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Alabama
On June 8, 2023, the U.S. Supreme Court ruled in favor of plaintiffs challenging Alabama’s congressional redistricting map on the basis that it violated section 2 of the Voting Rights Act.
Arizona
There are several pending voting lawsuits in Arizona:
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Restoring Integrity and Trust in Elections (RITE), the Arizona Free Enterprise Club, and Arizona GOP sued Secretary of State Fontes for authorizing an illegal expansion of the database of signatures used to verify ballots, including the addition of potentially unreliable signatures. The state filed a motion to dismiss and intervenors filed motions to dismiss on May 22, 2023.
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Mi Familia Vota v. Hobbs (AKA Mi Familia Vota I):
- Filed in August 2021, challenging S.B. 1485, which removes voters from the permanent mail ballot list if a voter does not vote by mail in two straight election cycles; and S.B. 1003, which requires voters to “cure” signature-less ballots by 7PM on Election Day.
- The RNC and the NRSC are intervenor-defendants. The DCCC and DSCC also intervened as plaintiffs. DOJ filed a statement of interest in the case in November 2021.
- On June 24, 2022, the court granted in part and denied in part defendants’ motion to dismiss. The court (1) allowed plaintiffs to pursue their claim that S.B. 1485 was enacted with a discriminatory intent, and (2) dismissed the challenge to S.B. 1003 (curing) but granted plaintiffs’ leave to file an amended complaint which they ultimately opted not to do.
- The Court extended discovery through September 2023.
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HB 2492 (Proof of Citizenship) Challenges:
- There are eight lawsuits challenging H.B. 2492 (and other legislation) that require proof of citizenship for registrants using the National Voter Registration Form:
- The eight lawsuits were consolidated. The RNC was granted intervention in consolidated the cases.
- The state’s motion to dismiss was denied on February 16, 2023.
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The Arizona Speaker of the House of Representatives and Senate President motion to intervene as defendants was granted on April 26, 2023.
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The RNC filed a motion for summary judgment on May 15, 2023 which was joined by the state legislator intervenors. Plaintiffs filed their responses and cross motions for summary judgment on June 5, 2023. The RNC’s reply is due on July 5 and the court has scheduled oral argument on the summary judgment motions for July 25, 2023.
- S.B. 1260 Challenge (voter list and vote-by-mail list maintenance):
- Arizona Alliance for Retired Americans represented by Elias Group are challenging S.B. 1260 which requires a recorder to cancel a voter’s registration if they receive confirmation that the voter is registered in another county in the state, removes voters from the vote-by-mail list if they are registered in another county, and makes it a felony to forward a mail-in ballot to a voter registered out-of-state.
- The Yuma County Republican Party has intervened in the litigation.
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On September 26, 2022, the court entered a preliminary injunction on two provisions of the law which was quickly appealed to the 9th Circuit where it is currently being briefed.
- Attorney General Contest:
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Attorney General candidate Abe Hamadeh and the RNC remain in a pending election contest. A motion for a new trial is pending. After the recount, Hamadeh’s deficit decreased to 280 votes. Top Republican legislators filed an amicus brief in support of Hamadeh. A hearing on the motion for new trial took place on May 16 and is pending a ruling.
Colorado
On December 5, 2022, a liberal group represented by Perkins Coie filed a lawsuit alleging signature matching disproportionately disenfranchises young people, people with disabilities, and people of color. On December 22, 2022 and February 6, 2023, plaintiffs filed a first and second amended complaint . On February 28, 2023, the Secretary of State filed a motion to dismiss which the court denied on April 17, 2023. On April 28, 2023, individuals supported by RITE, including RNC National Committeewoman Vera Ortegon, moved to intervene in the litigation. On May 31, 2023, the court granted the motion to intervene.
Florida
On April 27, 2023, the 11th Circuit ruled in favor of the state of Florida, RNC, and NRSC, in the challenge to SB90, Florida's 2021 election integrity legislation. The law was upheld in its entirety, except for one minor component of the line warming ban. The court also remanded back to the trial court the question of whether the drop-box and registration delivery provisions violate the First and Fourteenth Amendments. The district court had previously permanently enjoined multiple provisions of SB90 including the required registration disclaimers for third party voter registration organizations (§ 97.0575(3)(a)), registration delivery provisions for third party voter registration organizations (id.), drop box regulations (§§ 101.69(2)-(3)), and line warming provisions (§§ 102.031(4)(a)-(b)). On May 18, 2023, the plaintiffs filed a petition for rehearing in front of the full 11th Circuit.
On March 16, the Elias Law Group filed a lawsuit in federal court alleging that Florida’s wet signature requirement for voter registration applications violates the materiality clause of the Civil Rights Act. On April 5, 2023, the RNC and Republican Party of Pasco moved to intervene in the litigation. On May 26, 2023, the RNC's and Pasco GOP’s intervention was granted. On May 30, 2023, the State filed a motion to dismiss plaintiff’s complaint.
On April 26, 2023, the LWV and FL NAACP sued Florida's Secretary of State alleging that the state's voter registration application violates the NVRA, specifically by not specifying the eligibility requirements for voter registration.
Florida has been hit with three separate suits this week following Gov. DeSantis signing SB 7050 into law:
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Update: Hispanic Federation v. Byrd and Florida NAACP v. Byrd have been consolidated.
- On May 25, 2023, the Hispanic Federation, Poder Latinx, and Florida residents sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050 over its restrictions on third party registration organizations.
- On May 24, 2023, the League of Women Voters of Florida and League of Women Voters of Florida Education Fund sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050 alleging the restrictions on third-party voter registration groups violates the First and Fourteenth Amendments of the U.S. Constitution. The law prohibits noncitizens and people with felony convictions from handling voter registration application, requires receipts to voters registering, and reduces the number of days for the third-parties to return the applications.
- On May 24, 2023, the Florida State Conference of Branches and Youth Units of the NAACP, Equal Ground Education Fund, Voters of Tomorrow, Disability Rights Florida, Alianza for Progress, Alianza Center, UnidosUS and Florida Alliance for Retired Americans sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050. The plaintiffs challenge the imposition of fines, barring noncitizens and felons from registering voters, and retention of voter information for other activities.
Georgia
In July 2021, the RNC, NRSC, NRCC, and GAGOP were granted intervention in 8 lawsuits, including the DOJ’s lawsuit against the state, challenging provisions of SB202. Six of the lawsuits were consolidated. Thanks to the RNC’s efforts, these safeguards were in place for the 2022 election and the state saw record turnout. The cases have mostly been consolidated and the various plaintiff groups are filing a series of preliminary injunction motions on different provisions of SB202:
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The DOJ, joined by four other plaintiff groups, filed a preliminary injunction motion in the SB 202 cases. They move to enjoin Georgia from enforcing (1) the reduction in the number of dropboxes and limitations on the use of dropboxes outdoors and during non-early voting hours; (2) the line-warming prohibition; (3) the absentee ballot deadline; (4) the out-of-precinct provisional ballot deadline; and (5) the ID requirement for absentee ballot applications. They claim these provisions violate the Voting Rights Act and the Fourteenth and Fifteenth Amendments. Responses are due on July 27, 2023.
- The AME plaintiffs moved to enjoin enforcement of (1) the felony provision for the handling of absentee ballots and (2) the requirements that dropboxes be located at an election office and accessible only during business hours. Responses are due June 29, 2023.
- The NGP plaintiffs moved to enjoin enforcement of the line-warming restrictions. Responses are due on June 15, 2023.
- The CGG Plaintiffs moved to enjoin enforcement of the birthdate requirement for absentee ballots. Responses are due June 22, 2023.
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The State filed a motion for judgment on the pleadings, requesting that the court dismiss DOJ’s complaint. The State argues that the Eleventh Circuit’s decision in League of Women Voters clarified that proof of discriminatory impact is necessary to establish a VRA violation, which DOJ does not allege.
In CGG v. Raffensperger, one of the unconsolidated cases, plaintiffs filed a proposed amended complaint that drops the challenge to the voter ID law for absentee ballots and the narrowing of the absentee ballot deadline and adds a claim banning the early release of absentee vote totals. Motions for summary judgment are due in July.
In Vote America v. Raffensperger, another unconsolidated SB202 suit, plaintiff Voter Participation Center and defendants Raffensperger and RNC have stipulated to a dismissal of their claim challenging the third-party absentee ballot application disclaimer in light of recent legislation changes. Earlier, Vote America, another plaintiff in the suit, who challenged SB202 provisions banning the pre-filling of absentee ballot applications and the disclosure requirement voluntarily dismissed its suit. After litigating the case for well over a year the plaintiff concluded its practices did not violate SB 202. There is a pending motion for summary judgment in the suit which has been fully briefed since the end of February 2023.
On May 2, 2022, a group of liberal organizations sued Georgia’s Election Board challenging a state law that requires handwritten signatures on absentee ballot applications. The groups seek declaratory and injunctive relief, requesting the court find that the so-called Pen and Ink rule violates the Civil Rights Act and to enjoin its enforcement. The RNC and GAGOP have intervened in the litigation. On March 9, 2023, the court denied defendants' motion to dismiss.
Iowa
The RNC, Iowa GOP, NRCC, and NRSC were granted intervention to defend against a lawsuit challenging provisions of SF413 and SF568 . The trial set for March 21, 2022, was pushed back in light of discovery disputes between the Iowa legislature and plaintiffs. On March 16, 2022, the Iowa Supreme Court granted certiorari to resolve these discovery disputes. After a hearing over the ongoing discovery disputes on July 15, 2022, the court issued an order compelling discovery on August 18, 2022.
Kansas
On March 17, 2023, the Kansas Court of Appeals ruled that challenges to voting laws under the state constitution be evaluated under strict scrutiny instead of the more flexible Anderson-Burdick standard utilized in federal claims and in many states. On April 5, 2023, the state filed its petition for review with the Kansas Supreme Court. There will likely be opportunities for groups to file amicus briefs in support of the state’s appeal of the ruling.
On May 4, 2023, a Kansas federal district court ruled that the state’s restrictions on out-of-state organizations providing pre-filled absentee applications violated federal law.
Louisiana
On May 1, 2023, multiple Democrat groups sued Louisiana Secretary of State Kyle Ardoin under the NVRA and 14th Amendment regarding the state’s requirements for people with previous felony convictions to re-register to vote.
Maine
On March 28, 2023, the U.S. District Court in Maine ruled in favor of the Public Interest Legal Foundation (PILF), finding that the National Voter Registration Act (NVRA) preempts Maine state law imposing fines and use restrictions on voter roll data because the state law creates obstacles to the transparency Congress intended under the NVRA. Maine’s Secretary of State had denied a request for voter rolls that PILF made in 2019. Maine passed a law that would restrict use and impose fines for unauthorized use of voter rolls produced to a requester.
Montana
RITE filed an amicus brief with the state Supreme Court in support of the state in Montana Democratic Party v. Jacobsen, involving challenges to several commonsense voting integrity reforms. Lawyers Democracy Fund also filed an amicus brief in the case.
Michigan
On September 30, 2022, the RNC and MI GOP sued Secretary of State Benson after she issued last-minute guidance on election challengers. Plaintiffs allege the guidance is inconsistent with state law and previous guidance and request the court to reinstate the 2020 challenger procedures. On November 3, 2022, the MI Supreme Court stayed the lower court’s decision. The case remains open at the MI Court of Appeals where the state has appealed the trial court’s preliminary injunction order. The state filed their opening brief on February 24, 2023. On May 26, 2023, the RNC and MIGOP filed their reply brief .
On March 13, 2023, the RNC and MIGOP filed its appellate brief in a suit challenging Flint’s refusal to hire an equal number of Republican and Democrat election inspectors. The lower court had ruled the parties did not have standing to bring the claim. The state filed its opening brief on May 15, 2023. The RNC's reply brief is due on June 19, 2023.
New Hampshire
In June 2022, Democrats filed two cases challenging SB 418 in NH which would require voters registering on Election Day to mail in proof of their identity within seven days if they did not have documentation at the polling place. On September 1, 2022, the NH Republican State Committee motioned to intervene which was denied on December 21, 2022 and the NHRSC appealed to the New Hampshire Supreme Court, which granted cert. Since then the parties have agreed to a stipulation to permit the NHGOP to intervene in the litigation.
New York
In January 2022, the RNC and NYGOP, leading a broad bipartisan coalition of officeholders and concerned citizens, including Congresswoman Malliotakis and naturalized citizen voters, sued Mayor Eric Adams, the New York City Council, and the New York City Board of Elections in state court over the “Non-Citizen Voting Law,” which illegally allows non-citizens to vote in city elections. On June 27, 2022, Judge Porzio struck down the Non-Citizen Voting Law, explaining in his opinion that it violates the New York Constitution, New York election law, and the Municipal Home Rule Law. Appellees filed their appellate brief on October 10, 2022. On December 11, 2022, RNC filed its opening brief. The city and intervenors filed reply briefs on January 9, 2023.
Ohio
On January 6th, 2023, Northeast Ohio Coalition for the Homeless, Ohio Federation of Teachers, Ohio Alliance for Retired Americans, and Union Veterans Council represented by Elias Group sued the Ohio Secretary of State challenging Ohio’s new election integrity bill H.B. 458. The lawsuit challenges the in-person voter ID requirements, deadlines for ballot curing, and provisions regarding applications for and returning mail ballots. Plaintiffs filed an amended complaint on January 27, 2023. Ohio Republican Party and two citizen poll workers supported by RITE moved to intervene in the litigation. On April 18, 2023, Ohio Republican Party and the two citizen poll workers were granted intervention.
Pennsylvania
Following the RNC’s win in the Pennsylvania Supreme Court ruling that ballots must be signed and dated as required by state law, the NAACP and John Fetterman filed two separate lawsuits in federal court. The RNC, NRCC, and PAGOP were granted intervention in the case and filed a motion to dismiss both cases. The NAACP amended its complaint with an Equal Protection claim comparing the requirements under the state statute and federal UOCAVA requirements. On January 17, 2023, the RNC filed a motion to dismiss in NAACP. On February 17, 2023, the RNC filed a motion to dismiss the amended complaint in Eakin. Update: On June 8, 2023, the court denied the motions to dismiss in both cases.
The RNC filed motions in support of summary judgment in both NAACP and Eakin . Both RITE and Lawyers Democracy Fund filed amicus briefs in support of summary judgment against the plaintiffs.
On March 28, 2023, two voters supported by Lawyers Democracy Fund brought a lawsuit in the U.S. District Court for the Middle District of Pennsylvania alleging a violation of the First and Fourteenth Amendment right to vote and due process in Luzerne County. The claims arise from the 2022 midterm election when Luzerne County failed to supply enough ballot paper on Election Day.
Update: The ACLU of PA has sued Delaware County for rejecting provisional ballots for voters whose mail ballots were previously rejected under state law.
Texas
The DOJ sued the State of Texas and the Secretary of State, challenging provisions of SB1, Texas’ 2021 voting integrity legislation. The DOJ claims SB1 violates Section 208 of the Voting Rights Act and Section 101 of the Civil Rights Act. The RNC, NRCC, NRSC, and Dallas and Harris County Republican Parties initial moved to intervene in the suits was denied. The party committees appealed and the 5th Circuit reversed and ruled that the Republican committees were entitled to intervention as of right. On May 24, the court denied plaintiff’s motion to dismiss. On May 31, 2022, the court granted the parties’ unopposed motion to stay pending appeal. On July 12, 2022, the court granted in part and denied in part defendant’s motion to dismiss, allowing only the claims brought by LULAC Texas, Voto Latino, the Texas Alliance for Retired Americans, and Texas AFT against the Secretary of State and Attorney General to proceed. On August 2, 2022, the court granted in part and denied in part defendants’ motion to dismiss, further limiting the claims allowed to proceed. Two interlocutory appeals as to the court’s August 2 judgment were filed in the 5th Circuit. The 5th Circuit has ordered the case bifurcated to separate out claims that involve the Legislature’s Intent. On May 26, 2023, summary judgment motions were filed including one from the RNC and other party committees.
Vermont
On March 9, 2023, the RNC, the Vermont Republican Party, and two concerned citizens supported by RITE brought a complaint for declaratory and injunctive relief applying an earlier Vermont Supreme Court ruling to challenge Winooski’s charter that allows noncitizens to vote in school board elections and on school budget questions. Winooski filed a motion to dismiss. Update: On June 2, 2023, the RNC and RITE plaintiffs filed a response to Winooski's motion to dismiss. Since the results of these elections have statewide budget and policy impacts outside of the municipality, the Vermont constitution limits voting on those issues to United States citizens. The RNC and VTGOP previously sued cities of Montpelier and Winooski over their town charters in a facial challenge, but the VT Supreme Court held and left the door open for this as-applied challenge.
Washington
On November 11, 2022, a liberal group filed a lawsuit alleging signature matching disproportionately disenfranchises young people, people with disabilities, and people of color. On December 16, 2022, the plaintiffs filed an amended complaint. On January 12, 2023, the RNC and WA GOP filed a motion to intervene in the case. Plaintiffs oppose the intervention and the state has taken no position. On February 7, 2023, the court denied the motion to intervene filed by RNC and WA GOP. On March 20, 2023, the RNC and WAGOP appealed the denial with the Washington Court of Appeals and filed a reply brief on April 4, 2023. Oral argument on the appeal is scheduled for June 30, 2023.
Wisconsin
On September 23, 2022, an individual voter supported by the RNC and RITE sued WEC over its guidance that allowed absentee voters to change their votes after they are cast. RISE and the DNC filed motions to intervene. On October 5, the court sided with the plaintiff and granted a temporary restraining order, giving WEC until 4pm, October 7 to withdraw the unlawful guidance. On October 7, the DNC petitioned the Court of Appeals for review of the temporary injunction order and requested a stay of a temporary injunction pending review. On October 10, the appeals court granted the temporary stay pending a decision and requested a briefing on whether to grant the petition for an interlocutory appeal. Also on October 10, plaintiffs requested their case be transferred to a different court of appeals pursuant to state law. On October 12, the WI Supreme Court upheld the temporary stay, ordered briefing on the petition to file an interlocutory appeal, and asked the WI Court of Appeals to step aside until the high court issued a ruling on the venue issue. On October 26, the Supreme Court granted plaintiffs motion to transfer the case to a different court of appeals. The next day, the Court of Appeals dissolved its stay and denied the DNC’s petition for review, leaving the RNC’s and RITE’s win in place for the November election. Update: On June 2, 2023, the RNC and RITE plaintiffs filed a motion for summary judgment.
A left-wing group, Rise, represented by Marc Elias, sued WEC on September 27 in a collateral attack on the White ruling argues that election officials should be allowed to accept absentee ballots with partial witness addresses if the official can discern the correct information. On October 3, the Wisconsin state legislature and Michael and Eva White filed motions to intervene. On October 6, the court granted the Wisconsin state legislature’s motion to intervene and declined the Whites’ motion to intervene. At a hearing on October 7, the court denied plaintiff’s motion for a temporary injunction, thus reinforcing that an address is complete if it contains “a street number, street name and name of municipality.” On December 22, 2022, the Whites filed an appeal of the ruling denying their intervention. On February 28, the Whites, as proposed-intervenors, filed their reply brief. There is also a pending League of Women Voters suit on the issue.
Legislation/Rulemaking Highlights
Arizona
On June 8, 2023, Governor Katie Hobbs vetoed SB1213, making this her third vetoed election bill this session. SB1213 would have required approval from the Joint Legislative Audit Committee as well as the Governor and Attorney General for the election law manual
Connecticut
On June 7, 2023, Governor Ned Lamont signed HB 5004, establishing early voting in Connecticut. The law provides that beginning in 2024 voters will have fourteen days of in person early voting, seven days of early voting in most primaries, and four days of early voting for presidential primaries.
Louisiana:
Legislature passes bipartisan constitutional amendment to ban foreign & private financing of elections.
Michigan
Legislature begins process of enacting voting changes as a result of recent amendments to the state constitution, including early voting.
North Carolina
The State Board of Elections is accepting comments on proposed regulations enacting the state’s photo ID requirements. The comment period is open until June 23.
Nebraska
On June 1, 2023, Governor Jim Pillen signed LB514 which lays out requirements for valid forms of identification to vote. This law comes in wake of Nebraskan voters voting to approve voter ID in a ballot initiative last year.
Oklahoma
On June 7, 2023, Governor Kevin Stitt signed SB 377 which requires the county clerks to make a list of everyone who was excused from jury duty for not being a US citizen, and then sending that list to the election board to cancel their voter registration.
Virginia
The Virginia State Board of Elections has opened a comment period on whether the Board has the authority to utilize jury questionnaires for list maintenance practices. Click here for more.
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