Case Updates: Week of Nov. 23-27

29 Nov Case Updates: Week of Nov. 23-27

Arizona:

• In Ward v. Jackson, the plaintiff, who is the chair of the Arizona Republican Party, filed a statement of election contest in Maricopa County Superior Court alleging that election officials failed to allow observation of the voter signature verification process as required by Arizona law, and that she should be entitled to a reasonable inspection of signatures. The plaintiff asks the court to annul Arizona’s election and declare the state’s certification of Biden electors to have no legal effect.

Georgia:

• In Pearson v. Kemp, a legal team led by Sidney Powell filed a complaint in federal district court alleging that election officials violated state and federal law in the running Georgia’s election. The allegations are wide-ranging and include that officials allowed non-residents to vote in the state, failed to develop auditable procedures for processing absentee ballots, did not provide meaningful access to party observers of the electoral process, and used equipment and software of Dominion Voting Systems that resulted in statewide ballot fraud.
• In Wood v. Raffensperger, the plaintiffs filed a complaint in Fulton County Superior Court, alleging that election officials violated state and federal law in how they administered the November election. Allegations involve how officials used funds received from Facebook CEO Mark Zuckerberg’s Center for Tech and Civic Life as well as a settlement agreement entered into by the state regarding absentee ballots. The plaintiffs seek the decertification of Georgia’s Presidential election results.
• In another case titled Wood v. Raffensperger, the plaintiffs appealed a decision of a federal district judge issued last week in which the judge denied the plaintiffs’ emergency motion to halt the certification of Georgia’s Presidential election results. The plaintiffs filed their initial brief in the Eleventh Circuit U.S. Court of Appeals, asking for a determination that the results of the Presidential election in Georgia were defective due to unlawful procedures regarding absentee ballots.

Michigan:

• In Costantino v. City of Detroit, the Michigan Supreme Court denied plaintiffs’ application for leave to appeal a court of claims judge’s decision. The judge denied plaintiffs’ motion for an order blocking the certification of election results in Wayne County. The plaintiffs had made allegations of fraud and misconduct related to the counting of ballots at the TCF Center in Detroit.
• In King v. Whitmer, a legal team led by Sidney Powell filed a complaint in federal district court alleging that election officials violated various state and federal laws in running Michigan’s election. Allegations include denying meaningful access to observe the counting of votes and permitting widespread voter fraud due to the use of Dominion Voting Systems machines and software. The plaintiffs ask for the decertification of Michigan’s Presidential election results.
• In Johnson v. Benson, a petition was filed in the Michigan Supreme Court alleging that the way in which election officials conducted the election violated the U.S. and Michigan Constitutions. The petitioners ask the court to enjoin the certification of Michigan Presidential election results, as well as for a statewide election audit and the appointment of a special master to investigate fraud and irregularities.

Pennsylvania:

• In Donald J. Trump for President v. Boockvar, the Third Circuit U.S. Court of Appeals affirmed the decision of a district judge dismissing a lawsuit brought by the Trump campaign that sought to block the certification of Pennsylvania’s Presidential election results. The campaign had alleged that election officials failed to provide legally required access to the ballot-counting process and permitted residents to “cure” ballots in some counties but not in others.
• In Kelly v. Commonwealth, the Pennsylvania Supreme Court vacated a Commonwealth Court order that had preliminarily prevented further action by the state in certifying the Presidential election results. The Pennsylvania Supreme Court dismissed the petition brought by Pennsylvania Republican legislators challenging the 2019 bipartisan bill that established mail-voting for the state.
• Ruling on the consolidated Philadelphia and Allegheny County cases of In Re: Canvass of Absentee and Mail-In Ballots and In Re: 2,349 Ballots in the 2020 General Election, the Pennsylvania Supreme Court determined that the state election code does not require counties to disqualify mail-in ballots of voters who signed the outer envelope but neglected to handwrite their name, their address, or the date.

Wisconsin:

• In Wisconsin Voters Alliance v. Wisconsin Elections Commission, the Wisconsin Voters Alliance filed a petition for original action in the Wisconsin Supreme Court asserting that the Wisconsin Elections Commission and other election officials illegally circumvented the state’s absentee voting laws, in part by how officials used funds received from Facebook CEO Mark Zuckerberg’s Center for Tech and Civic Life. The petitioners ask the court to void Wisconsin’s election results.
• In Mueller v. Wisconsin Election Commissioners, a petition was filed in the Wisconsin Supreme Court alleging that the Wisconsin Elections Commission communicated illegal interpretations of state law to county clerks regarding the use of absentee ballot drop boxes. The petitioners ask the court to enjoin the certification of Wisconsin’s election results.