U.S. District Court for the Northern District of Georgia (Case 1:20-cv-05310)
Whether the defendants violated the U.S. Constitution by deviating from the "manner" that the Georgia legislature established for choosing Presidential electors, and whether the court should issue an injunction directing the defendants to decertify the results of the November election
Whether the elector dispute resolution provisions of the Electoral Count Act, 3 U.S.C. 5 and 3 U.S.C. 15, violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution; The plaintiffs ask for a declaratory judgment finding that under the Twelfth Amendment Vice President Pence has exclusive authority and sole discretion to determine which electoral votes to count for a given state.
U.S. District Court for the District of Columbia (1:20-cv-03791)
Whether portions of the Electoral Count Act violate Article II of the U.S. Constitution by restricting state legislatures' prerogative to post-election certification of Presidential electors; Whether laws in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin are unconstitutional delegations of post-election Presidential elector certification duties to executive branch officials when Article II requires these certifications to be made by state legislatures; Whether the court should enjoin Vice President Pence from counting Presidential elector votes unless state legislatures affirmatively vote to certify their states' Presidential electors
Whether the respondents violated the Georgia Constitution and election statutes in the running of the November election; The petitioners seek the decertification of all election results in Coffee County as well as the Presidential election results statewide.
Whether non-legislative actors in Pennsylvania, Georgia, Michigan, and Wisconsin "amended" those states' election laws in violation of the Electors Clause of the U.S. Constitution; Whether differences in how election officials treated voters within the state depending on whether the local government was under Democratic or Republican control violated the Equal Protection Clause of the U.S. Constitution; Whether election officials violated the Due Process Clause of the U.S. Constitution by lowering election standards such as by counting invalid ballots and not counting valid ballots; The plaintiff asks the Court to enjoin the use of the allegedly unlawful election results in these states, and remand the matter to the respective state legislatures for the appointment of Presidential electors consistent with the Electors Clause.
Whether the defendants violated the Elections and Electors Clauses, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, in addition to Arizona law, in administering Arizona's election; Allegations include the counting of unlawful absentee and mail-in ballots that violated standards set by the legislature and led to widespread voter fraud; The plaintiff seeks the decertification of Arizona's Presidential election results or the exclusion of unlawful absentee and mail-in ballots from the count.
Whether the court should issue a writ of mandamus ordering Governor Wolf to withdraw his certification of Pennsylvania's Presidential election results, as well as a temporary restraining order preventing the state's Democratic Presidential electors from casting votes in the Electoral College; The plaintiffs set forth various allegations in support of their complaint, including that the defendants failed to implement recommendations provided in a Performance Audit Report conducted by the Department of the Auditor General, and that the defendants disregarded the Pennsylvania election code in authorizing the counting of defective absentee and mail-in ballots
Whether the respondents violated the Georgia Constitution and election code in the administration of Georgia's November election; Allegations include violating state law regarding signature matching to confirm the identity of absentee voters, violating the petitioner's fundamental right to a transparent and open election, permitting misconduct, fraud, and widespread irregularities in multiple counties, conspiring to disregard the Georgia election code and substitute their own "unlawful edicts," violating the Georgia Constitution's Equal Protection provision by failing to establish a uniform procedure across counties for absentee ballot signature matching, and violating the Due Process provision of the Georgia Constitution by allowing the counting of illegal votes; The petitioner asks the court for an immediate audit of signatures on absentee ballot applications and ballots, and a declaration that Georgia's Presidential election results are null and void; Further, the petitioner seeks an order preventing the certification of Georgia's Presidential election results.
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