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

Crossey v. Boockvar

Case Page - last updated on September 19, 2020 (10:47 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. Memorandum Opinion 6/2/20. Recommended Findings of Fact and Conclusions of Law filed 9/4/20.


Priorities USA v. Nessel

Case Page - last updated on September 19, 2020 (10:24 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.

Order Granting Motion to Intervene 5/22/20. 


A. Philip Randolph Institute of Ohio v. LaRose

Case Page - last updated on September 19, 2020 (10:01 PM)
8/26/20
Ohio
Absentee Ballots, Improper Election Administration, Voter Supression
U.S. District Court for the Northern District of Ohio

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. Benson

Case Page - last updated on September 14, 2020 (9:52 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. 


Arizona Democratic Party v. Hobbs

Case Page - last updated on September 14, 2020 (9:43 PM)
6/10/20
Arizona
Absentee Ballots, Improper Election Administration
U.S. District Court 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.

Plaintiffs' Reply in Support of Motion for Preliminary and Permanent Injunction filed 8/10/20.


Ebenezer Baptist Church v. Raffensperger

Case Page - last updated on September 14, 2020 (9:36 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. 

Motion for Summary Judgment Filed 6/29/20.


New Georgia Project v. Raffensperger

Case Page - last updated on September 14, 2020 (9:24 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.

 

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. Cegavske

Case Page - last updated on September 14, 2020 (9:10 PM)
8/4/20
Nevada
Improper Election Administration, Voter Fraud
U.S. District Court for the District of Nevada

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. LaRose

Case Page - last updated on September 14, 2020 (8:58 PM)
7/31/20
Ohio
Absentee Ballots
U.S. District Court for the Southern District of Ohio

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. Lee

Case Page - last updated on September 14, 2020 (8:49 PM)
5/24/18
Florida
Ballot Design
US Court Of Appeals for the Eleventh Circuit

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. Boockvar

Case Page - last updated on September 9, 2020 (10:13 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.

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. Raffensperger

Case Page - last updated on September 9, 2020 (10:01 PM)
8/6/20
Georgia
Improper Election Administration, Polling Place Challenges
U.S. District Court for the Northern District of Georgia

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. Hughs

Case Page - last updated on September 9, 2020 (9:53 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 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 Elections

Case Page - last updated on September 9, 2020 (9:44 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.

Opinion and Order filed 8/4/20.


Black Votes Matter Fund v. Raffensperger

Case Page - last updated on September 9, 2020 (9:31 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

Order and Opinion 8/11/20. Plaintiffs' Unopposed Motion to File Second Amended Complaint 8/24/20. 


People First of Alabama v. Merrill

Case Page - last updated on September 9, 2020 (9:15 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.

Consent Order 8/21/20.


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

Case Page - last updated on September 7, 2020 (10:04 PM)
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. 

Plaintiffs' reply in support of thier motion for Preliminary Injunction and in opposition to Defendants' Motion to Dimiss 6/12/2020. 


Judicial Watch v. Pennsylvania

Case Page - last updated on September 7, 2020 (9:31 PM)
4/29/20
State Voter Registration Databases, Voter Eligibility, Voter Registration
U.S. District Court District for the Middle District of Pennsylvania

 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. DeSantis

Case Page - last updated on September 7, 2020 (11:29 AM)
6/28/19
Florida
Felon Voting Rights, Voter Supression, Voting Rights Act
U.S. Court of Appeals for the Eleventh Circuit

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. Vos

Case Page - last updated on September 2, 2020 (9:51 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  

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 Committee

Case Page - last updated on September 2, 2020 (9:36 PM)
4/15/16
Arizona
Voter Supression, Absentee Ballots, Provisional Ballots
U.S. Supreme Court

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. Boockvar

Case Page - last updated on September 2, 2020 (9:20 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 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. Bostelmann

Case Page - last updated on September 2, 2020 (9:18 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

Defendants' Motion to Dimiss 5/27/2020. Plaintiffs' Motion for Preliminary Injunction 7/8/2020.


League of Women Voters of Michigan v. Benson

Case Page - last updated on September 2, 2020 (8:56 PM)
5/22/20
Michigan
Absentee Ballots
Michigan Supreme Court

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. DeSantis

Case Page - last updated on August 29, 2020 (10:24 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. 

Miami-Dade Defendants' Answer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint 7/6/20.


Gary v. Virginia Department of Elections

Case Page - last updated on August 28, 2020 (9:01 PM)
7/27/20
Virginia
Absentee Ballots
U.S. District Court for the Eastern District of Virginia

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. Cochise

Case Page - last updated on August 28, 2020 (8:50 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. 


Gilby v. Hughs

Case Page - last updated on August 28, 2020 (8:44 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. 

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. Bostelmann

Case Page - last updated on August 24, 2020 (9:33 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. 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. Boockvar

Case Page - last updated on August 15, 2020 (12:01 PM)
8/7/20
Absentee Ballots
U.S. District Court for the Eastern District of Pennsylvania

Complaint filed regarding Pennsylvania's signature verification procedures for mailed in ballots.

Complaint filed 8/7/20.


Gallagher v. New York State Board of Elections

Case Page - last updated on August 7, 2020 (8:49 PM)
7/17/20
New York
Absentee Ballots
U.S. District Court, Southern District of New York

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 Elections

Case Page - last updated on August 3, 2020 (5:45 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.  

Motion for Preliminary Injunction filed 7/24/20. 


Gear v. Knudson

Case Page - last updated on August 3, 2020 (5:00 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. 

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. Bostelmann

Case Page - last updated on August 3, 2020 (5:00 PM)
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.

Motion for Preliminary Injunction 6/24/20. 


Luft v. Evers

Case Page - last updated on July 30, 2020 (12:46 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.

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. Abbott

Case Page - last updated on July 30, 2020 (12:12 PM)
4/7/20
Texas
Improper Election Administration
U.S. Court Of Appeals for the Fifth Circuit

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. Hobbs

Case Page - last updated on July 11, 2020 (10:29 AM)
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

Order Denying Plaintiffs' Emergency Motion for Injunction Pending appeal 7/10/20. 


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

Defendant Raffensperger's Notice of Appeal as to attorney fees filed 6/26/20. 


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.

Plaintiff's Response in Support re Order Staying Case 6/25/20.


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'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. 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'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. 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. 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. Notice of interluctory appeal 4/17/20.


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

Order granting consent motion to modify scheduling order filed 3/17/20. 


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