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Arizona
There are several pending voting lawsuits in Arizona:
- 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 SB1003, 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 SB1485 was enacted with a discriminatory intent, and (2) dismissed the remaining claims but granted plaintiffs’ leave to file an amended complaint. The plaintiffs and plaintiff-intervenors opted not to amend their complaints.
- On August 15, 2022, the RNC joined the Attorney General’s 54(b) motion to enter judgment on the dismissed claims.
- HB2492 Challenges: There are 8 lawsuits challenging HB2492 (and other legislation) that require proof of citizenship for registrants using the National Voter Registration Form:
- Six of the lawsuits have been consolidated. The RNC was granted intervention in all of the cases.
- On December 27, 2022, the State filed a motion to dismiss.
- Republican National Committee v. Richer:
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On October 4, the RNC and the Republican Party of Arizona (RPAZ) sued Maricopa County to compel the county to release public records relating to hiring and placing poll workers, including whether they are following state law requiring equal representation by both parties. A hearing was held on October 19, 2022. Maricopa has filed a motion for judgment on the pleadings.
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On October 5, the RNC and RPAZ filed a second suit which challenges the burdensome requirements Maricopa County has placed on election workers. These requirements have resulted in an unequal amount of Republican election workers in previous elections. On October 10, the DSCC and the AZ Democratic Party filed a motion to intervene. Maricopa has moved to dismiss the case.
- Attorney General Contest:
- Attorney General candidate Abe Hamadeh and the RNC remain in a pending election contest. A motion for a new trial is pending.
Colorado
On December 5, 2022, a liberal group filed a lawsuit alleging signature matching disproportionately disenfranchises young people, people with disabilities, and people of color. On December 22, 2022, the plaintiffs filed an amended complaint and the state has requested an extension to file a responsive pleading until February 13, 2023 which is unopposed by the plaintiffs.
Florida
The State of Florida, RNC, and NRSC are awaiting the 11th Circuit’s ruling in a pending appeal of the challenge to SB90, Florida’s 2021 election reform legislation. On March 31, 2022, the district court 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 6, 2022, the 11th Circuit granted the defendants’ stay request, leaving in effect provisions previously struck down by the lower court and rejecting the district court’s order to put Florida under “preclearance” for 10 years.
Georgia
In July 2021, the RNC, NRSC, NRCC, and GA GOP were granted intervention in 8 lawsuits, including the DOJ’s lawsuit against the state, challenging provisions of SB202. Previously, the court denied motions to dismiss for lack of standing and on the merits, filed by the RNC, other Republican organizations, and Republican lawmakers in Georgia in the suits. On June 30, 2022, the court denied plaintiffs’ motion for preliminary injunction in the Vote America suit. On August 18, 2022, the court denied plaintiff’s motion for a preliminary injunction regarding the line warming ban claim.
One of the plaintiffs who challenged SB202 as violating its First Amendment right to distribute absentee ballot applications as speech voluntarily dismissed its claims against Secretary of State Raffensperger. After litigating the case for well over a year, the plaintiff concluded its practices did not violate SB 202.
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 July 13, 2022, the Georgia Election Board moved to dismiss the claims against it.
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 IA 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.
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.
New York
The RNC, NRCC, and New York State Republican Committee filed a motion to intervene in a case brought by Democrats challenging NY ballot rejection practices. On May 13, 2022, the court granted the RNC’s motion to intervene. On July 13, 2022, the court denied the Democrats’ motion for a preliminary injunction except that local election boards must allow the existing notice and cure procedures shall be applied to absentee ballots missing postmarks received between 2 and 7 days after Election Day for the upcoming 2022 elections. On August 5, 2022, the court granted the parties’ joint motion to stay further proceedings until after the November 2022 elections.
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.
Pennsylvania
On September 1, 2022, the RNC, NRSC, NRCC, Pennsylvania GOP, and 12 individual voters sued Pennsylvania and all 67 counties for unlawful ballot curing in violation of state law and the U.S. Constitution. On October 21, 2022, the PA Supreme Court ruled 3-3 on the legality of the practice thus upholding the PA Commonwealth Court’s ruling denying the RNC’s and other plaintiffs’ preliminary injunction motion. The case remains open.
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 PA GOP 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.
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 June 8, 2022, the court set a bench trial for July 17, 2023. On June 14, 2022, the court ordered a modified permanent injunction. 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.
Vermont
In September 2021, the RNC and VTGOP sued the cities of Montpelier and Winooski over their new town charters that allow non-citizens to vote in their municipal elections. The RNC is joined in the suits by the VT GOP and several concerned Vermont voters. On April 1, 2022, the Montpelier court granted defendants’ motion to dismiss, finding plaintiffs have standing, but under its interpretation of VT Supreme Court precedent, was required to dismiss the case. The court granted the motion to dismiss in the Winooski case. On September 19, the VT Solicitor General intervened in both cases. The motion to dismiss in the Winooski case has also been appealed to the VT Supreme Court. On January 20, 2022, the VT Supreme Court held that the lower court properly dismissed the Montpelier case.
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.
Wisconsin
On September 23, 2022, an individual voter supported by the RNC and Restoring Integrity and Trust in Elections (“RITE”) sued the Wisconsin Elections Commission (WEC) over WEC’s 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 appealed the temporary injunction order and requested a stay of a temporary injunction with the WI Court of Appeals. 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.
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. There is also a pending League of Women Voters suit on the issue.
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