Major Pending Election Cases

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.

Still v. Raffensperger

Filing Date:

December 17, 2020

Status:

resolved

State:

Georgia

Topic:

2020 Presidential Election Case

Most Recent Court:

Fulton County Superior Court (2020CV343711)

Issue(s):

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.

Donald J. Trump for President v. Toulouse Oliver

Filing Date:

December 14, 2020

Status:

resolved

State:

New Mexico

Topic:

2020 Presidential Election Case

Most Recent Court:

U.S. District Court for the District of New Mexico (1:20-cv-01289)

Issue(s):

Whether New Mexico's Secretary of State violated the Electors Clause of the U.S. Constitution by failing to follow the state's election laws enacted by the legislature

O’Rourke v. Dominion Voting Systems, Inc.

Filing Date:

December 12, 2020

Status:

resolved

State:

Colorado

Most Recent Court:

Dist. Colorado (No. 1:20-cv-03747)

Issue(s):

Plaintiffs brought claims against Dominion Voting Systems, Facebook, the Center for Tech and Civic Life and several governors and secretaries of state alleging that they burdened the voting rights of 160 million people during the 2020 election. Specifically, they alleged the defendants changed voting laws without legislative approval, used unreliable voting machines, altered votes, provided illegal methods of voting, and counted illegal votes. The District Court granted the motions to dismiss filed by the defendants.

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.

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