Major Pending Election Cases

Liebert v. Wisconsin Elections Commission

Filing Date:

October 2, 2023

Status:

resolved

State:

Wisconsin

Most Recent Court:

Western District of Wisconsin (No. 3:23-cv-00672)

Issue(s):

Plaintiffs challenge a Wisconsin law that requires absentee voters to complete their ballots in front of a witness who is a US citizen and can attest to the voter's eligibility. They allege this violates Section 201 of the VRA, which prohibits denying the right to vote on the basis of a "test or device". They also allege that the Wisconsin law violates the materiality provision of the Civil Rights Act.

LaBrant v. Secretary of State

Filing Date:

September 29, 2023

Status:

pending

State:

Michigan

Topic:

14th Amendment Disqualification

Most Recent Court:

Michigan Supreme Court (166373)

Issue(s):

Plaintiffs filed suit arguing that Donald Trump engaged in an insurrection on January 6th, 2021 and is thus disqualified from appearing on the presidential primary or general election ballot under Section 3 of the Fourteenth Amendment. They bring this suit against the Michigan Secretary of State in her official capacity, and ask the court to enjoin the Secretary of State from including Donald Trump on the ballot for the 2024 primary and general elections.

Growe v. Simon

Filing Date:

September 12, 2023

Status:

resolved

State:

Minnesota

Topic:

14th Amendment Disqualification

Most Recent Court:

Minnesota Supreme Court (A23-1354)

Issue(s):

Plaintiffs bring this petition arguing that Donald Trump is disqualified from holding the office of President under Section 3 of the 14th Amendment for engaging in insurrection on January 6th, 2021. They ask the court to enjoin the Michigan Secretary of State from including Donald Trump on the presidential primary or general election ballot.

Ohioans for Reproductive Rights v. Ohio Ballot Board

Filing Date:

August 28, 2023

Status:

resolved

State:

Ohio

Topic:

Ballot Language

Most Recent Court:

Supreme Court of Ohio (No. 2023-1088)

Issue(s):

Lawsuit challenging the ballot language for The Right to Reproductive Freedom with Protections for Health and Safety amendment. Plaintiffs allege that the language drafted by the Ohio Ballot Board "aims improperly to mislead Ohioans" in violation of Ohio law and the Ohio Constitution. Plaintiffs allege the ballot language mischaracterizes the amendment and does not include all the protections that the amendment would grant Ohioans. Additionally, the plaintiffs claim that ballot language's word choice is meant to sway voters against the amendment by, for example, including the term "unborn child" despite the term appearing nowhere in the ballot measure. Plaintiffs ask the court to order the Ohio Ballot Board to reconvene and adopt the full text of the amendment as the ballot language. Alternatively, the plaintiffs ask the court to order the Ohio Ballot Board to adopt language that properly describes the amendment.

Minnesota Voters Alliance v. Ellison

Filing Date:

August 28, 2023

Status:

pending

State:

Minnesota

Topic:

First Amendment

Most Recent Court:

Dist. Minnesota

Issue(s):

The plaintiffs are challenging Minnesota's election misinformation laws which makes it a misdemeanor to knowingly spread false information with the intent to impede or prevent people from voting if issued within 60 days of an election. The plaintiffs bring forth various arguments alleging that the law violates the freedom of speech under the First Amendment.

Babb v. Nessel

Filing Date:

August 11, 2023

Status:

resolved

State:

Michigan

Most Recent Court:

Circuit Court for Oakland County (No. 2023-202028-CZ)

Issue(s):

Lawsuit challenging a Michigan law that makes it a misdemeanor to hire a motor to transport voters to the polls. The plaintiffs allege that this violates the fundamental right to vote enshrined in the Michigan constitution.

Colorado Republican Party v. Griswold

Filing Date:

July 31, 2023

Status:

pending

State:

Colorado

Most Recent Court:

Dist. Colorado (No. 1:23-cv-01948)

Issue(s):

Lawsuit challenging Colorado Proposition 108, which allows unaffiliated voters to vote in partisan primaries without declaring a party affiliation. Plaintiffs argue the proposition violates the 1st and 14th amendments.

Priorities USA v. Wisconsin Elections Commission

Filing Date:

July 20, 2023

Status:

resolved

State:

Wisconsin

Topic:

Absentee Ballots

Most Recent Court:

Dane County Circuit Court (2023CV001900)

Issue(s):

Lawsuit challenging of Wisconsin's three absentee voting rules. Specifically, they challenge Wisconsin's absentee ballot witness requirement, the prohibition on drop boxes, and the deadline for curing errors on absentee ballot envelopes. They also are challenging Wisconsin's interpretation of absentee voting as a privilege and not a right. The plaintiffs ask the court to declare the absentee voting rules to violate the Wisconsin constitution.

Florida Rights Restoration v. DeSantis

Filing Date:

July 19, 2023

Status:

resolved

State:

Florida

Topics:

Voter Suppression, Voting Rights Act

Issue(s):

Lawsuit challenging Florida's system for voting rights restoration and the state's elections police unit. They argue that Florida has failed to inform individuals of their voting eligibility, including whether they have paid all fees and fines as required by state law. The lawsuit also argues that the elections police unit primarily serves to intimidate individuals with prior felony convictions to prevent them from voting. The plaintiffs ask the court to declare Florida's implementation of felony voting rights restoration as in violation of the VRA, as well as the 1st and 14th amendments.

Harris County v. Texas

Filing Date:

July 6, 2023

Status:

resolved

State:

Texas

Most Recent Court:

Travis County Distict Court

Issue(s):

Lawsuit challenging Texas Senate Bill 1750, which abolishes the elections administrator position in Harris county and gives their responsibilities to the county clerk and county tax assessor, two elected officials. The plaintiff argues that the law directly targets Harris county as the law prohibits counties with populations greater than 3.5 million people from creating the office of elections administrator, and Harris county is the only county in Texas with a population greater than 3.5 million. The plaintiff argues that SB 1750 violates several provisions of the Texas constitution.

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