Case Updates: Week of Sept. 7-11, 2020

12 Sep Case Updates: Week of Sept. 7-11, 2020

There have been many developments in election litigation this week, the first week after Labor Day and the beginning of the election season in earnest. See below for details on significant filings.

Arizona

• In Arizona Democratic Party v. Hobbs, the district court granted plaintiffs’ motion for a preliminary injunction, requiring the state to extend the time for voters to provide missing signatures on their mail-in ballots.

Florida

• In Jones v. DeSantis, a divided 11^th Circuit Court of Appeals ruled in favor of the state of Florida in a dispute over felon voting rights.

Georgia

• In Black Votes Matter Fund v. Raffensperger, plaintiffs filed a notice of appeal in the 11^th Circuit Court of Appeals. Last month, a district court judge granted defendants’ motion to dismiss the complaint, which alleged that requiring paid postage for absentee voting creates an unconstitutional “poll tax.”

Ohio

• In A. Philip Randolph Institute v. LaRose, President Trump’s campaign filed a motion to intervene and supporting memo. This case involves absentee ballot drop-boxes. Last week, a federal district judge in another Ohio case, League of Women Voters of Ohio v. LaRose, granted a motion to intervene by the Trump campaign. That case involves absentee ballot signature mismatching.
• In Ohio Democratic Party v. LaRose, a state court judge granted the plaintiffs’ motion for a preliminary injunction, ruling that voters could send absentee ballot applications by email or fax, in addition to regular mail. Election Law at Ohio State will begin tracking this case.

Pennsylvania

• In Trump v. Boockvar, a federal district judge denied preliminary relief to the Trump campaign, which had asked that all ballots deposited in drop-boxes be segregated and not comingled with other ballots. In the related case of Crossey v. Boockvar, the Supreme Court of Pennsylvania is currently considering whether drop-boxes are permissible under Pennsylvania law, in addition to other issues related to absentee voting.

Texas

• In Texas Democratic Party v. Abbott, the Fifth Circuit Court of Appeals rejected the plaintiffs’ argument that a Texas statute allowing only those over 65 to vote by mail without excuse constituted age discrimination in violation of the 26^th

Wisconsin

• In Hawkins v. Wisconsin Elections Commission, the Wisconsin Supreme Court issued an order preventing the Wisconsin Elections Commission from mailing absentee ballots to voters until the court determines whether Green Party President and Vice-President candidates should be included on the ballot.