Major Pending Election Cases

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.

Democratic National Committee v. North Carolina State Board of Elections

Filing Date:

October 10, 2023

Status:

pending

State:

North Carolina

Most Recent Court:

Middle District of North Carolina (No. 1:23-cv-862)

Issue(s):

Lawsuit challenging two provisions of North Carolina Senate Bill 747. In particular, the lawsuit challenges a provision that requires same-day registrants to provide additional documentation beyond a photo ID, and the undeliverable mail provision. The plaintiffs allege these provisions violate the Due Process Clause, places an undue burden on the right to vote under the 1st and 14th amendment, the Help America Vote Act, Section 11(b) of the VRA, the Civil Rights Act and the North Carolina Constitution's Law of the Land Clause and Free Elections Clause.

Democratic National Committee v. Scanlan

Filing Date:

December 12, 2023

Status:

pending

State:

New Hampshire

Topics:

Ballot Access, Voter ID

Most Recent Court:

Hillsborough Superior Court, Southern District (226-2023-CV-00613)

Issue(s):

The lawsuit challenges New Hampshire SB 418 which puts some limitations on same day voter registration voters. The plaintiffs argue that the bill violates New Hampshire's state constitution including its Due Process clause.

DeVisser v. Benson

Filing Date:

September 28, 2022

Status:

pending

State:

Michigan

Topic:

Polling Place Challengers

Most Recent Court:

Court of Claims in State of Michigan (22-000164-MM); For new filings, see O'Halloran v. Benson (22-000162-MZ)

Issue(s):

Lawsuit challenging several new rules, set by the Secretary of State, concerning partisan election challengers are in violation of state law. These new rules include a requirement that every polling place have a challenger liaison, a restriction that only permits election challengers to communicate with challenger liaison, a regulation authorizing election inspectors to not record impermissible challenges, and a rule allowing challengers to be ejected from failing to follow instructions.

Eakin v. Adams County Board of Elections

Filing Date:

November 7, 2022

Status:

pending

State:

Pennsylvania

Topic:

Mail-In Voting

Most Recent Court:

U.S District Court for the Eastern District of Pennsylvania (1:22-CV-340)

Issue(s):

The Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee and Fetterman for USA filed suit against Pennsylvania's 67 county boards of elections. They challenge the "Date Instruction" which prevents counties from counting undated or wrongly dated mail-in ballots. They argue that not counting these ballots violates the Materiality Provision of the Civil Rights Act. They claim that whether a mail-in ballot is undated or wrongly dated has no materiality as to whether the individual is eligible to vote, because Pennsylvania law determines eligibility based on the date of the election, not the date marking the ballot. The plaintiffs also claim that the Date Instruction violates the First and Fourteenth Amendment by placing an undue burden on the right to vote. The plaintiffs ask that the county boards of elections be prohibited from rejecting undated or wrongly dated mail-in ballots based on the Date Instruction.

Florida State Conference of Branches and Youth Units of the NAACP v. Byrd

Filing Date:

May 24, 2023

Status:

pending

State:

Florida

Topics:

Voter Suppression, Voting Rights Act

Most Recent Court:

United Stated District Court for the Northern District of Florida (No. 4:23-cv-00215-MW-MAF)

Issue(s):

Plaintiffs bring this lawsuit against several provisions of Florida Senate Bill 7050. They argue that a portion of the law, which prohibits noncitizen volunteers from conducting third party registration on behalf of third party voter registration organizations, violates the 1st and 14th amendments. Additionally, Senate Bill 7050 only allows county supervisors to accept requests for mail-in ballots from voters or their family members. Plaintiffs argue that this disproportionally effects young and limited-English voters in violation of Section 208 of the Voting Rights Act.

Genser v. Butler County Board of Elections

Filing Date:

April 29, 2024

Status:

pending

State:

Pennsylvania

Topics:

Ballot Access, Mail-In Voting, Provisional Ballots

Most Recent Court:

The Court of Common Pleas of Butler County, Pennsylvania (No. 4:24-cv-40116)

Issue(s):

Voters in Butler County Pennsylvania are suing to challenge the Butler County Board of Election's decision to reject the provisional ballots of two voters who submitted mail-in ballots without secrecy envelopes. The plaintiffs allege that the Board misinterpreted Pennsylvania Supreme Court precedent and state law by not allowing them to cure or correct their mail-in ballots. They ask the court to strike down the Board's policy of not allowing voters to cure mail-in ballots submitted without secrecy envelopes.

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.

Gonidakis v. Ohio Redistricting Commission

Filing Date:

February 18, 2022

Status:

pending

State:

Ohio

Topics:

Redistricting, Voter Suppression

Most Recent Court:

U.S. District Court for the Southern District of Ohio (2:22-cv-00773)

Issue(s):

Parties seek declaratory and injunctive relief. They ask the court to declare the current state legislative districts violative of the Constitution, and adopt the second plan previously adopted by the Redistricting Commission.

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