Major Pending Election Cases

Abhiraman v. State Election Board

Filing Date:

August 26, 2024

Status:

pending

State:

Georgia

Most Recent Court:

Superior Court of Fulton County

Issue(s):

The DNC is filing suit against the Georgia State Election board to challenge the recently-enacted "Reasonable Inquiry Rule" for election certifications. Plaintiffs argue that the rule violates Georgia state law mandating election result certification before a deadline, seeking either declaratory relief rendering the rule invalid or injunctive relief limiting the scope of inquiries in order to ensure election certification can be accomplished by deadline.

American Encore v. Fontes

Filing Date:

July 8, 2024

Status:

pending

State:

Arizona

Most Recent Court:

United States Court of Appeals for the Ninth Circuit (No. 24-6703)

Issue(s):

American Encore and other plaintiffs are challenging Arizona policy prohibiting political activity near polling sites and permitting the Arizona Secretary of State to conduct voting canvasses and certify statewide election results. Plaintiffs allege said policies violate the First Amendment and Fourteenth Amendment of the U.S. Constitution. Plaintiffs seek injunctive relief to prevent the enforcement of the contested policies.

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.

Baxter v. Philadelphia County Board of Elections

Filing Date:

September 23, 2024

Status:

pending

State:

Pennsylvania

Topic:

Mail-In Voting

Most Recent Court:

Pennsylvania Supreme Court (1305 CD 2024 and 1309 CD 2024)

Issue(s):

Whether the Philadelphia County Board of Elections decision not to count 69 undated or incorrectly dated mail-in ballots violates the free and equal elections clause set forth in article I, section 5 of the Pennsylvania Constitution

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 (Docket 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.

Cooper v. Berger

Filing Date:

October 17, 2023

Status:

pending

State:

North Carolina

Most Recent Court:

Wake County Superior Court (23CV029308-910)

Issue(s):

Lawsuit challenging several provisions of Senate Bill 749. Specifically it challenges a provision that removes the governor's power to appoint members to the state board of elections and grants it to the legislature instead. The complaint also challenges a provision which requires the state board of elections to have an even number of Republicans and Democrats. Additionally, the plaintiff challenges a provision of the law which changes the composition of the state's county election boards to be four member bipartisan boards appointed by lawmakers. The complaint alleges Senate Bill 749 prevents the governor from exercising his duty "to ensure that the laws are faithfully executed" and violates the North Carolina Constitution.

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.

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