Major Pending Election Cases

This is a list of pending election law litigation cases that Election Law at Moritz is currently monitoring.


Case Name | State | Primary Topic | Date Filed
Case Name | State | Primary Topic | Date Filed

Jones v. Desantis

Case Page - last updated on July 9, 2020 (7:59 PM)
6/28/19
Florida
Felon Voting Rights, Voter Supression, Voting Rights Act
Supreme Court of The United States

 Plaintffs challenge Florida's requirement that payment of all restitution, fees or fines ordered by the court as part of the sentence, as 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, 52 U.S.C. § 10301 Section 2, and Article VI, Section 4 of the Florida Constitution; and Case 4:19-cv-00300-MW-MJF Document 1 Filed 06/28/19 Page 1 of 9 pursuant to 28 U.S.C. § 1361. 

 Complaint filed 6/28/19. Amended Complaint 7/16/19. Motion for Joinder 5/1/20. Notice of Appeal 6/1/20. Motion to Expedite Appeal 6/2/20. Motion to stay 6/20/20. Application to vacate stay 7/8/20. 


People First of Alabama v. Merrill

Case Page - last updated on July 8, 2020 (7:44 PM)
5/1/20
Alabama
Improper Election Administration
Supreme Court of The United States

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.

Complaint filed 5/1/20. Motion For Preliminary Injunction 5/14/20. Motion to Dismiss 6/9/20. District Court Opinion 6/15/20. Notice of Appeal 6/16/20. Emergency Motion to Stay Pending Appeal 6/17/20. Order Denying Motion to Stay Pending Appeal 6/25/20. Application For A Stay Submitted To Justice Thomas 6/29/20.


Texas Democratic Party v. Abbott

Case Page - last updated on July 8, 2020 (7:26 PM)
4/7/20
Texas
Improper Election Administration
Supreme Court of The United States

Whether Texas' voting laws in the context of the pandemic violate the Voting Rights Act and the 1st, 14th, 15th, and 26th Amendments.

Complaint filed 4/07/20. Amended complaint 4/29/20. Motion for preliminary injunction 4/29/20. Response to motion for preliminary injunction 5/12/20. Proposed order 5/12/20. Order granting plaintiff's motion for preliminary injunction 5/19/20. Appeal order 5/19/20. Order of USCA regarding notice of appeal 5/20/20. Motion for stay pending appeal 5/20/20. Motion to dismiss 5/21/20. Non-dispositive published opinion filed 6/4/20. Petition for writ of certiorari and application to vacate stay filed 6/16/20.


Democracy North Carolina v. North Carolina State Board of Elections

Case Page - last updated on July 8, 2020 (7:10 PM)
4/13/20
Voter Registration
U.S. District Court District for the Middle District of North Carolina

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.

Complaint filed 4/13/20. Amended Complaint for Injunctive Relief filed 5/4/20.


Paher v. Cegavske

Case Page - last updated on July 8, 2020 (6:09 PM)
4/21/20
Nevada
Improper Election Administration
United States District Court for the District of Nevada

Plaintiffs allege that the all-mail election plan implemented by Nevada's secretary of state of stripping vote-fraud prevention safeguards established by the legislature violates voters’ (i) right to vote under the U.S. Constitution (due to vote dilution), (ii) right to vote in a federal election compliant with the U.S. Constitution at Article I, § 4, cl. 1, and (iii) right to a republican form of government under Article IV, § 4 of the U.S. Constitution. 

Complaint filed 4/21/20. Motion for Preliminary Injunction filed 4/21/20. Order Denying Preliminary Injunction 4/30/20. Motion to Dismiss Complaint 5/11/20. Amended Complaint filed 5/13/20. Second Motion for Preliminary Injunction 5/13/20. Motion to Dismiss Amended Complaint 5/20/20. Motion to Dismiss the Motion for Preliminary Injunction 5/20/20. Order Denying Plaintiff's Second Motion for Preliminary Injunction 5/27/20. 


Gear v. Knudson

Case Page - last updated on July 8, 2020 (5:45 PM)
3/26/20
Wisconsin
Improper Election Administration
U.S. District Court District for the Western District of Wisconsin

Plaintiffs challenge how the state of Wisconsin administers its elections, alleging that current procedures disenfranchise Wisconsin voters in violation of their constitutional rights. 

Compliant filed 3/26/20. Motion For Temporary Restrianing Order and Preliminary Injunction 3/28/20. Order Consolidating Case 3/28/20. Order Granting In Part and Denying in Part Motion For Preliminary Injunction 4/2/20. Notice of Appeal 4/2/20. Motion for Amended Preliminary Injunction 4/3/20. Order on Amended Preliminary Injunction 4/3/20. Order Denying Stay 4/6/20. Motion to Dismiss Amended Complaint 4/16/20. Motion to Voluntarily Dismiss 5/21/20. Motion To Dismiss 5/26/20. Motion to Amend Complaint 5/29/20. USCA Order Dismissing Appeal as Moot 6/5/20. Amended Complaint 6/29/20. 


Democratic National Committee v. Bostelmann

Case Page - last updated on July 8, 2020 (5:43 PM)
3/18/20
Wisconsin
Absentee Ballots, Improper Election Administration, Voter ID
United States District Court Western District of Wisconsin

Whether Wisconsin's procedures for registering to vote and absentee voting violate due process

Complaint filed 3/18/20. Emergency Motion For Temporary Restraining Order and Preliminary Injunction 3/18/20. Motion to Intervene by Wisconsin State Legislature 3/20/20. Order granting in part and denying in part motion for TRO and preliminary injunction 3/20/20. Amended complaint for declaratory and injunctive relief 3/26/20. 7th Circuit order regarding emergency motion to stay preliminary injunction and administrative stay 4/3/20. Supreme Court opinion 4/6/20. Motion to dismiss amended complaint by intervenor Wisconsin State Legislature 4/16/20. Second amended complaint 4/30/20. Motion to dismiss by defendants 5/27/20.


Arizona Democratic Party v. Hobbs

Case Page - last updated on July 8, 2020 (5:09 PM)
6/10/20
Arizona
Absentee Ballots, Improper Election Administration
U.S. District Court District for the District of Arizona

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.

Complaint for Injunctive and Declaratory Relief filed 6/10/20. 


Mecinas v. Hobbs

Case Page - last updated on July 8, 2020 (5:05 PM)
11/1/19
Arizona
Ballot Design
U.S. District Court for the District of Arizona

Whether Arizona's ballot design, which features the candidate's name vertically with the order determined based on political party, is valid under law

Complaint Filed 11/1/19. Amended Complaint Filed 11/15/19. Motion to Dismiss Case 1/2/20. Response in Opposition to Motion to Dismiss Case 1/16/20. 


Edwards v. Vos

Case Page - last updated on July 3, 2020 (12:07 PM)
4/13/20
Wisconsin
Improper Election Administration
United States District Court for the Western District of Wisconsin

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

Complaint filed 4/13/20. Amended class action comlaint for damages, declaratory judgment and injunctive relief 5/4/20. Motion to dismiss amended complaint by defendants 5/4/20. Motion to dismiss amended complaint by defendants 5/25/20. 


Swenson v. Bostelmann

Case Page - last updated on July 3, 2020 (11:56 AM)
5/18/20
Wisconsin
Improper Election Administration
U.S. District Court District for the Western District of Wisconsin

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.

Complaint filed 5/18/20. Answer by Defendants filed 6/8/20. Proposed Motion to Dismiss 6/8/20. Amended Complaint filed 6/23/20.


Trump v. Boockvar

Case Page - last updated on July 2, 2020 (3:07 PM)
6/29/20
Absentee Ballots, Improper Election Administration, Polling Place Observers
U.S. District Court District for the Western District of Pennsylvania

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.

Complaint filed by 6/30/20. 


Jacobson v. Lee

Case Page - last updated on July 1, 2020 (6:28 PM)
5/24/18
Florida
Ballot Design
U.S. District Court District for the Northern District of Florida

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.

Complaint filed 5/24/18. Motion to Dismiss for Failure to State a Question 6/19/18. Motion for Preliminary Injunction 6/29/18.Order Denying Motion for Preliminary Injunction 7/24/18. Order Denying Motion to Dismiss 7/24/18. Answer to Complaint 8/7/18. Motion for Summary Judgment 4/8/19. Order Denying Motion for Summary Judgment 4/13/19. Final Order Following Bench Trial 11/15/19. Notice of Appeal 11/15/19. Secretary's Motion to Stay Pending Appeal 11/18/19. Order Denying Motion to Stay 11/2/6/19. Motion to Stay Pending Decision 3/28/20. Order Denying in Part and Granting in Part the Motion To Stay Pending Decision 4/3/20.


Luft v. Evers

Case Page - last updated on July 1, 2020 (3:49 PM)
12/13/11
Wisconsin
Voter ID
US Court of Appeals for the Seventh Circuit

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.

District Court Opinion and Order issued 10/19/2015. Appellants' Briefs on appeal in 7th Circuit filed 12/28/15. Appellee's brief in 7th Circuit filed 1/26/16. 7th Circuit Court of Appeals opinion reversing District Court filed 4/12/16. District Court decision and order on remand in favor of plaintiffs filed 7/19/16. District Court Order Denying Stay Pending Appeal filed 7/29/16. 7th Circuit Order Granting Stay Pending Resolution of Appeal filed 8/10/16. Emergency Petition for Rehearing filed 8/11/16. 7th Circuit Order Denying Motion for Reconsideration filed 8/15/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 8/31/16. Appellees' Brief and Short Appendix filed 9/30/16. Oral Argument rescheduled for 2/24/17. 7th Circuit opinion issued 6/29/20.


Fair Fight Action v. Raffensperger

Case Page - last updated on July 1, 2020 (3:42 PM)
11/27/18
Georgia
Voter Supression
U.S. District Court for the Northern District of Georgia

Whether the Secretary of State's office and the state election board systematically blocked minority voters from the polls in the Nov. 6th election. 

Complaint filed 11/27/18. Motion to Dismiss filed 1/28/19. Submission of Motion to Dismiss District Judge Steve c. Jones filed 2/26/2019. The Court will hold a hearing on Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint on April 29, 2019 at 2:00 p.m. Motion to Dismiss is Deemed Moot 4/8/19.  Renewed Motion to Dismiss Amended Complaint is Granted 5/30/19. Answer to Amended Complaint 6/13/19. Motion to Open Discovery 6/13/19. Order Granting in part and Denying in part Motion to Open Discovery 6/28/19. Amended Scheduling Order: Close of Fact Discovery 11/15/19; Close of Expert Discovery 12/16/19, 7/11/19. Stipulated Protective Order 7/15/19. Motion for temporary restraining order 12/16/19. Order denying motion for temporary restraining order 12/26/19. Order regarding remaining discovery dispute 12/23/19. Order denying plaintiff's motion for preliminary injunction 12/23/19.

 


Black Votes Matter Fund v. Raffensperger

Case Page - last updated on July 1, 2020 (3:18 PM)
4/8/20
Georgia
Absentee Ballots
U.S. District Court District for the Northern District of Georgia

Whether the requirement of paid postage for absentee voting constitutes the establishment of a poll tax and thus violates constitutionally-protected voting rights

Complaint filed 4/8/20. Motion for Preliminary Injunction 4/8/20. Motion to dismiss the complaint 4/23/20. Order Denying in part the motion for Preliminary Injunction 4/30/20. Amended Complaint 5/11/20. Motion to Dismiss Amended Complaint 5/12/20. Emergency Motion for TRO 5/12/20. Order Denying Motion for TRO 5/15/20. Motion to Dismiss for Failure to State Claim. 5/18/20. Motion to Certify Class 5/31/20. 


Coalition for Good Governance v. Raffensperger

Case Page - last updated on June 29, 2020 (3:28 PM)
4/20/20
Georgia
Improper Election Administration
U.S. District Court District for the Northern District of Georgia

Plaintiffs assert that by failing to take particular actions protecting the safety of voters during the pandemic, the defendants are infringing voters' rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs seek various changes to in-person and mail-in absentee voting systems and procedures.

Complaint filed 4/20/20. Motion for Preliminary Injunction 4/26/20. Motion for Temporary Restraining Order 5/11/20. Motion to Dismiss 5/11/20. Order Granting Motion to Dismiss and Denying Motion for Preliminary Injunction and Motion For Temporary Restraining Order 5/14/20. Motion for Reconsideration 5/19/20. Order denying the Motion for Reconsideration 5/26/20. Notice of Appeal 6/25/20. 


Miller v. Hughs

Case Page - last updated on June 29, 2020 (1:53 PM)
11/1/19
Texas
Ballot Design
U.S. District Court District for the Western District of Texas

Plaintiffs challenge Texas' law mandating that candidates who share their political party with the last-elected Governor must be listed first in every single partisan race on the general election ballot.

Complaint filed 11/1/19. Motion for Preliminary Injunction filed 11/19/19. Order granting voluntary withdraw of preliminary injunction filed 12/2/19. Motion to dismiss filed 12/12/19. 


Common Cause v. Kemp

Case Page - last updated on June 29, 2020 (1:48 PM)
11/5/18
Georgia
State Voter Registration Databases
U.S District Court for the Northern District of Georgia

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

Complaint filed 11/5/18. Notice of and Motion for a Temporary Restraining Order and Exoeduted Discovery filed 11/7/18. Court grants temporary restraining order in part filed 11/12/18. Order granting motion of investigative report and amended joint preliminary report and discovery filed 12/7/18. Clerk's Entry of Dismissal APPROVING 116 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). Civil Case Terminated with prejudice filed 6/18/19. Plaintiffs' Motion for Attorney Fees with Brief in Support 7/22/19. Defendant Response to Plaintiffs' Motion Of Attorney's Fees 8/12/19. 


Gloria v. Hughs

Case Page - last updated on June 29, 2020 (1:40 PM)
4/29/20
Texas
Absentee Ballots, Improper Election Administration
U.S. District Court District for the Western District of Texas

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.

Complaint filed 4/29/20. Order Staying case 6/10/20.


Lewis v. Hughs

Case Page - last updated on June 26, 2020 (1:53 PM)
5/21/20
Texas
Improper Election Administration, Absentee Ballots
U.S. District Court District for the Western District of Texas

The lawsuit challenges the constitutionality of the following provisions in the context of the current 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.

Complaint filed 5/11/20. 


Priorities USA v. Nessel

Case Page - last updated on June 25, 2020 (8:18 PM)
11/12/19
Michigan
Improper Election Administration, Voter Supression
U.S. District Court District for the Eastern District of Michigan

Plaintiffs challenge Michigan's Voter Transportation Ban and Absentee Ballot Organizing Ban, arguing that the bans violate the First and Fourteenth Amendments.

Complaint filed 11/12/19. Motion to Dismiss filed 12/20/19. Order on Motion to Dismiss 12/23/20. Amended Complaint filed 1/27/20. Motion to Consolidate 1/27/20. Motion for Preliminary Injunction 1/28/20. Motion to Dismiss filed 2/10/20. Order Denyign Motion to Dismiss 2/11/20. Order Granting in Part and Denying in Part the Motion to Dismiss  5/22/20.


The Andrew Goodman Foundation v. Bostelmann

Case Page - last updated on June 25, 2020 (5:22 PM)
11/19/19
Wisconsin
Student Voting, Voter Fraud
U.S. District Court District for the Western District of Wisconsin

Plaintiffs challenge Wisconsin's Student Voter ID Restriction on grounds that it violates the 26th Amendment.

Complaint filed 11/19/19. Motion to stay filed 12/4/19. Answer filed 1/6/20. Amended Complaint filed 1/22/20. Motion for Preliminary Injunction 1/22/20. Answer to Amended Complaint 2/5/20. 


Stringer v Cascos

Case Page - last updated on June 22, 2020 (2:24 PM)
3/24/20
Texas
Voter Eligibility, Improper Election Administration, Voting Technology
U.S. District Court District for the Western District of Texas

Whether Texas' administration of their 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 doing so for licensure reasons.

Complaint filed 3/14/16. Final Judgment 5/18/18. Appeal of Final Judgment 5/21/18. Opposed Motion to Stay Pending Appeal 5/23/18. USCA Judgment 12/5/19. Motion to Intervene and accompanying Complaint 12/20/19. Order to Consolidate Cases 1/21/20. Limited Preliminary Injunction Order 1/30/20. Motion to Dismiss 2/11/20. 


League of Women Voters of Virginia v. Virginia State Board of Elections

Case Page - last updated on June 21, 2020 (1:12 PM)
4/17/20
Virginia
Absentee Ballots
United States District Court for the Western District of Virginia

Plaintiffs are challenging Virginia's witness and signature requirement for absentee voting.  

Complaint filed 4/17/20. Motion for preliminary injunction by League of Women Voters of Virginia 4/21/20. Memorandum opinion granting in part and denying in part Republican Party of Virginia's motion to intervene 4/30/20. Order granting joint motion to approve consent judgment 5/5/20. Answer to complaint 5/11/20. Case reffered to magistrate judge Robert S. Ballou 5/14/20.  


Gilby v. Hughs

Case Page - last updated on June 21, 2020 (1:00 PM)
10/30/19
Texas
Early Voting, Improper Election Administration
U.S. District Court District for the Western District of Texas

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. 

Complaint filed 10/30/19. Amended Complaint filed 11/26/19. Opposed Motion to Abstain or Postpone by Defendants filed 4/17/20. Order Denying Opposed Motion to Abstain or Postpone by Defendants filed 5/26/20. 


Bruni v. Hughs

Case Page - last updated on June 21, 2020 (12:58 PM)
3/5/20
Texas
Ballot Design
U.S. District for the Southern District of Texas

Plaintiffs challenge Texas' attempt to end straight-ticket voting, arguing that it will unjustifiably and discriminatorily burden Texans’ fundamental right to vote. 

Complaint filed 3/5/20. First Amended Complaint filed 3/27/20. Motion For Preliminary Injunction 3/30/20. 


Hoffard v. Cochise

Case Page - last updated on June 19, 2020 (3:36 PM)
6/3/20
Arizona
Improper Election Administration
U.S. District Court District for the District of Arizona

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. 


Drenth v. Boockvar

Case Page - last updated on June 17, 2020 (4:43 PM)
5/21/20
Improper Election Administration
U.S. District Court District for the Middle District of Pennsylvania

Plaintiffs allege that Pennsylvania's absentee and mail-in ballot proccess is inaccessible to those Pennsylvanians that are blind and thus unconstitutionally deprives these voters of their right to vote.

Complaint filed 5/21/20. Motion for Temporary Restraining Order or Preliminary Injunction filed 5/21/20. Order Granting Motion for Temporary Restraining Order or Preliminary Injunction filed 5/27/20. 


Daunt v. Benson

Case Page - last updated on June 14, 2020 (5:27 PM)
6/9/20
Michigan
Voter Fraud
U.S. District Court District for the Western District of Michigan

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. 


S.P.S. ex rel. Short v. Raffensperger

Case Page - last updated on June 13, 2020 (11:18 AM)
11/1/19
Georgia
Ballot Design
U.S. District Court District for the Northern District of Georgia

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. 

Complaint filed 11/1/19. First Amended Complaint filed 11/15/19. Motion for Preliminary Injunction filed 11/18/19. Motion to Dismiss filed 1/10/20


Nielsen v. DeSantis

Case Page - last updated on June 12, 2020 (6:14 PM)
5/4/20
Florida
Improper Election Administration
U.S. District Court for the Northern District of Florida

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. 

 Complaint filed 5/4/20. 


Crossey v. Boockvar

Case Page - last updated on June 12, 2020 (2:39 PM)
4/30/20
Absentee Ballots
Pennsylvania Commonwealth Court

Plaintiffs are challenging the delivery requirements of absentee voting during the time of coronavirus pandemic. 

 

Initial Petition filed 4/30/20.  


New Georgia Project v. Raffensperger

Case Page - last updated on June 10, 2020 (9:27 PM)
5/8/20
Georgia
Improper Election Administration
U.S. District Court for the Northern District of Georgia

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.

 

Complaint 5/8/2020. Second Amended Complaint 6/3/2020. 


Virginia House of Delegates v. Bethune-Hill

Case Page - last updated on June 2, 2020 (1:55 PM)
12/22/14
Virginia
Redistricting
U.S. District Court for the Eastern District of Virginia

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. Order and Proceed with Remedial Phases Granted filed 9/14/18. Redistricting plans put forward filed 11/2/18. Report of Special Master filed 12/7/18. Supreme Court appendix filed 12/28/18. Addendum to Special Report filed 12/28/18 and 1/8/19. Motion to Amend Report is denied filed 1/8/19. The special master and the plaintiffs have advised the Court that the Second Report of the Special Master contains errors regarding the compactness scores of certain districts in Peninsula Module 2. Accordingly, the special master is hereby ORDERED to submit a corrected final report filed 2/4/19. The plaintiffs' motion for attorneys' fees and expenses is premature given the case in appeal to the Supreme Court and thus the motion is denied 3/26/19. ORDER. Pursuant to the Court's order entered on October 18, 2018], the Commonwealth of Virginia is directed to render payment in the amount of $126,363.71. Filed 4/5/19. SCOTUS opinion dismissing appeal filed 6/17/19. District Court Plaintiffs' Second Motion For Attorneys' Fees 8/2/19. Opposition To Plaintiffs' Second Motion For Attorneys' Fees 8/30/19. Reply in Support of Second Motion For Attorneys' Fees 9/6/19. Defendant-Intervenor Motion to Strike or for Leave to File Responsive Brief 9/6/19. Plaintiffs' Response to Defendant Intervenors' Motion to Strike or Leave 9/9/19. Order Dismissing Plaintiff's Second Motion For Attorney's Fees and Litigation Expenses 9/25/20. Order Granting Plaintiff's Motion For Clarification 4/20/20. Supplemental Motion For Attorney Fees 5/8/20. Response to Supplemental Motion For Attorney Fees 5/22/20. 


Voto Latino Inc. v. Hobbs

Case Page - last updated on May 28, 2020 (1:07 PM)
11/26/19
Arizona
Absentee Ballots
U.S. District Court for the District of Arizona

Whether Arizona's deadline for voters to submit their early ballots by mail is constitutional

Complaint filed 11/26/19. Amended complaint for declaratory and injunctive relief 12/2/19. Arizona Secretary of State's motion to dismiss 2/3/20. Second amended complaint for declaratory injunctive relief 2/24/20. Arizona Secretary of State's motion to stay consideration of plaintiff's motion for preliminary injunction or in the alternative an extension of time 3/4/20. Order granting in part motion to stay 3/13/20. Motion to dismiss plaintiffs' second amended complaint 3/13/20. Response in opposition to motion to dismiss second amended complaint 4/20/20. Motion to postpone hearing by plaintiffs 5/20/20. Order postponing hearing 5/20/20. 


Texas Democratic Party v. Hughs

Case Page - last updated on May 28, 2020 (12:46 PM)
3/25/20
Texas
Improper Election Administration
Texas Court of Appeals for the Fourteenth Judicial Circuit

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. State of Texas's plea in intervention 3/27/20. State of Texas's plea to jurisdiciton 4/7/20. Application for temporary injunction 4/7/20. Proposed order 4/16/20. Order modifying certain early voting procedures 4/16/20. Order on application for temporary injunction 4/17/20. Notice of interluctory appeal 4/17/20.


Priorities USA v. Benson

Case Page - last updated on May 28, 2020 (12:33 PM)
10/30/19
Michigan
Absentee Ballots
United States District Court for the Eastern District of Michigan

Case concerns a constitutional challenge to Michigan's signature match laws, which require election officials to reject absentee applications and ballots if they determine that the signature provided with the applications or ballots does not match the voter's signature on file with election authorities.

Complaint Filed 10/30/19. Amended Complaint 12/30/19. Motion To Dismiss Amended Complaint 1/13/20. Response to Motion to Dismiss 2/3/20. Order Denying Motion To Dismiss Amended Complaint 3/24/20. Answer to ameded complaint with affirmative defenses 4/17/20. Motion to dismiss 4/21/20. Stipulated order dismissing case without prejudice 5/8/20. 


League of Women Voters of Michigan v. Benson

Case Page - last updated on May 27, 2020 (1:34 PM)
5/22/20
Michigan
Absentee Ballots
Michigan Court of Appeals

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

Complaint for mandamus filed 5/22/20. 


Democratic Executive Committee of Florida v. Ertel

Case Page - last updated on May 26, 2020 (2:17 PM)
11/8/18
Florida
Provisional Ballots, Absentee Ballots
U.S District Court for the Northern District of Florida

Whether Florida's Secretary of State violated the Equal Protection rights of voters by rejecting vote-by-mail and provisional ballots on the basis of an allegedly "standardless signature matching process"

Complaint filed 11/8/18. Emergency Motion for TRO filed 11/8/18. Preliminary Injunction granted 11/15/18. Appeal from the U.S District Court Docketed 11/15/18. Motion to hold case in abeyance filed 1/2/19. Motion to hold case in abeyance is denied filed 1/11/19. Defendant changed from Detzner to Ertel. Order denying motiont to dismiss as moot filed 2/15/19.Plaintiffs’ claims against Defendants are dismissed without prejudice filed 7/29/19. Order Granting Appellees' motion for out-of-time response to jurisdictional question, Denying Appellants' request to file replies to Appellees' response 6/17/19. Motion for voluntary dismissal 7/2/19. Order granting motion for dismissal  7/29/19. 

 


Disability Rights Pennsylvania v. Boockvar

Case Page - last updated on May 26, 2020 (11:04 AM)
4/27/20
Absentee Ballots
Pennsylvania Supreme Court

Plaintiffs are petitioning for the Pennsylvania  Supreme Court to intervene and change the registration and reception deadline for absentee voting in light of the coronavirus pandemic. 

Petition For Review filed 4/27/20. 


Feldman v. Arizona

Case Page - last updated on August 24, 2018 (10:52 PM)
4/15/16
Arizona
Voter Supression, Absentee Ballots, Provisional Ballots
Ninth Circuit U.S. Court of Appeals

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.


One Wisconsin Institute v. Jacobs

Case Page - last updated on August 1, 2018 (5:50 PM)
5/29/15
Wisconsin
Voter ID, Early Voting, Student Voting
U.S. Court of Appeals for the Seventh Circuit

Whether several Wisconsin statutes are in violation of: Section 2 of the Voting Rights Act, the First Amendment, the Fifteenth Amendment, the Twenty-Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment.

Complaint filed on 5/29/15. Amended complaint filed 6/22/16. Answer filed 7/22/15. Motion to Dismiss filed 7/22/15. Opinion and Order on Defendants' Motion to Dismiss filed 12/17/15. Motion for summary judgment filed by defendants 1/11/16. Second amended complaint filed 3/25/16. Trial beginning May 16. District Court's Findings of Fact and Conclusions of Law filed 7/29/16. Motion to Stay filed 8/3/16. Notice of Appeal filed 8/3/16. Petition for Initial En Banc Review filed 8/3/16. Motion to Expedite filed 8/3/16. District Court Order denying stay in substantial part filed 8/11/16. Emergency Motion to Stay filed in Seventh Circuit 8/12/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 9/12/16. Status Report on Efforts to Inform Public filed 9/22/16. District Court Opinion and Order Granting Plaintiffs' Remedy in Part 10/13/16. Appellees' Brief in Seventh Circuit filed 10/21/16. Final Appendix filed 12/7/16. Oral Argument scheduled for 1/17/17. Oral Argument rescheduled for 2/24/17. Motion to Strike filed 2/14/17. 7th Circuit opinion issued 6/29/20.


Georgia Coalition for the Peoples' Agenda v. Raffensperger

Case Page - last updated on May 27, 2020 (12:52 PM)
10/11/18
Georgia
Voter Registration
United States District Court for the Northern District of Georgia

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

Complaint Filed 10/11/18. Emergency Motion for Preliminary Injunction Granted filed 11/2/18. Comes Now Defendant, Brad Raffensperger, in his official capacity as Secretary of State for the State of Georgia and moves to have the docket in this matter corrected to reflect the correct Defendant name filed 2/27/19. Submission of Motion to Subsitute Brian Kemp to District Judge Eleanor Ross filed 3/18/19. Brad Raffensperger is substituted as Defendant for Brian Kemp filed 3/26/19. Order Granting Consent Motion to Modify Scheduling Order, Discovery will close on 1/29/20, 9/4/19.  Second Amended complaint against all defendants 12/20/19. Answer and defense to amended complaint 2/4/20. Order granting consent motion to modify scheduling order 3/17/20. 


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