plaintiffs' and Defendants' trial briefs filed 3/10/16. Trial at District Court held March 2016. Parties' proposed findings of fact filed 4/28/16. Defendants' post-trial brief filed 5/5/16. Plaintiffs' response to defendants' proposed findings of fact and conclusions of law filed 5/5/16. Opinion enjoining enforcement of Ohio statutes filed 6/7/16. 6th Circuit Opinion affirming District Court's attorney fee award (with some exceptions) filed 8/1/16. Opinion reversing District Court on most of plaintiffs' claims filed 9/13/16. Order denying rehearing en banc filed 10/6/16. Emergency Application to Stay Sixth Circuit Mandate filed in U.S. Supreme Court 10/25/16. Response in Opposition filed 10/28/16. Order Denying Emergency Application for Stay filed 10/31/16. Petition for Writ of Certiorari filed 3/3/17. District Court Opinion and Order Denying Motion to Extend Consent Decree filed 4/28/17. Order Denying Writ of Certiorari filed 6/19/17. District Court order granting joint motion to assign case to magistrate for mediation filed 1/17/18. The parties have agreed to resolve without further litigation. The Stipulated Judgement globally resolves all attorneys' fees and costs that Plaintiffs have sought filed 3/28/18. Opinion affirming District Court attorney fee decisionfiled 8/1/18.
Related Case: SEIU v. Husted
Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the attorneys representing amici League of Women Voters of Ohio and Common Cause of Ohio in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.
League of Women Voters v. NewbyCase Page - last updated on July 31, 2018 (12:31 PM)
Whether the EAC unlawfully permitted certain states to modify the national uniform mail-in voter registration form by requiring documentary proof of citizenship.
Complaint and Motion for Temporary Restraining Order and Preliminary Injunction filed 02/12/16. Answer filed 4/22/16. Opinion denying motion for preliminary injunction filed 6/29/16. Notice of Appeal filed 7/1/16. Appellants' Brief and Joint Appendix filed 7/18/16. Motion for summary judgment filed in District Court 7/22/16. Federal Appellees' Brief filed 7/27/16. Kobach's Appellee Brief filed 8/3/16. Per Curiam Judgment and Order Reversing District Court filed 9/9/16. District Court opinion and order remanding case to EAC filed 2/24/17. Memorandum in Opposition to Motion to Intervene filed 4/417. Eagle Forum has moved to intervene in this case for the limited purpose of unsealing documents that are currently sealed on the Court’s docket. Contrary to Eagle Forum’s assertion in its Notice, the decision in MetLife does not “resolve [any] issue in favor of unsealing the record” in this case filed 9/18/17.
Georgia NAACP v. GeorgiaCase Page - last updated on July 27, 2018 (12:42 PM)
Whether Georgia's runoff election voter registration procedure violates the National Voter Registration Act (NVRA)
Complaint and TRO Motion filed 4/20/17. First Amended Complaint filed 4/25/17. Defendants' Response to TRO Motion filed 4/28/17. Order Granting Preliminary Injunction filed 5/4/17. Ordered and adjudged that Plaintiffs recover from Defendant in the ammount of 122,171.54 as reasonable attorney's fees and expenses filed 4/11/18
Hindel v. HustedCase Page - last updated on July 19, 2018 (8:49 PM)
Whether Ohio is violating the Americans with Disabilities Act by allegedly not providing equal opportunity for blind voters to vote absentee and access the Ohio Secretary of State's voter services website.
Complaint filed 12/7/15. Motion for preliminary injunction filed 12/7/15. Answer filed 2/5/16. Motion for judgment on the pleadings filed 2/5/16. Plaintiffs' response in opposition filed 2/29/16. Motion for permanent injunction filed 4/816. Defendant's memorandum in opposition to motion for permanent injunction filed 4/25/16. Opinion and order granting defendant's motion for judgment on the pleadings filed 5/11/16. Motion for reconsideration filed 7/7/16. Joint motion for status conference filed 10/6/16. Motion for Permanent Injunction filed 11/16/16. Husted Response in Opposition to Motion for Permanent Injunction filed 12/7/16. Opinion and Order Granting in Part Plaintiffs' Motion for Permanent Injunction filed 2/1/17. Motion for Attorney Fees filed 2/24/17. Notice of Appeal filed 2/24/17. Appellants' Brief filed 4/12/17. Amicus brief of ACLU et al filed 4/17/17. Appellee's Brief filed 5/10/17. Sixth Circuit Opinion Reversing District Court filed 11/13/17. District Court Order for Status Update by March 1, 2018, filed 1/29/18. Plaintiffs' remaining claims against the Defendant are dismissed with prejudice in accordance with the terms of the parties' Settlement Agreement filed 6/11/18
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