|
ARIZONA
Arizona Free Enterprise Club v. Fontes, No. S1300CV2023-00202 (Yavapai Cnty. Superior Ct.). The Arizona Free Enterprise Club, Restoring Trust and Integrity in Elections (RITE), and Arizona GOP filed a lawsuit against the Secretary of State for authorizing the use of signatures that do not appear in a voter’s registration record to conduct signature-matching. On September 1, 2023, the court denied the Secretary’s motion to dismiss.
Mi Familia Vota v. Fontes, No. 2:21-cv-01423-DWL (D. Ariz.) (“MFV I ”). Plaintiffs filed this lawsuit in August 2021 challenging SB 1485, which authorizes the removal of voters from the permanent early voting list if they do not vote an early ballot in two consecutive election cycles and fail to confirm that they want to continue receiving early ballots. The RNC and NRSC are intervenor-defendants. The court dismissed plaintiffs’ challenge to SB 1003, which requires voters who submit an early ballot without a signature to cure the deficiency by 7:00 pm on Election Day. The case is currently in discovery.
Mi Familia Vota v. Fontes, No. 2:22-cv-00509-SRB (D. Ariz.) (“MFV II”). These consolidated lawsuits challenge HB 2492, which requires individuals who register to vote using the National Voter Registration Form to provide proof of citizenship in order to vote in presidential elections or vote early by mail, and HB 2243, which requires county recorders to remove non-citizens from voter rolls. The RNC is an intervenor-defendant. Update: On September 14, 2023, the court granted summary judgment for plaintiffs on their claims that the NVRA preempts the proof-of-citizenship requirement and the non-citizen removal provision. Trial is set to begin on remaining claims on November 6, 2023.
Arizona Alliance for Retired Americans v. Fontes , No. 2:22-cv-01374-GMS (D. Ariz.). Plaintiffs challenge provisions of SB 1260, which modifies the criteria for voter registration cancellations and removals of voters from the active early voting list and imposes penalties for aiding illegal voting. The Yuma County Republican Party is an intervenor-defendant. The court preliminarily enjoined two provisions of the law in September 2022. That decision was appealed to the Ninth Circuit. The appeal is fully briefed and argued.
COLORADO
Vet Voice Foundation v. Griswold, No. 2022-cv-033456 (2d Jud. Dist.). Plaintiffs challenge Colorado’s use of signature matching under the Colorado Constitution. The court denied the state’s motion to dismiss. Individuals supported by RITE, including RNC National Committeewoman Vera Ortegon, are intervenor-defendants.
FLORIDA
League of Women Voters v. Lee , No. 4:21-cv-00186-MW (N.D. Fla.). Plaintiffs filed numerous lawsuits challenging SB 90, a Florida election integrity law. The lawsuits were consolidated with the above-captioned case. The RNC and NRSC are intervenor-defendants. In March 2022, the district court enjoined several provisions of the law, including restrictions on the use of absentee ballot drop boxes, regulations on the activities of third-party voter registration organizations, and prohibition on soliciting voters in polling places or near drop boxes. The court also imposed preclearance requirements on Florida under Section 3(c) of the Voting Rights Act.
The Eleventh Circuit mostly reversed the district court. See League of Women Voters v. Fla. Sec’y of State , No. 22-11143 (11th Cir. Apr. 27, 2023). The court held that the challenged provisions were not racially discriminatory in violation of the Fourteenth and Fifteenth Amendments or the Voting Rights Act and reversed the district court’s preclearance decision. The Eleventh Circuit partially affirmed the district court’s holding that the solicitation ban is unconstitutionally vague. The court remanded the issue of whether any of the challenged provisions violate the constitutional right to vote for decision by the district court in the first instance. Plaintiffs filed a petition for rehearing en banc, which remains pending.
Vote.org v. Byrd, No. 4:23-cv-00111-AW (N.D. Fla.). Plaintiffs challenge Florida’s law requiring wet signatures on voter registration applications under the Materiality Provision of the Civil Rights Act of 1964. The RNC and Republican Party of Pasco County are intervenor-defendants. Motions to dismiss are currently pending. The United States has filed a statement of interest in the case.
Florida State Conference of Branches and Youth Units of the NAACP v. Byrd, No. 4:23-cv-00215-MW (N.D. Fla.). Plaintiffs in consolidated cases challenge provisions of SB 7050 barring noncitizens and felons from conducting voter registration activities and prohibiting third-party voter registration organizations from retaining a voter’s personal information. The district court preliminarily enjoined the provisions banning non-citizens from registering voters and retention of voter information. The state has appealed to the Eleventh Circuit.
GEORGIA
In re Georgia Senate Bill 202 , No. 1:21-MI-55555-JPB (N.D. Ga.). This consolidated case consists of six lawsuits challenging SB 202, a Georgia election integrity law. The RNC, NRSC, NRCC, and Georgia GOP are intervenor-defendants. Attempts to preliminarily enjoin provisions of the law before the 2022 general election were denied. In August 2023, the district court preliminarily enjoined the law’s requirement that absentee voters include their birthdate on ballot envelopes and some of the prohibitions on providing food, drink, and gifts to voters in line at a polling place. The court denied a motion to preliminarily enjoin the law’s ballot harvesting and drop box restrictions under federal disability law. Other preliminary injunction motions are pending. Update: A hearing will be held on September 22, 2023, on DOJ’s motion for a preliminary injunction raising intentional discrimination claims. Summary judgment motions are due October 26, 2023.
Coalition for Good Governance v. Raffensberger, No. 1:21-CV-02070-JPB (N.D. Ga.). Plaintiffs in this unconsolidated case challenge certain provisions of SB 202, including the provision authorizing the State Election Board to temporarily suspend election superintendents who commit multiple violations of election law over multiple cycles. The RNC, NRSC, NRCC, and Georgia GOP are intervenor-defendants. The state’s motion for summary judgment is pending.
Vote America v. Raffensperger, No. 1:21-CV-1390-JPB (N.D. Ga.). Plaintiffs in this unconsolidated case challenge certain provisions of SB 202, including its prohibitions on pre-filled absentee ballot applications sending applications to voters who already applied for an absentee ballot and its requirement that absentee ballot applications provided by third parties include disclaimers. The RNC, NRSC, NRCC, and Georgia GOP are intervenor-defendants. The state’s motion for summary judgment is pending.
Vote.org v. Georgia State Election Board, No. 1:22-CV-01734-JPB (N.D. Ga.). Plaintiffs challenge Georgia’s law requiring a wet signature on absentee ballot applications. The RNC and Georgia GOP are intervenor-defendants. The state’s motion to dismiss was denied in March 2023.
IOWA
League of United Latin American Citizens of Iowa v. Pate, No. 05771 CVCV061476 (Polk Cnty. Dist. Ct.). Plaintiffs challenge provisions of SF 413 and SF 568, including provisions banning absentee ballot harvesting and drop boxes. The RNC, NRSC, NRCC, and Iowa GOP are intervenor-defendants. The trial date has been postponed while the Iowa Supreme Court resolves a discovery dispute between the parties. Update: The Iowa Supreme Court heard oral argument on the discovery dispute on September 14, 2023.
KANSAS
League of Women Voters of Kansas v. Schwab, No. 2021-cv-000299 (Shawnee Cnty. Dist. Ct.). Plaintiffs challenged two election integrity laws, HB 2183 and HB 2332. The district court dismissed most of the plaintiffs’ claims. Plaintiffs appealed to the Kansas Court of Appeals, which held that election laws are subject to strict scrutiny under the Kansas Constitution and that the law’s ballot-harvesting ban and signature-verification requirements are unconstitutional. The case is currently on appeal to the Kansas Supreme Court.
VoteAmerica v. Schwab, No. 2:21-cv-02253-KHV (D. Kan.). Plaintiffs challenge Kansas’s ban on out-of-state persons distributing mail ballot applications and on sending voters pre-filled applications. The district court enjoined these provisions. The case is on appeal to the Tenth Circuit.
MAINE
Public Interest Legal Foundation v. Bellows, No. 1:20-cv-00061-GZS (D. Me.). Plaintiff challenges Maine’s restrictions on the procurement and use of the state’s list of registered voters. The district court held that the challenged provisions were preempted by the National Voter Registration Act. The state has appealed the decision to the First Circuit.
MONTANA
Montana Democratic Party v. Jacobsen, No. DV 21-0451 (13th Jud. Dist. Ct.). Plaintiffs in this consolidated case challenge several provisions of Montana law, including the ban on same-day voter registration, voter ID requirements, and ban on paid ballot collection. The district court held that these laws violate the Montana Constitution. The state has appealed to the Montana Supreme Court, where RITE and Lawyers Democracy Fund have filed amicus briefs in support of the state.
MICHIGAN
Babb v. Nessel, No. 2023-202028-CZ (Oakland Cnty. Cir. Ct.). Plaintiffs challenge Michigan’s ban on paid busing to polling places as a violation of Michigan Constitution. A federal court upheld this and other laws in a case where the RNC and the Michigan Republican Party intervened.
DeVisser v. Benson, No. 22-000164 (Mich. Ct. Cl.). Plaintiffs, which include the RNC and Michigan GOP, challenge Secretary of State regulations restricting the rights of poll watchers. The court of claims struck down many of the regulations before the 2022 election, but the Michigan Supreme Court stayed that decision pending appeal, so the regulations remained in effect during the 2022 election. The state’s appeal is pending in the Michigan Court of Appeals.
Michigan Republican Party v. Donahue, No. 22-118123-AW (Genesee Cnty. Cir. Ct.). The RNC and Michigan GOP filed suit after the City of Flint failed to hire an equal number of Republican and Democrat poll workers for the November 2022 election. The court dismissed the lawsuit for lack of standing, but Plaintiffs have appealed to the Michigan Court of Appeals.
MISSISSIPPI
Disability Rights Mississippi v. Fitch, No.: 3:23-CV-350-HTW-LGI (S.D. Miss.). Plaintiffs challenge a Mississippi law restricting ballot-harvesting as a violation of Section 208 of the Voting Rights Act. In July 2023, the district court granted Plaintiffs’ motion for a preliminary injunction. On August 29, 2023, the state appealed the district court’s order to the Fifth Circuit.
NEW HAMPSHIRE
603 Forward v. Scanlan, No. 226-2022-CV-00233 (Hillsborough Superior Ct.). Plaintiffs challenge SB 418, which requires voters registering on Election Day who do not provide acceptable ID to vote by provisional ballot and submit proof of their identity within seven days. The NH Republican State Committee is an intervenor-defendant. The state’s motion to dismiss is pending.
NEW YORK
Fossella v. Adams, No. 85007/2002 (Richmond Cnty. Sup. Ct.). The RNC, New York GOP, and a bipartisan coalition of officeholders and concerned citizens, challenged a New York City law allowing non-citizens to vote in city elections. The trial court granted summary judgment to Plaintiffs, holding that the city’s law violates state law. Defendants’ appeal is pending.
NORTH DAKOTA
Splonskowski v. White, No. 1:23-cv-00123-DMT (D.N.D.). Plaintiff, a county elections administrator, challenges a North Dakota law that allows ballots to arrive and be counted up to 13 days after Election Day. Plaintiff alleges the law violates the federal Election Day statute. The defendant’s motion to dismiss is pending.
OHIO
Northeast Ohio Coalition for the Homeless v. LaRose, No. 1:23-cv-00026-DCN (N.D. Ohio). Plaintiffs challenge provisions of HB 458, including in-person voter ID requirements, deadlines for ballot curing, and restrictions on absentee ballot drop boxes. The Ohio Republican Party and two citizen poll workers supported by RITE are intervenor-defendants.
OREGON
Knopp v. Griffin-Valade (Or. Ct. App.). Several Republican state senators in Oregon challenge an administrative rule prohibiting lawmakers who have ten or more unexcused absences during the 2023 legislative session from seeking reelection in 2024 or 2026 (depending on their election cycle). This rule is based on a ballot measure passed by Oregon voters, which disqualifies such lawmakers from holding office “following the election after the member’s current term is completed.” Because these lawmakers’ current terms expire after the 2024 or 2026 elections, they maintain, the disqualification can only apply to future terms of office beginning in 2029 or 2031.
PENNSYLVANIA
Eakin v. Adams County Board of Elections, No. 1:22-cv-340-SPB (W.D. Pa.); Pennsylvania State Conference of the NAACP v. Schmidt , No. 1:22-cv-00339-SPB (W.D. Pa.). Plaintiffs in both cases challenge the Pennsylvania law requiring mail-in and absentee voters to date their signatures on their ballot envelopes as a violation of the Materiality Provision of the Civil Rights Act. The RNC, NRCC, and Pennsylvania GOP are intervenor-defendants. This case follows the RNC’s win in the Pennsylvania Supreme Court, which held that dated signatures were required under state law in order for a ballot to be counted. Motions for summary judgment have been filed in both cases. The Secretary of the Commonwealth has represented to the court in the NAACP case that he agrees with Plaintiffs’ view of the law and has requested that summary judgment be granted for Plaintiffs on the Materiality Provision claim. The court requested supplemental briefing addressing the court’s jurisdiction in the NAACP case, which the parties filed on September 1.
Agovino v. County of Delaware , No. CV-2023-005232 (Delaware Cnty. Ct. of Common Pleas). The Delaware County Republican Party is challenging a county ordinance that allows majority party members of the county board of elections (here, the Democratic Party) to veto nominees for minority member on the board (here, the Republican Party). The RNC and NRSC are supporting the county party in the litigation. Last month, the county filed its answer to the complaint.
French v. County of Luzerne, No. 3:23-cv-538-MEM (M.D. Pa.). Plaintiffs supported by Lawyers Democracy Fund are suing Luzerne County for constitutional violations in connection with the county’s failure to supply enough ballot paper to polling places on Election Day in 2022. The county’s motion to dismiss is pending.
TEXAS
La Union del Pueblo Entero v. Abbott , No. 5:21-cv-00844-XR (W.D. Tex.). Plaintiffs in this consolidated lawsuit challenge SB 1, a Texas election integrity law. The district court denied the RNC, NRSC, NRCC, and Harris County and Dallas County Republican Parties’ initial motion to intervene. The party committees appealed to the Fifth Circuit, which reversed and held the committees were entitled to intervene as of right.
The State Defendants filed motions to dismiss on immunity grounds. The court mostly denied the motions, allowing the cases to proceed. The State Defendants filed interlocutory appeals, which remain pending in the Fifth Circuit. Oral argument took place on July 12, 2023.
On August 17, 2023, the district court granted partial summary judgment for DOJ and some plaintiffs on their claim that requiring voters to put their ID number on mail ballot applications and envelopes violates the Materiality Provision of the Civil Rights Act. Trial began on September 11, 2023.
VERMONT
Weston v. City of Winooski, No. 23-cv-00998 (Vt. Superior Ct. – Chittenden Unit). The RNC, Vermont GOP, and two concerned citizens challenge a law allowing non-citizens to vote in school board elections and on school budget questions. The city’s motion to dismiss is pending. Update: The court heard oral argument on the motion to dismiss on September 13, 2023.
WASHINGTON
Vet Voice Foundation v. Hobbs , No. 22-2-19384-1 SEA (King Cnty. Superior Ct.). Plaintiffs challenge Washington’s signature-matching process under the Washington Constitution. The RNC and Washington GOP were denied intervention, and the Court of Appeals denied review of this decision. The RNC and Washington GOP submitted an amicus brief in support of the state’s motion for summary judgment, which remains pending. Update: The court heard oral argument on the motion for summary judgment on September 12, 2023.
WISCONSIN
Priorities USA v. Wisconsin Elections Commission , No. 2023-CV-001900 (Dane Cnty. Cir. Ct.). Plaintiffs challenge three Wisconsin laws regulating absentee ballots: the requirement that absentee ballots be witnessed, the prohibition on ballot drop boxes, and the Election Day deadline for curing absentee ballot deficiencies. The RNC, Wisconsin GOP, and Rock County and Walworth County Republican Parties have filed a motion to intervene in the case, which remains pending. The Wisconsin Legislature intervened in the case without opposition. The Legislature and the WEC filed motions to dismiss, which are pending.
Kormanik v. Wisconsin Elections Commission, No. 2022-CV-1395 (Waukesha Cnty. Cir. Ct.). Plaintiff challenges unlawful WEC guidance allowing voters who have already returned their absentee ballots to “spoil” their ballot and revote. The RNC, Wisconsin GOP, and RITE are supporting the Plaintiff. Motions for summary judgment are pending.
Rise, Inc. v. Wisconsin Elections Commission , No. 2022-CV-002446 (Dane Cnty. Cir. Ct.). Plaintiffs seek a declaratory judgment and injunctive relief regarding the information required under law for a witness's street address to be considered properly completed on an absentee ballot witness certificate. The RNC, Wisconsin GOP, and RITE supported plaintiffs in a previous case and obtained a judgment temporarily enjoining the WEC's guidance allowing election officials to fill in missing address information. The WEC subsequently withdrew this guidance. The plaintiffs from that separate case attempted to intervene, but their request was denied. The Wisconsin Legislature is an intervenor-defendant. In August 2023, the court denied the Legislature's motion to dismiss.
Braun v. Wisconsin Elections Commission, No. 2022-CV-1336 (Waukesha Cnty. Cir. Ct.). Plaintiff supported by the Wisconsin Institute for Law & Liberty (WILL) challenged Wisconsin’s use of the national voter registration form as illegal because WEC had never lawfully adopted it and because it failed to meet statutory requirements. On September 5, 2023, the court ruled in favor of WILL that the use of the national form was illegal and enjoined WEC from issuing any guidance that the form can be used in Wisconsin unless it is legally adopted.
Other News
The Wisconsin Senate voted to fire the state’s elections administrator, Meagan Wolfe. The state’s attorney general has filed a lawsuit seeking an order declaring that Wolfe continues to lawfully hold her current position.
The Nevada Secretary of State has proposed changes to regulations that would decrease election transparency and integrity, including eliminating chain-of-custody requirements, removing unique ID numbers from mail ballots sent to disabled voters, and restricting poll watcher access. The state’s Legislative Commission must approve these changes for them to go into effect.
The California legislature passed a bill banning hand-counting of ballots.
The Massachusetts attorney general rejected a ballot proposal to introduce ranked-choice voting in Boston.
Ohio, West Virginia, Virginia, and Florida signed a data-sharing agreement allowing for the secure exchange of voter information to support efforts to investigate cross-state voter fraud and duplicate voter registrations.
The Seattle Times published an article about the lawsuit challenging signature matching in Washington.
FEC Commissioner Allen Dickerson proposed a directive to regularize the Commission’s approval and oversight of FEC investigations.
Rick Hasen’s “Safeguarding Democracy Project” released a report titled “24 for ‘24’” which includes “recommendations for safeguarding the integrity of the 2024 elections.”
| 
