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Election Law @ Moritz

Election Law @ Moritz


Litigation

Pending Cases Arranged by Topic

Arrange Active Cases by: Case Name | State | Primary Topic | Date Filed
Arrange Archived Cases by: Case Name | State | Primary Topic | Date Filed

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

A. Philip Randolph Institute of Ohio v. LaRose

EL@M Case Page (last modified September 19, 2020 (10:01 PM))

Date Filed: 8/26/20
State: Ohio
Topic(s): Absentee Ballots, Improper Election Administration, Voter Supression
Current Court: U.S. District Court for the Northern District of Ohio

Case Issue:

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.

Latest Status:

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.

Arizona Democratic Party v. Hobbs

EL@M Case Page (last modified September 14, 2020 (9:43 PM))

Date Filed: 6/10/20
State: Arizona
Topic(s): Absentee Ballots, Improper Election Administration
Current Court: U.S. District Court for the District of Arizona

Case Issue:

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.

Latest Status:

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

Black Votes Matter Fund v. Raffensperger

EL@M Case Page (last modified September 9, 2020 (9:31 PM))

Date Filed: 4/8/20
State: Georgia
Topic(s): Absentee Ballots
Current Court: U.S. District Court District for the Northern District of Georgia

Case Issue:

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

Latest Status:

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

Crossey v. Boockvar

EL@M Case Page (last modified September 19, 2020 (10:47 PM))

Date Filed: 4/30/20
State: Pennsylvania
Topic(s): Absentee Ballots
Current Court: Pennsylvania Commonwealth Court

Case Issue:

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

 

Latest Status:

Initial Petition filed 4/30/20. Memorandum Opinion 6/2/20. Recommended Findings of Fact and Conclusions of Law filed 9/4/20.

Democratic National Committee v. Bostelmann

EL@M Case Page (last modified September 2, 2020 (9:18 PM))

Date Filed: 3/18/20
State: Wisconsin
Topic(s): Absentee Ballots, Improper Election Administration, Voter ID
Current Court: United States District Court Western District of Wisconsin

Case Issue:

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

Latest Status:

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

Gallagher v. New York State Board of Elections

EL@M Case Page (last modified August 7, 2020 (8:49 PM))

Date Filed: 7/17/20
State: New York
Topic(s): Absentee Ballots
Current Court: U.S. District Court, Southern District of New York

Case Issue:

Plaintiffs filed complaint in response to their absentee ballots being invalidated due to lacking a timely USPS postmark.

Latest Status:

Opinion and Order filed 8/3/20.

Gary v. Virginia Department of Elections

EL@M Case Page (last modified August 28, 2020 (9:01 PM))

Date Filed: 7/27/20
State: Virginia
Topic(s): Absentee Ballots
Current Court: U.S. District Court for the Eastern District of Virginia

Case Issue:

To implement an accessible Absentee Voting Program to accommodate individuals with print disabilities.

Latest Status:

Plaintiff's Motion for Preliminary Injunction filed 8/20/20. 

Gloria v. Hughs

EL@M Case Page (last modified June 29, 2020 (1:40 PM))

Date Filed: 4/29/20
State: Texas
Topic(s): Absentee Ballots, Improper Election Administration
Current Court: U.S. District Court District for the Western District of Texas

Case Issue:

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.

Latest Status:

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

League of Women Voters of Michigan v. Benson

EL@M Case Page (last modified September 2, 2020 (8:56 PM))

Date Filed: 5/22/20
State: Michigan
Topic(s): Absentee Ballots
Current Court: Michigan Supreme Court

Case Issue:

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

Latest Status:

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.

League of Women Voters of Ohio v. LaRose

EL@M Case Page (last modified September 14, 2020 (8:58 PM))

Date Filed: 7/31/20
State: Ohio
Topic(s): Absentee Ballots
Current Court: U.S. District Court for the Southern District of Ohio

Case Issue:

Plaintiffs are bringing this action to stop local Board of Elections from disqualifying absentee ballot applications and ballots due to signature mismatching.

Latest Status:

Complaint filed 7/31/20. Motion for Preliminary Injunction filed 8/24/20.

League of Women Voters of Pennsylvania v. Boockvar

EL@M Case Page (last modified August 15, 2020 (12:01 PM))

Date Filed: 8/7/20
State: Pennsylvania
Topic(s): Absentee Ballots
Current Court: U.S. District Court for the Eastern District of Pennsylvania

Case Issue:

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

Latest Status:

Complaint filed 8/7/20.

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

EL@M Case Page (last modified August 3, 2020 (5:45 PM))

Date Filed: 4/17/20
State: Virginia
Topic(s): Absentee Ballots
Current Court: United States District Court for the Western District of Virginia

Case Issue:

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

Latest Status:

Motion for Preliminary Injunction filed 7/24/20. 

Trump v. Boockvar

EL@M Case Page (last modified September 9, 2020 (10:13 PM))

Date Filed: 6/29/20
State: Pennsylvania
Topic(s): Absentee Ballots, Improper Election Administration, Polling Place Observers
Current Court: U.S. District Court District for the Western District of Pennsylvania

Case Issue:

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.

Latest Status:

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.

Voto Latino Inc. v. Hobbs

EL@M Case Page (last modified May 28, 2020 (1:07 PM))

Date Filed: 11/26/19
State: Arizona
Topic(s): Absentee Ballots
Current Court: U.S. District Court for the District of Arizona

Case Issue:

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

Latest Status:

Complaint filed 11/26/19. Order postponing hearing 5/20/20.

Bruni v. Hughs

EL@M Case Page (last modified June 21, 2020 (12:58 PM))

Date Filed: 3/5/20
State: Texas
Topic(s): Ballot Design
Current Court: U.S. District for the Southern District of Texas

Case Issue:

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

Latest Status:

Motion to Dimiss Amended Complaint/Counterclaim/Crossclaim filed 4/10/20. 

Jacobson v. Lee

EL@M Case Page (last modified September 14, 2020 (8:49 PM))

Date Filed: 5/24/18
State: Florida
Topic(s): Ballot Design
Current Court: US Court Of Appeals for the Eleventh Circuit

Case Issue:

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.

Latest Status:

Opinion Issued by Court 4/29/20. Petition for Rehearing En Banc (With Panel Rehearing) Filed by Appellees 5/20/20.

Mecinas v. Hobbs

EL@M Case Page (last modified July 11, 2020 (10:29 AM))

Date Filed: 11/1/19
State: Arizona
Topic(s): Ballot Design
Current Court: U.S. District Court for the District of Arizona

Case Issue:

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

Latest Status:

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

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

EL@M Case Page (last modified September 7, 2020 (10:04 PM))

Date Filed: 11/1/19
State: Georgia
Topic(s): Ballot Design
Current Court: U.S. District Court District for the Northern District of Georgia

Case Issue:

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. 

Latest Status:

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

Gilby v. Hughs

EL@M Case Page (last modified August 28, 2020 (8:44 PM))

Date Filed: 10/30/19
State: Texas
Topic(s): Early Voting, Improper Election Administration
Current Court: U.S. District Court District for the Western District of Texas

Case Issue:

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. 

Latest Status:

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.

Jones v. DeSantis

EL@M Case Page (last modified September 7, 2020 (11:29 AM))

Date Filed: 6/28/19
State: Florida
Topic(s): Felon Voting Rights, Voter Supression, Voting Rights Act
Current Court: U.S. Court of Appeals for the Eleventh Circuit

Case Issue:

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.

Latest Status:

Order Denying Application to Vacate Stay 7/16/20. 

Anderson v. Raffensperger

EL@M Case Page (last modified September 9, 2020 (10:01 PM))

Date Filed: 8/6/20
State: Georgia
Topic(s): Improper Election Administration, Polling Place Challenges
Current Court: U.S. District Court for the Northern District of Georgia

Case Issue:

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.

Latest Status:

Complaint filed 8/6/20. Motion for Preliminary Injunction filed 9/1/20. Defendants' Motions to Dismiss filed 9/8/20.

Drenth v. Boockvar

EL@M Case Page (last modified September 2, 2020 (9:20 PM))

Date Filed: 5/21/20
State: Pennsylvania
Topic(s): Improper Election Administration
Current Court: U.S. District Court District for the Middle District of Pennsylvania

Case Issue:

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.

Latest Status:

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.  

Edwards v. Vos

EL@M Case Page (last modified September 2, 2020 (9:51 PM))

Date Filed: 4/13/20
State: Wisconsin
Topic(s): Improper Election Administration
Current Court: United States District Court for the Western District of Wisconsin

Case Issue:

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  

Latest Status:

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.

Gear v. Knudson

EL@M Case Page (last modified August 3, 2020 (5:00 PM))

Date Filed: 3/26/20
State: Wisconsin
Topic(s): Improper Election Administration
Current Court: U.S. District Court District for the Western District of Wisconsin

Case Issue:

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

Latest Status:

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.

Hoffard v. Cochise

EL@M Case Page (last modified August 28, 2020 (8:50 PM))

Date Filed: 6/3/20
State: Arizona
Topic(s): Improper Election Administration
Current Court: U.S. District Court District for the District of Arizona

Case Issue:

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. 

Latest Status:

Complaint filed 6/3/20. 

Lewis v. Hughs

EL@M Case Page (last modified September 9, 2020 (9:53 PM))

Date Filed: 5/21/20
State: Texas
Topic(s): Improper Election Administration, Absentee Ballots
Current Court: U.S. District Court District for the Western District of Texas

Case Issue:

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.

Latest Status:

Order Denying Motion to Dismiss, or Alternatively, for a More Definite Statement filed 7/28/20.

New Georgia Project v. Raffensperger

EL@M Case Page (last modified September 14, 2020 (9:24 PM))

Date Filed: 5/8/20
State: Georgia
Topic(s): Improper Election Administration
Current Court: U.S. District Court for the Northern District of Georgia

Case Issue:

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.

 

Latest Status:

Plaintiffs' Motion for Preliminary Injunction 6/10/20. 

Nielsen v. DeSantis

EL@M Case Page (last modified August 29, 2020 (10:24 PM))

Date Filed: 5/4/20
State: Florida
Topic(s): Improper Election Administration
Current Court: U.S. District Court for the Northern District of Florida

Case Issue:

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. 

Latest Status:

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

People First of Alabama v. Merrill

EL@M Case Page (last modified September 9, 2020 (9:15 PM))

Date Filed: 5/1/20
State: Alabama
Topic(s): Improper Election Administration
Current Court: Supreme Court of The United States

Case Issue:

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.

Latest Status:

Consent Order 8/21/20.

Priorities USA v. Nessel

EL@M Case Page (last modified September 19, 2020 (10:24 PM))

Date Filed: 11/12/19
State: Michigan
Topic(s): Improper Election Administration, Voter Supression
Current Court: U.S. District Court District for the Eastern District of Michigan

Case Issue:

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

Latest Status:

Order Granting Motion to Intervene 5/22/20. 

Swenson v. Bostelmann

EL@M Case Page (last modified August 3, 2020 (5:00 PM))

Date Filed: 5/18/20
State: Wisconsin
Topic(s): Improper Election Administration
Current Court: U.S. District Court District for the Western District of Wisconsin

Case Issue:

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.

Latest Status:

Motion for Preliminary Injunction 6/24/20. 

Texas Democratic Party v. Abbott

EL@M Case Page (last modified July 30, 2020 (12:12 PM))

Date Filed: 4/7/20
State: Texas
Topic(s): Improper Election Administration
Current Court: U.S. Court Of Appeals for the Fifth Circuit

Case Issue:

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

Latest Status:

Fifth Circuit opinion issued 9/10/2020.

Texas Democratic Party v. Hughs

EL@M Case Page (last modified May 28, 2020 (12:46 PM))

Date Filed: 3/25/20
State: Texas
Topic(s): Improper Election Administration
Current Court: Texas Court of Appeals for the Fourteenth Judicial Circuit

Case Issue:

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. 

Latest Status:

Plaintiffs' original petition and application for temporary injunction 3/20/20. Notice of interluctory appeal 4/17/20.

Trump v. Cegavske

EL@M Case Page (last modified September 14, 2020 (9:10 PM))

Date Filed: 8/4/20
State: Nevada
Topic(s): Improper Election Administration, Voter Fraud
Current Court: U.S. District Court for the District of Nevada

Case Issue:

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.

Latest Status:

Defendant Secretary of State Barbara Cegavske's Motion to Dismiss 8/24/20. 

Common Cause v. Kemp

EL@M Case Page (last modified June 29, 2020 (1:48 PM))

Date Filed: 11/5/18
State: Georgia
Topic(s): State Voter Registration Databases
Current Court: U.S District Court for the Northern District of Georgia

Case Issue:

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

Latest Status:

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

Judicial Watch v. Pennsylvania

EL@M Case Page (last modified September 7, 2020 (9:31 PM))

Date Filed: 4/29/20
State: Pennsylvania
Topic(s): State Voter Registration Databases, Voter Eligibility, Voter Registration
Current Court: U.S. District Court District for the Middle District of Pennsylvania

Case Issue:

 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. 

Latest Status:

Motion to Dismiss filed 6/10/20.

The Andrew Goodman Foundation v. Bostelmann

EL@M Case Page (last modified August 24, 2020 (9:33 PM))

Date Filed: 11/19/19
State: Wisconsin
Topic(s): Student Voting, Voter Fraud
Current Court: U.S. District Court District for the Western District of Wisconsin

Case Issue:

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

Latest Status:

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. 

Stringer v. Cascos

EL@M Case Page (last modified June 22, 2020 (2:24 PM))

Date Filed: 3/24/20
State: Texas
Topic(s): Voter Eligibility, Improper Election Administration, Voting Technology
Current Court: U.S. District Court District for the Western District of Texas

Case Issue:

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.

Latest Status:

Motion to Dismiss 2/11/20. 

Daunt v. Benson

EL@M Case Page (last modified September 14, 2020 (9:52 PM))

Date Filed: 6/9/20
State: Michigan
Topic(s): Voter Fraud
Current Court: U.S. District Court District for the Western District of Michigan

Case Issue:

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. 

Latest Status:

Complaint filed 6/9/20. 

Luft v. Evers

EL@M Case Page (last modified July 30, 2020 (12:46 PM))

Date Filed: 12/13/11
State: Wisconsin
Topic(s): Voter ID
Current Court: US Court of Appeals for the Seventh Circuit

Case Issue:

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.

Latest Status:

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.

Democracy North Carolina v. North Carolina State Board of Elections

EL@M Case Page (last modified September 9, 2020 (9:44 PM))

Date Filed: 4/13/20
State: North Carolina
Topic(s): Voter Registration
Current Court: U.S. District Court District for the Middle District of North Carolina

Case Issue:

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.

Latest Status:

Opinion and Order filed 8/4/20.

Georgia Coalition for the Peoples' Agenda v. Raffensperger

EL@M Case Page (last modified May 27, 2020 (12:52 PM))

Date Filed: 10/11/18
State: Georgia
Topic(s): Voter Registration
Current Court: United States District Court for the Northern District of Georgia

Case Issue:

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

Latest Status:

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

Arizona Republican Party v. Democratic National Committee

EL@M Case Page (last modified September 2, 2020 (9:36 PM))

Date Filed: 4/15/16
State: Arizona
Topic(s): Voter Supression, Absentee Ballots, Provisional Ballots
Current Court: U.S. Supreme Court

Case Issue:

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.

Latest Status:

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.

Ebenezer Baptist Church v. Raffensperger

EL@M Case Page (last modified September 14, 2020 (9:36 PM))

Date Filed: 11/27/18
State: Georgia
Topic(s): Voter Supression
Current Court: U.S. District Court for the Northern District of Georgia

Case Issue:

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

Latest Status:

Motion for Summary Judgment Filed 6/29/20.

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...