Major Pending Election Cases

VoteAmerica et al. v. Raffensperger et al.

Filing Date:

April 7, 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-01390)

Issue(s):

VoteAmerica, Voter Participation Center, and Center for Voter Information are nonprofit organizations that assist voters in navigating the political process. They bring a challenge to SB 202 under the 1st and 14th 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.

Georgia State Conference of the NAACP et al. v. Raffensperger

Filing Date:

March 25, 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-01259); For new filings see, In Re: Georgia Senate Bill 202 (1:21-MI-55555-JPB)

Issue(s):

Plaintiffs (Georgia State Conference of the NAACP, Georgia Coalition for the People's Agenda, League of Women Voters of Georgia, Galeo Latino Community Development Fund, Common Cause, and the Lower Muskogee Creek Tribe) seek declarative and injunctive relief challenging several provisions of Georgia SB 202 under the 1st, 14th, and 15th Amendments, and Section 2 of the Voting Rights Act. Restrictions in the bill include new ID requirements for absentee voting, invalidating ballots cast in the wrong precinct, banning non-poll workers from providing food and drink to voters waiting in line, and more.

Sixth District of the AME Church v. Kemp

Filing Date:

March 25, 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-02184); For new filings see, In Re: Georgia Senate Bill 202 (1:21-MI-55555-JPB)

Issue(s):

Plaintiffs challenge several provisions of Georgia SB 202 as violative of the 14th Amendment and Section 2 of the Voting Rights Act. AME Church points in particular to the importance of early and weekend voting, especially Sundays, when churches encourage voting through "Souls to the Polls" events. Plaintiffs argue that each of SB 202's challenged provisions independently make it more difficult for historically disenfranchised communities to vote, and cumulatively, impose an even more severe burden.

New Georgia Project et al. v. Raffensperger

Filing Date:

March 25, 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-01229); For new filings see, In Re: Georgia Senate Bill 202 (1:21-MI-55555-JPB)

Issue(s):

New Georgia Project, Black Voters Matter Fund, and RISE, Inc. challenge SB 202, a voting bill that passed in the aftermath of the 2020 election. The bill prohibits third parties (including voter engagement organizations) from collecting absentee ballot applications, restricts use of absentee drop boxes, bans mobile polling places, prohibits the state from distributing unsolicited absentee ballot applications, invalidates ballots cast before 5:00 pm by voters in a precinct other than the one to which they were assigned, and more. Plaintiffs challenge SB 202 as an undue burden on the right to vote, in violation of the 1st and 14th Amendments.

Trump v. Kemp

Filing Date:

December 31, 2020

Status:

resolved

State:

Georgia

Topic:

2020 Presidential Election Case

Most Recent Court:

U.S. District Court for the Northern District of Georgia (Case 1:20-cv-05310)

Issue(s):

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

Gohmert v. Pence

Filing Date:

December 27, 2020

Status:

resolved

State:

Texas

Topic:

2020 Presidential Election Case

Most Recent Court:

U.S. Supreme Court (20A115)

Issue(s):

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.

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

Wisconsin Voters Alliance v. Pence

Filing Date:

December 22, 2020

Status:

resolved

State:

District Of Columbia

Topic:

2020 Presidential Election Case

Most Recent Court:

U.S. District Court for the District of Columbia (1:20-cv-03791)

Issue(s):

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

Wood v. Raffensperger

SCOTUS Watchlist:

Yes

Filing Date:

December 18, 2020

Status:

resolved

State:

Georgia

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration

Most Recent Court:

United States Supreme Court (20-887)

Issue(s):

Whether Georgia's Secretary of State unlawfully abrogated the Georgia legislature's statutory mail-in absentee ballot signature verification procedure or prohibition on opening absentee ballots before Election Day. Plaintiffs also argue Defendants unlawfully installed unauthorized ballot drop boxes not permitted under the legislature's election law framework, and used unreliable and compromised Dominion Voting Systems software. Complaint is raised under Equal Protection and Due Process of the 14th Amendment, and the Guarantee Clause of Article IV, Section 4 of the Constitution. Plaintiff seeks injunctive and declaratory relief halting Georgia's senatorial runoff election because Defendants are conducting it in a manner that differs from the state legislature's election scheme.

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