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Arizona
There are several pending voting lawsuits in Arizona:
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On March 3, 2023, Restoring Integrity and Trust in Elections (RITE) and the Arizona Free Enterprise Club sued Arizona Secretary of State Fontes. The lawsuit demonstrates how Governor Katie Hobbs violated state law in her previous role as Secretary of State by authorizing an illegal expansion of the database of signatures used to verify ballots, including the addition of potentially unreliable signatures. On March 13, 2023, the Elias Law Group motioned to intervene in the case on behalf of Arizona Alliance for Retired Americans.
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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 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.
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HB 2492 (Proof of Citizenship) 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 were consolidated. The RNC was granted intervention in all of the cases.
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On December 27, 2022, the State filed a motion to dismiss. The motion to dismiss was denied on February 16, 2023.
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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.
- 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. A motion for a new trial is pending. Top Republican legislators filed an amicus brief in support of Hamadeh.
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, the plaintiffs filed an amended complaint. On February 6, 2023, plaintiffs filed a second amended complaint. On February 28, 2023, the Secretary of State filed a motion to dismiss.
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. The RNC is currently awaiting a decision from the 11th Circuit on the appeal of the trial court’s ruling.
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.
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. In the Vote America suit, the State joined by the RNC have filed a motion for summary judgement.
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 March 9, 2023, the court defendants’ 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 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.
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 7 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. On March 17, 2023 the NH Supreme Court granted cert to hear the appeal of the denial of intervention.
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.
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.
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. On March 2, 2023, Plaintiffs, represented by Marc Elias, filed a voluntary dismissal of the suit, handing a major win to the RNC, NRCC, and NYGOP.
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.
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. On February 17, 2023, the Commonwealth Court granted the RNC’s application for leave to amend its complaint. On March 10, 2023, the RNC and PAGOP filed oppositions to respondents' preliminary objections.
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 in NAACP. On February 17, 2023, the RNC filed a motion to dismiss the amended complaint in Eakin.
On February 8, 2023, the Pennsylvania Supreme Court issued an opinion in the RNC’s win on undated ballots in state court.
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
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. Local press article on the lawsuit. 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 the cities of Montpelier and Winooski over their town charters in a facial challenge that the Vermont Constitution categorically did not permit non-citizens to vote in any Vermont elections. On January 20, 2023, the VT Supreme Court held that the lower court properly dismissed the Montpelier case but ruled that plaintiffs had standing and opened up the door for a future as-applied challenge.
State Legislation Highlights
Connecticut
SB 1064 won partisan approval in the Government Administration & Elections Committee. If passed, primaries and special elections would have an additional four days of early voting, for a total of 14 days. Republicans on the panel led by Sen. Rob Sampson and Rep. Gale Mastrofrancesco, both of Wolcott, introduced three amendments in all, which were turned down by Democrats who have majorities of 98-53 in the House and 24-12 in the Senate.
Georgia
The House Governmental Affairs Committee voted along party lines, 8-6, to approve Senate Bill 222, putting it on track for final votes in the state House and Senate. The bill would require that all costs and expenses relating to election administration are paid for with lawfully appropriate public funds.
Mississippi
The Senate approved SB 2358, which would penalize anyone who collects absentee ballots, acting as an intermediary between the county’s circuit clerk’s office.
The Senate stripped a provision from House Bill 1310, which would restore voting rights to military veterans convicted of felonies. The provision restoring suffrage to veterans who had completed their sentence was removed in the Senate Elections Committee chaired by Sen. Jeff Tate, R-Meridian. The bill still provides a mechanism to remove registered voters from the rolls if they do not vote within a specified period of time or perform other functions related to their voter registration, such as responding to jury duty.
Nevada
Senate Bill 215, presented by state Sen. James Ohrenschall, D-Las Vegas, would require counties and cities that choose to stop using voting machines purchased with state funds to return the money to the state. The bill comes in response to some counties that considered using paper ballots and hand counting. The bill would not be retroactive, meaning counties that have already opted to stop using voting machines wouldn’t be required to pay the money back. If passed, the bill would become effective on July 1.
New Mexico
HB 4 now heads to Democratic Governor Michelle Lujan Grisham, who supports it and is expected to sign it. When she does, New Mexico will become the 26th state, plus D.C., where at least anyone who is not in prison can vote.
North Dakota
House Bill 1192 takes out the word ‘electronic’ from voting systems. It also allows county auditors to start counting early and absentee votes three days before election day. It also clarifies that in a presidential year, electors meet on the first Tuesday after the second Wednesday in December to cast their votes in the electoral college.
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