Major Pending Election Cases
This is a list of pending election law litigation cases that Election Law at Moritz is currently monitoring.
Benisek v. LamoneCase Page - last updated on November 15, 2018 (9:16 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. Judgement Issued filed 11/7/18. Consent Motion to stay filed 11/15/18.
Bethune-Hill v. Virginia State Board of ElectionsCase Page - last updated on December 10, 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. Order and Proceed with Remedial Phases Granted filed 9/14/18. Redistricting plans put forward filed 11/2/18.
Common Cause v. KempCase Page - last updated on December 14, 2018 (10:07 AM)
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.
Common Cause v. RuchoCase Page - last updated on December 6, 2018 (12:24 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. Appeal to Supreme Court case 18-422 filed 10/10/18.
Democratic Executive Committee of Florida v. DetznerCase Page - last updated on November 21, 2018 (10:20 AM)
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.
Democratic Party of Georgia v. BurkesCase Page - last updated on December 14, 2018 (10:13 AM)
Whether Georgia's late issuance of absentee ballots due to several reasons including Hurricane Michael created a violation of the Georgia Election Code as well as the First and Fourteenth Amendments
Complaint filed 11/8/18. Motion for Preliminary Injunction filed 11/8/18. Consent Order regarding absentee ballots filed 11/9/18. Consent Motion for Entry of Judgement filed 12/11/18
Democratic Party of Georgia v. CrittendenCase Page - last updated on November 16, 2018 (12:44 PM)
Whether Georgia unlawfully rejected absentee ballots due to insufficient information in the elector oath; whether Georgia counties must treat provisional ballots cast by voters in a another county the same as provisional ballots cast by voters within the wrong precinct in the same county
Complaint filed 11/11/18. Emergency Motion for Preliminary Injunction filed 11/12/18. Preliminary Injunction granted in part filed 11/15/18.
Democratic Senatorial Campaign Committee v. DetznerCase Page - last updated on December 6, 2018 (11:31 AM)
Whether Florida's ballot-counting rules subject voters to disparate treatment and arbitrary disenfranchisement in violation of the Fourteenth Amendment's Equal Protection Clause and the prohibition against undue burdens on the right to vote in the First and Fourteenth Amendments
Complaint filed 11/13/18. Emergency Motion for TRO filed 11/13/18.
Democratic Senatorial Campaign Committee v. Detzner IICase Page - last updated on November 15, 2018 (12:53 PM)
Whether First and Fourteenth Amendments require tolling of Florida recount and certification deadlines
Complaint filed 11/13/18. Emergency motion for Injunctive Relief filed 11/14/18
Fair Fight Action v. CrittendenCase Page - last updated on December 14, 2018 (10:17 AM)
Whether the Secretary of State's office and the state election board systematically blocked minority voters from the polls in the Nov. 6th election.
Complain filed 11/27/18
Fish v. KobachCase Page - last updated on October 26, 2018 (10:41 AM)
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. Defendant's Motion to Enforce Protective Order and Memorandum filed 9/14/18. Case status changed to closed on 9/14/18
Fox v. DetznerCase Page - last updated on November 21, 2018 (10:04 AM)
Whether Florida elections officials properly preserved digital ballot images and associated electronic files
Complaint filed 11/13/18. Order Denying Plaintiffs' Request for Writ of Mandamus and Motion for Restraining Order filed 11/16/18.
Georgia Coalition for The Peoples' Agenda vs. KempCase Page - last updated on November 4, 2018 (12:39 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
Complaint Filed 10/11/18
Georgia Muslim Voter Project v. Secretary of State of GeorgiaCase Page - last updated on December 14, 2018 (9:55 AM)
Whether Georgia's procedure for determining whether absentee ballots are valid violates the Due Process or Equal Protection Clauses of the Fourteenth Amendment
Complaint filed 10/16/18. Motion for TRO filed 10/17/18. Order Granting TRO filed 10/24/18. Defendant's emergency motion to stay pending appeal filed 10/25/18. District Court order denying motion to stay filed 10/30/18. Eleventh Circuit order denying motion for stay filed 11/2/18. Name changed to Georgia Muslim Voter Project v. Secretary of State of Georgia filed d 12/10/18.
Gill v. WhitfordCase Page - last updated on November 14, 2018 (10:05 AM)
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. Amended Complaint filed 9/14/18. Currently proposing canidates for Special Masters.
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.
Martin v. Secretary of State of GeorgiaCase Page - last updated on December 14, 2018 (10:28 AM)
Whether Georgia gave vote-by-mail voters a reasonable opportunity to cure rejected applications for mail ballots consistent with the Due Process Clause; whether Georgia treated vote-by-mail voters differently than in-person voters in violation of the Equal Protection Clause
Complaint filed 10/15/18. Temporary Restraining Order granted filed 10/15/18. Motion to Intervene filed 11/11/18. Order granting Motion to Intervene filed 11/1Name changed to Martin v. Secretary of State of Georgia filed 12/10/18.
Nelson v Andersen IICase Page - last updated on November 15, 2018 (10:34 PM)
Whether ballots returned by email and/or facsimile were counted in violation of Florida law
Complaint filed 11/15/18.
Nelson v. AndersenCase Page - last updated on November 15, 2018 (10:33 PM)
Whether Bay County is obligated under Florida law to provide plaintiffs with particular records including those related to whether ballots by email and/or facsimile were counted
Complaint filed 11/14/18.
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.
Ohio A. Philip Randolph Institute v. HustedCase Page - last updated on November 1, 2018 (7:25 PM)
Whether the removal of eligible voters from Ohio’s voter-registration rolls, as a result of those voters’ decisions not to participate in recent elections, violates the roll-maintenance provisions of the National Voter Registration Act and has caused eligible Ohio citizens to be deprived of the right to vote.
Complaint 04/06/2016. Answer filed 4/28/16. Amended complaint filed 5/17/16. Defendant's merit brief filed 5/24/16. Plaintiffs' motion for summary judgment and motion for permanent or temporary injunction filed 5/24/16. Order denying Plaintiffs' motion for summary judgment and permanent or temporary injunction, and entering judgment for defendant filed 6/29/16. Appellants' brief at 6th Circuit filed 7/13/16. Appellee's brief filed 7/20/16. 6th Circuit Opinion Reversing District Court filed 9/23/16. District Court Opinion and Order implementing remedies consistent with Sixth Circuit Opinion filed 10/19/16. Petition for Writ of Certiorari filed 2/13/17. Respondents' Brief filed 3/31/17. Petitioners' Reply filed 4/17/17. District Court Order Granting Joint Motion for Further Relief filed 4/24/17. Order Granting Petition for Writ of Certiorari filed 5/30/17. Petitioner's Merit Brief filed 7/31/17. DOJ amicus brief filed 8/7/17. Additional Amicus Briefs filed 8/7/17. Order Setting Oral Argument for Nov. 8 filed 8/31/17. Respondents' Merit Brief filed 9/18/17. Petitioner's Reply Brief filed 10/16/17. Order removing case from Nov. 8 oral argument calendar filed 10/27/17. Order setting case for oral argument on Jan. 10, 2018 filed 11/17/17. Oral Argument transcript filed 1/10/18. 5-4 Opinion upholding Ohio voter purge procedure filed 6/11/18. OPINION AND ORDER: Plaintiffs Motion for Final Judgment is GRANTED IN PARTAND DENIED IN PART and Defendants Motion for Final Judgment is GRANTED IN PARTAND DENIED IN PART. Final judgment shall be entered in favor of Defendant on all but one issuethe requirements to inform voters who have moved out of state how to continue to be eligible to vote. Signed by Judge George C. Smith. Pending Appeal, Emergency Motion filed 10/15/18.
Disclosure: EL@M Senior Fellow Daniel Tokaji is involved in this case as one of the cooperating attorneys for the ACLU of Ohio. 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.
Votevets Action Fund v. DetznerCase Page - last updated on November 19, 2018 (7:09 PM)
Whether vote-by-mail ballots should be counted if postmarked before Election Day but not received by the supervisor of elections by 7pm on Election Day
Complaint filed 11/12/18. Emergency motion for Restraining Order and Preliminary Injunction filed 11/12/18. Preliminary Injunction denied 11/16/18.
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