CASE TRACKER

The petitioners—Fulton County officials—file an emergency motion under Federal Rule of Criminal Procedure 41(g) seeking the return of approximately 656 boxes of original 2020 election records seized by federal authorities, arguing that the seizure was unlawful and violated multiple constitutional and structural principles. They contend the search warrant was based on repeatedly debunked claims of voter fraud and relied on statutes that either only authorize inspection of records or are time-barred, making the seizure unreasonable under the Fourth Amendment. The motion also argues that removing sealed election records from the county clerk intrudes on Georgia’s constitutional authority to administer elections, thereby violating principles of state sovereignty and federalism. Additionally, the petitioners claim the seizure threatens voters’ First Amendment rights by potentially exposing sensitive voter information and creating a chilling effect on participation. They further assert that the federal government improperly used a criminal warrant to bypass ongoing civil litigation over the same records and that Fulton County, as the lawful custodian of the materials, is suffering ongoing harm because it cannot perform its statutory duties while the records remain in federal custody; accordingly, they request the immediate return of the original materials and access to the affidavit supporting the warrant.

Plaintiffs Red Wine & Blue and the Ohio Alliance for Retired Americans filed suit against Ohio Secretary of State Frank LaRose and Registrar of Motor Vehicles Charles Norman in the U.S. District Court for the Northern District of Ohio, challenging a provision in the 2025 Transportation Appropriations Bill (HB 54) that requires individuals applying for or renewing a driver’s license at the Bureau of Motor Vehicles to present unspecified “proof of United States citizenship” before being offered the opportunity to register to vote. The complaint alleges that this proof-of-citizenship requirement violates Sections 5 and 8 of the National Voter Registration Act (NVRA), which allow only the “minimum information necessary” to assess voter eligibility and preempt state laws that impose additional documentation requirements beyond a sworn attestation of citizenship under penalty of perjury, as well as the First and Fourteenth Amendments because the statute is impermissibly vague and invites arbitrary enforcement. Plaintiffs contend that the law unlawfully restricts the right to vote, disproportionately burdens women, older voters, and students who may lack immediate access to documents like passports or birth certificates, and conflicts with longstanding federal and Ohio practices allowing voter registration based solely on attestation. The complaint further argues that Ohio’s legislature added the nine-line amendment to HB 54 without hearings or justification, despite no evidence of significant noncitizen voting in Ohio—citing the Secretary of State’s own investigations yielding only a handful of prosecutions out of millions of votes cast. Both organizations allege the law undermines their missions to promote civic participation and forces them to divert resources to help members overcome these new barriers. The plaintiffs seek declaratory and injunctive relief barring enforcement of HB 54’s proof-of-citizenship provision, as well as attorneys’ fees and any other appropriate remedies.