Major Pending Election Cases

Kohlhaas v. State of Alaska

Filing Date:

December 1, 2020

Status:

resolved

State:

Alaska

Topics:

Non-Party Primary, Ranked Choice Voting

Most Recent Court:

Superior Court for the State of Alaska, Third Judicial District at Anchorage (3AN-20-09532CI)

Issue(s):

Whether Proposition 2, a ballot measure enacted by the voters of Alaska in the November 2020 elections, violates plaintiffs' 1st and 14th Amendment rights to free political association, political expression, free speech, free assembly, and to petition the government for redress of grievances, as well as Article 1, Sections 2, 5, 6, and 22 of the Alaska Constitution. Proposition 2 implements a four-winner non-party primary system and a ranked-choice voting general election system.

In Re: Feehan

SCOTUS Watchlist:

Yes

Filing Date:

December 1, 2020

Status:

resolved

State:

Wisconsin

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration, Voter Fraud

Most Recent Court:

U.S. Supreme Court (20-859)

Issue(s):

Whether the defendants violated the Elections and Electors Clauses of the U.S. Constitution as well as 42 U.S.C. 1983 by contravening requirements in the Wisconsin Statutes such as a provision stating that absentee ballots should not be counted when their certificates are missing a witness address; whether the defendants violated the Equal Protection Clause of the U.S. Constitution in their disparate treatment of absentee vs. mail-in voters; whether the defendants violated the Due Process Clause of the U.S. Constitution by providing guidance in violation of the Wisconsin Statutes and by counting allegedly fraudulent and illegal votes; and whether the defendants' alleged conduct should require the decertification of Wisconsin's Presidential election results

In Re: Bowyer

SCOTUS Watchlist:

Yes

Filing Date:

December 2, 2020

Status:

resolved

State:

Arizona

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration, Voter Fraud

Most Recent Court:

U.S. Supreme Court (20-858)

Issue(s):

Whether the defendants, in the running of Arizona's election, violated the Elections and Electors Clauses, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, in addition to state election law; Allegations include fraud in the counting and fabrication of hundreds of thousands of illegal ballots, including fraud related to the use of Dominion Election Systems' hardware and software in Maricopa County; The complaint includes a request to decertify Arizona's Presidential election results.

Trump v. Wisconsin Elections Commission

SCOTUS Watchlist:

Yes

Filing Date:

December 2, 2020

Status:

resolved

State:

Wisconsin

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration

Most Recent Court:

U.S. Supreme Court (20-883)

Issue(s):

Whether Wisconsin election officials unlawfully departed from the state legislative scheme for appointing Presidential electors; Allegations include (1) ignoring or compromising state law limits on the availability of mail-in ballots, (2) proliferating unmanned mail-in ballot drop boxes, (3) processing and counting vast numbers of mail-in ballots outside the visibility of poll watchers, (4) reducing or eliminating mandatory voter certifications for mail-in ballots, and (5) permitting "ballot tampering"; The plaintiff seeks a declaration that the defendants violated the Electors Clause as well as the Due Process and Equal Protection Clauses of the U.S. Constitution, and for the court to remand the case to the Wisconsin legislature for the purpose of determining a remedy according to its authority under the Electors Clause

Stevenson v. Ducey

Filing Date:

December 3, 2020

Status:

resolved

State:

Arizona

Topics:

2020 Presidential Election Case, Improper Election Administration

Most Recent Court:

Maricopa County Superior Court (CV2020-096490)

Issue(s):

Whether Arizona election officials violated state and federal law in the administration of the state's November election; Among the petition's allegations are that officials did not enforce state law residency requirements, permitted "double voting," and created illegal disparities in ballot and drop box voting in demographically different areas of the state by their use of funds from Facebook CEO Mark Zuckerberg's Center for Tech and Civic Life; The petitioners, who are members of the Arizona Election Integrity Association, ask the court for an injunction preventing the certification of Arizona's Presidential election results and requiring the governor to certify Presidential electors selected by the legislature.

Trump v. Biden

SCOTUS Watchlist:

Yes

Filing Date:

December 3, 2020

Status:

resolved

State:

Wisconsin

Topic:

2020 Presidential Election Case

Most Recent Court:

U.S. Supreme Court (20-882)

Issue(s):

The plaintiffs appeal the recount determinations in Milwaukee and Dane Counties for the offices of President and Vice President.

Metcalfe v. Wolf

Filing Date:

December 4, 2020

Status:

resolved

State:

Pennsylvania

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration

Most Recent Court:

Pennsylvania Commonwealth Court (636 MD 2020)

Issue(s):

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

Trump v. Raffensperger

Filing Date:

December 4, 2020

Status:

resolved

State:

Georgia

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration

Most Recent Court:

Georgia Supreme Court (S21M0561)

Issue(s):

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.

Texas v. Pennsylvania

Filing Date:

December 7, 2020

Status:

resolved

State:

Texas

Topics:

2020 Presidential Election Case, Improper Election Administration

Most Recent Court:

U.S. Supreme Court (22O155)

Issue(s):

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.

Burk v. Ducey

Filing Date:

December 7, 2020

Status:

resolved

State:

Arizona

Topics:

2020 Presidential Election Case, Absentee Ballots, Improper Election Administration, Voter Fraud

Most Recent Court:

United States Supreme Court (20-1243)

Issue(s):

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.

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