Major Pending Election Cases

Cook v. Cobb County Board of Elections

Filing Date:

November 6, 2022

Status:

resolved

State:

Georgia

Topic:

Mail-In Voting

Most Recent Court:

Superior Court of Cobb County

Issue(s):

Plaintiffs allege that the Cobb County Board of Elections, due to staff error, failed to mail ballots to approximately 1,036 individuals who requested absentee ballots. The plaintiffs argue that his failure violates their fundamental right to vote under the Georgia Constitution. They request a writ of mandamus asking the courts to order the defendants to overnight mail absentee ballots to impacted voters and extend the deadline for these voters to return their ballots until November 14th.

Pennsylvania State Conference of the NAACP v. Schmidt

Filing Date:

November 4, 2022

Status:

pending

State:

Pennsylvania

Topics:

Civil Rights Act, Mail-In Voting

Most Recent Court:

U.S District Court for the Western District of Pennsylvania (No. 1:22-cv-00339)

Issue(s):

On November 1st the Pennsylvania Supreme Court ordered the county boards of elections to not count undated or wrongly dated mail-in ballots. The plaintiffs ask that the defendants be prevented from rejecting these ballots. They argue that the date on which a voter signed their return envelope is immaterial because a ballot's timeliness under Pennsylvania law is determined by when it was received by the county board of elections. Thus, they argue the rejection of the ballots on these grounds violates the Materiality Provision of the Civil Rights Act.

Arizona Alliance for Retired Americans v. Crosby

Filing Date:

October 31, 2022

Status:

resolved

State:

Arizona

Most Recent Court:

Superior Court for the State of Arizona (No. CV 202200518)

Issue(s):

The lawsuit challenges Cochise County's plan to a hand count of all ballots cast before Election Day after a machine has already tabulated them. This is referred to as a "Full Early Ballot Audit". The plaintiff's argue that this plan violates the Arizona Elections Procedure Manual and Arizona law by ignoring required procedures for an audit. Additionally, the plaintiffs claim that the plan would disrupt and delay the county and state's certification.

Elkin v. Philadelphia City Commissioners

Filing Date:

October 27, 2022

Status:

resolved

State:

Pennsylvania

Topics:

Absentee Ballots, Mail-In Voting, Poll Books

Most Recent Court:

Court of Common Pleas of Philadelphia County

Issue(s):

A challenge alleging that Philadelphia is not properly conducting its poll book reconciliation process, by printing the poll books before election day, which will result in them failing to reflect all mail-in and absentee ballots.

Karamo v. Winfrey

Filing Date:

October 26, 2022

Status:

resolved

State:

Michigan

Topic:

Absentee Ballots

Most Recent Court:

Circuit Court of Wayne County

Issue(s):

Lawsuit challenging several aspects of Detroit's system of absentee ballot administration. It claims that absentee ballots can only be requested in person, not by mail or online, that the individual requesting the absentee ballot must verify their identity in person, and that the absentee ballots must be submitted to an election clerk in person.

League of Women Voters of Arizona v. Lions of Liberty

Filing Date:

October 25, 2022

Status:

resolved

State:

Arizona

Topic:

Voting Rights Act

Most Recent Court:

U.S. District Court for the District of Arizona (CV-22-08196-PCT-MTL); For new filings, see Arizona Alliance for Retired Americans v. Clean Elections USA (CV-22-01823-PHX-MTL)

Issue(s):

Lawsuit asking the court to temporarily and permanently prevent the defendants from intimidating Arizona voters. The plaintiffs allege that the defendants have planned and engaged in voter intimidation by filming and/or following voters attempting to deposit their mail-in ballots in drop boxes. The plaintiffs also allege that two armed individuals dressed in tactical were "onsite" at a drop box. The plaintiffs contend the defendants are violating section 11(b) of the VRA and section 2 of the Ku Klux Klan Act.

Arizona Alliance for Retired Americans v. Clean Elections USA

Filing Date:

October 24, 2022

Status:

resolved

State:

Arizona

Topic:

Voting Rights Act

Most Recent Court:

U.S. District Court for the District of Arizona (CV-22-01823-PHX-MTL)

Issue(s):

Plaintiffs allege that Clean Elections USA's supporters gathered at ballot drop boxes with the intent of deterring voters from depositing their ballots. The plaintiffs cite a voter complaint that they were filmed and photographed while approaching a drop box. They also cite an incident where the Maricopa County Sherriff's office responded to a report of two armed individuals in tactical gear near a drop box. The plaintiffs argue the defendants are in violation of section 11(b) of the VRA and the Ku Klux Klan Act.

Ball v. Chapman

Filing Date:

October 16, 2022

Status:

resolved

State:

Pennsylvania

Topic:

Mail-In Voting

Most Recent Court:

Pennsylvania Supreme Court (No. 102 MM 2022)

Issue(s):

A lawsuit brought by the Republican National Committees and Pennsylvania Republican Party against the Pennsylvania Secretary of State challenging guidance that allows election officials to count undated or incorrectly dated mail-in ballots if they were received on time. The petitioners claim that the guidance violates the Pennsylvania Election Code, which they argue requires undated or incorrectly dated mail-in ballots to be disqualified.

Republican National Committee v. Richer

Filing Date:

October 5, 2022

Status:

resolved

State:

Arizona

Topic:

Poll Workers

Most Recent Court:

Superior Court of Arizona in Maricopa County (CV 2022-013185)

Issue(s):

Lawsuit filed by the Republican National Committee and Republican Party of Arizona against Maricopa County officials alleging that the county violated the requirements of the Arizona Equal Access Statutes by imposing strict restrictions on elections workers. The plaintiffs argue that these restrictions made it harder for Republicans to participate in election administration. They point to eleven voting centers in Maricopa County that have not Republican poll workers and that the defendants failed to contact the Republican Party to discuss and remedy shortfalls in the number of Republican election workers. The plaintiffs also allege Maricopa County imposed onerous requirements , including minimum hours and minimum durational requirements, that deter citizens from participating in the administration of elections.

O’Halloran v. Benson

Filing Date:

September 28, 2022

Status:

resolved

State:

Michigan

Topic:

Polling Place Challengers

Most Recent Court:

Michigan Supreme Court (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.

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