Major Pending Election Cases

Arizona Alliance for Retired Americans v. Fontes

SCOTUS Watchlist:

Yes

Filing Date:

August 15, 2022

Status:

pending

State:

Arizona

Topics:

Mail-In Voting, Redistricting

Most Recent Court:

United States Court of Appeals for the Ninth Circuit (No. 22-16490)

Issue(s):

Whether Arizona Senate Bill 1260, which requires county recorders to cancel a voter’s registration if they receive confirmation that the voter is registered to vote in another Arizona county, creates a process to remove voters from the state’s permanent vote-by-mail list if the voter is registered in another county and makes it a felony to forward a mail-in ballot to a voter who may be registered in another state, is constitutional under the First and Fourteenth Amendments.

Asian Americans Advancing Justice-Atlanta v. Raffensperger et al.

Filing Date:

April 1, 2021

Status:

pending

State:

Georgia

Topics:

Absentee Ballots, Voter Suppression

Most Recent Court:

U.S. District Court for the Northern District of Georgia (1:21-cv-01333); For new filings see, In Re: Georgia Senate Bill 202 (1:21-MI-55555-JPB)

Issue(s):

Plaintiffs argue that SB 202's challenged provisions deny AAPI voters full and equal opportunity to participate in the political process, and that through purposeful intent and resulting impact the new law amounts to a violation of Section 2 of the Voting Rights Act, as well as the 14th and 15th Amendments.

Coalition for Good Governance et al. v. Raffensperger et al.

Filing Date:

May 17, 2021

Status:

pending

State:

Georgia

Topics:

Absentee Ballots, Voter Suppression

Most Recent Court:

United States Court of Appeals for the Eleventh Circuit (No. 25-11347)

Issue(s):

A variety of nonprofits and individuals bring a challenge to SB 202 under Section 2 of the Voting Rights Act and the 1st and 14th Amendments. In particular this suit opposes provisions that allow state takeovers of local elections, shorten absentee ballot deadlines, and change absentee ID requirements. Case titled "Coalition for Good Governance, et al v. Secretary of State for the State of Georgia, et al" on appeal.

Colorado Republican Party v. Griswold

Filing Date:

July 31, 2023

Status:

pending

State:

Colorado

Most Recent Court:

Dist. Colorado (No. 1:23-cv-01948)

Issue(s):

Lawsuit challenging Colorado Proposition 108, which allows unaffiliated voters to vote in partisan primaries without declaring a party affiliation. Plaintiffs argue the proposition violates the 1st and 14th amendments.

Concerned Black Clergy of Metropolitan Atlanta et al. v. Raffensperger et al.

Filing Date:

April 27, 2021

Status:

pending

State:

Georgia

Topics:

Absentee Ballots, Voter Suppression

Most Recent Court:

U.S. District Court for the Northern District of Georgia (1:21-cv-01728); For new filings see, In Re: Georgia Senate Bill 202 (1:21-MI-55555-JPB)

Issue(s):

A variety of nonprofits bring a challenge to SB 202 under Section 2 of the Voting Rights Act and the 1st and 14th Amendments.

Democratic National Committee v. Hobbs

SCOTUS Watchlist:

Yes

Filing Date:

August 15, 2022

Status:

pending

State:

Arizona

Topics:

National Voter Registration Act, Voter ID

Most Recent Court:

U.S. District Court for the District of Arizona 2:22-cv-01374-GMS; For new filings, see Mi Familia Vota v. Hobbs (2:22-cv-00509)

Issue(s):

Arizona House Bill 2492 requires Arizonans using federal registration forms to provide documents proving their citizenship and requires election officials to provide the Arizona attorney general with a list of voters who do not provide satisfactory proof of citizenship for investigation. The Plaintiff argues House Bill violates the First and Fourteenth Amendments by placing and undue burden on the right to vote, the Due Process Clause of the Fourteenth Amendment because voters will be denied an equal opportunity as other eligible voters to participate in Arizona's elections, the NVRA's requirement that states only request the minimum information necessary to register a voter, Section 8 of the NVRA by removing voter from the rolls shortly before an election and the Materiality Provision of the Civil Rights Act because birthplace is not material to whether the applicant meets Arizona's voter qualification requirements.

DeVisser v. Benson

Filing Date:

September 28, 2022

Status:

pending

State:

Michigan

Topic:

Polling Place Challengers

Most Recent Court:

Court of Claims in State of Michigan (22-000164-MM); For new filings, see O'Halloran v. Benson (22-000162-MZ)

Issue(s):

Lawsuit challenging several new rules, set by the Secretary of State, concerning partisan election challengers are in violation of state law. These new rules include a requirement that every polling place have a challenger liaison, a restriction that only permits election challengers to communicate with challenger liaison, a regulation authorizing election inspectors to not record impermissible challenges, and a rule allowing challengers to be ejected from failing to follow instructions.

Eakin v. Adams County Board of Elections

Filing Date:

November 7, 2022

Status:

pending

State:

Pennsylvania

Topic:

Mail-In Voting

Most Recent Court:

United States Court of Appeals for the Third Circuit (No. 25-1644)

Issue(s):

The Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee and Fetterman for USA filed suit against Pennsylvania's 67 county boards of elections. They challenge the "Date Instruction" which prevents counties from counting undated or wrongly dated mail-in ballots. They argue that not counting these ballots violates the Materiality Provision of the Civil Rights Act. They claim that whether a mail-in ballot is undated or wrongly dated has no materiality as to whether the individual is eligible to vote, because Pennsylvania law determines eligibility based on the date of the election, not the date marking the ballot. The plaintiffs also claim that the Date Instruction violates the First and Fourteenth Amendment by placing an undue burden on the right to vote. The plaintiffs ask that the county boards of elections be prohibited from rejecting undated or wrongly dated mail-in ballots based on the Date Instruction.

Eakin v. Adams County Board of Elections

Filing Date:

November 7, 2022

Status:

pending

State:

Pennsylvania

Topic:

Mail-In Voting

Most Recent Court:

United States Court of Appeals for the Third Circuit (No. 25-1644)

Issue(s):

The Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee and Fetterman for USA filed suit against Pennsylvania's 67 county boards of elections. They challenge the "Date Instruction" which prevents counties from counting undated or wrongly dated mail-in ballots. They argue that not counting these ballots violates the Materiality Provision of the Civil Rights Act. They claim that whether a mail-in ballot is undated or wrongly dated has no materiality as to whether the individual is eligible to vote, because Pennsylvania law determines eligibility based on the date of the election, not the date marking the ballot. The plaintiffs also claim that the Date Instruction violates the First and Fourteenth Amendment by placing an undue burden on the right to vote. The plaintiffs ask that the county boards of elections be prohibited from rejecting undated or wrongly dated mail-in ballots based on the Date Instruction.

Favorito v. Wan

Filing Date:

December 23, 2020

Status:

pending

State:

Georgia

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration

Most Recent Court:

Fulton County Superior Court (2020CV343938)

Issue(s):

Whether the state violated state constitutional guarantees of due process and equal protection in conducting the Presidential election, and whether petitioner entitled to a visual inspection of all mail-in paper ballots

CASE TRACKER