Major Pending Election Cases

Black Political Empowerment Project v. Schmidt

Filing Date:

May 28, 2024

Status:

pending

State:

Pennsylvania

Most Recent Court:

Commonwealth Court of Pennsylvania

Issue(s):

Voter-advocacy groups are challenging Pennsylvanian policy disqualifying mail-in votes with incorrect or missing dates on the outside of their envelopes. Plaintiffs seek both declaratory and injunctive relief to deem the aforementioned policy unconstitutional in violation of the Free and Equal Elections Clause of the Pennsylvania State Constitution.

Republican National Committee v. Burgess

Filing Date:

May 3, 2024

Status:

pending

State:

Nevada

Topics:

Ballot Access, Mail-In Voting

Most Recent Court:

United Stated District Court for Nevada (No. 3:24-cv-00198)

Issue(s):

The RNC is challenging a Nevada mail-in ballot law which allows mail-in ballots to be received up to four days after election day and assumes that ballots received within three days of election day were postmarked on election day. They argue that this violates the US Constitutuion and federal law, violates the rights of the RNC's candidates because it cannot prevail when ballots are counted after election day without investing in significant post-election activity and they argue that the law violates an individual's right to vote because it dilutes lawfully submitted votes by counting unlawfully submitted votes. The RNC asks the court to find the mail-in ballot receipt deadline to be unconstitutional and to temporarily and permanently block Nevada from counting ballots received after election day.

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.

Disability Rights Wisconsin vs. Wisconsin Elections Commission

Filing Date:

April 16, 2024

State:

Wisconsin

Most Recent Court:

Dane County Circuit Court

Issue(s):

Advocacy groups are suing the Wisconsin Elections Commission to permit persons with disabilities to cast absentee ballots electronically per the ADA and the federal Rehabilitation Act. Plaintiffs seek injunctive relief to permit electronic voting in the August primary elections and November general election.

Republican National Committee v. Aguilar

Filing Date:

March 18, 2024

Status:

pending

State:

Nevada

Topics:

National Voter Registration Act, Voter Registration

Most Recent Court:

United Stated District Court for Nevada (No. 2:24-cv-00518)

Issue(s):

The RNC is suing Nevada Secretary of State Aguilar challenging the state's voter roll maintenance. They state that at least three counties in Nevada have more active registered voters than adults over the age of 18. The plaintiff argues that this is due to poor voter roll maintenance, in violation of Section 8 of the National Voter Registration Act and asks the court to implement a program to remove ineligible voters from voter rolls.

League of Women Voters of New Hampshire v. Kramer

Filing Date:

March 14, 2024

Status:

pending

State:

New Hampshire

Topics:

Voter Suppression, Voting Rights Act

Most Recent Court:

United Stated District Court New Hampshire (No. 1:24-cv-00073)

Issue(s):

The plaintiffs in the case accuse the defendants of using robocalls with an AI-generated voice of Joe Biden to suppress turnout in New Hampshire's Democratic primary election. They argue that these actions violated Section 11(b) of the Voting Rights Act which prohibits the use of intimidation to keep individuals from voting. Plaintiffs ask the court to issue a permanent, nationwide injunction to prohibit the defendants from taking these actions.

Republican National Committee v. Benson

Filing Date:

March 13, 2024

Status:

pending

State:

Michigan

Topics:

National Voter Registration Act, Voter Registration

Most Recent Court:

United Stated District Court for the Western District of Michigan (No. 1:24-cv-00262)

Issue(s):

The RNC is suing Michigan Secretary of State Benson challenging the state's voter roll maintenance. They state that 53 counties in Michigan have more active registered voters than adults over the age of 18. The plaintiff argues that this is due to poor voter roll maintenance, in violation of Section 8 of the National Voter Registration Act and asks the court to implement a program to remove ineligible voters from voter rolls.

Peterson v. Fontes

Filing Date:

January 31, 2024

Status:

pending

State:

Arizona

Topics:

Early Voting, Voter Suppression

Most Recent Court:

Superior Court of Arizona in Maricopa County (No. CV2024-001942)

Issue(s):

Plaintiffs challenge provisions of Arizona's election procedures manual, specifically provisions related to early voting, voter registration cancellation and certifying elections, violate Arizona's constitution.

Keefer v. Biden

Filing Date:

January 25, 2024

Status:

pending

State:

Pennsylvania

Topic:

Ballot Access

Most Recent Court:

United Stated District Court for the Middle District of Pennsylvania (No. 1:24-cv-00147)

Issue(s):

Lawsuit filed by Republican Pennsylvania Legislators, invoking the independent state legislature doctrine, alleges that Executive Order 14019, which directs the federal government to look into ways to expand voting rights, is unconstitutional. They argue that the order and Pennsylvania Governor Shapiro's implementation of programs to expand voting access violate the Elections Clause. Specifically, they are targeting Shapiro's recent enactment of automatic voter registration.

Trump v. Bellows

SCOTUS Watchlist:

Yes

Filing Date:

January 2, 2024

Status:

resolved

State:

Maine

Topic:

14th Amendment Disqualification

Most Recent Court:

August Superior Court

Issue(s):

Whether former President Trump is disqualified from running for President due to engaging in insurrection or rebellion in violation of section 3 of the 14th Amendment.

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