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State Litigation Highlights
ALASKA
Public Interest Legal Foundation v. Dahlstrom, No. 1:22-cv-00001 (D. Alaska). Public Interest Legal Foundation filed a lawsuit against the Secretary of State to compel the release of voter roll list maintenance documents from the Electronic Registration Information Center (ERIC). On September 20, 2023, the district court issued an order requiring the state to disclose ERIC data reports concerning potentially deceased registrants on the state’s voter roll.
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. On November 22, 2023, the plaintiffs filed a motion for summary judgment. Update: Oral argument occurred on January 18, 2024.
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. On September 14, 2023, the court granted summary judgment for plaintiffs on several claims, including their claims that the NVRA preempts the proof-of-citizenship requirement and the non-citizen removal provision. On October 10, 2023, the RNC filed a Rule 54(b) motion asking for final judgment on several claims from the September order. Trial on the remaining claims finished 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. Trial is scheduled to begin this month. On January 3, the court issued an order holding that the challenged signature-verification provisions are non-severable from the mail-voting law.
FLORIDA
League of Women Voters v. Byrd , 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. On September 21, 2023, the Eleventh Circuit denied plaintiffs’ petition for rehearing en banc.
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. The United States has filed a statement of interest in the case. On October 30, the court granted Florida’s and the Republican Intervenors’ motions to dismiss for failure to state a claim. On November 9, the plaintiffs filed a notice of appeal.
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. Oral argument is scheduled for January 25, 2024.
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 RNC and Georgia appealed those rulings on September 18, 2023. The court denied a motion to preliminarily enjoin the law’s ballot harvesting and drop box restrictions under federal disability law. On October 11, 2023, the district court denied the DOJ’s motion for a preliminary injunction, holding that DOJ was not likely to succeed on its claim that the legislature enacted SB 202 for racially discriminatory reasons. Other preliminary injunction motions are pending . On October 30, the Republican Intervenors filed a motion for summary judgment. The state filed several motions for summary judgment that day as well. On January 12, the court denied plaintiffs’ motion for a preliminary injunction in the SB 202 cases, rejecting their claim that the law’s runoff provisions are racially discriminatory.
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.
VoteAmerica 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. On September 27, 2023, the court granted summary judgment for the state on several claims and allowed one claim to proceed to trial. A bench trial is scheduled for April 15, 2024.
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. The case is currently in discovery.
IATSE Local 927 v. Mashburn, No. 1:23-cv-04929-AT (N.D. Ga.). Plaintiffs challenge Georgia’s requirement that absentee ballot applications be received 11 days before the election, arguing that federal law requires a 7-day deadline for presidential elections. Update: On January 12th, the RNC and Georgia GOP filed a motion to intervene and a proposed motion to dismiss.
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. 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 was appealed to the Kansas Supreme Court. On December 15, the Kansas Supreme Court held that appellants have standing to pursue a challenge to another provision of the law (prohibiting falsely representing oneself as an election official).
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. Oral argument is scheduled for this month.
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 appealed the decision to the First Circuit. Oral argument was held on October 5, 2023.
MICHIGAN
DeVisser v. Benson, No. 22-000164 (Mich. Ct. Cl.). Plaintiffs, which include the RNC and Michigan GOP, challenge Secretary of State directives restricting the rights of poll watchers. The court of claims struck down many of the directives before the 2022 election, but the Michigan Supreme Court stayed that decision pending appeal, so the directives remained in effect during the 2022 election. On October 19, 2023, the Michigan Court of Appeals affirmed the court of claims, holding that the directives are unlawful. On November 30, 2023, the State filed a motion for leave to appeal in the Michigan Supreme Court.
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. Oral argument is scheduled for February 14, 2024.
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 28, the state appealed the district court’s order to the Fifth Circuit, where the case remains pending.
MONTANA
Montana Public Interest Research Group v. Jacobsen, No. 6:23-cv-00070-BMM (D. Mont.). Plaintiffs challenge Montana’s law prohibiting voters from being purposefully registered to vote in more than one jurisdiction. On October 24, 2023, the RNC and Montana Republican Party filed a motion to intervene in the case. On November 6, 2023, Plaintiffs moved for a preliminary injunction. On November 20, 2023, RITE filed an amicus brief opposing the Plaintiff’s motion for a preliminary injunction. On December 1, the RNC and the Montana Republican Party filed a proposed brief in opposition to Plaintiffs’ motion for a preliminary injunction. Update: On January 18, 2024, the court granted the RNC and Montana GOP’s motion to intervene.
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.
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, supported by the RNC and RITE PAC, is an intervenor-defendant. On November 3, the court granted the defendants’ motion to dismiss and dismissed the lawsuit for lack of standing. Read more about the dismissal from The Federalist. On December 4, 2023, Plaintiffs filed a notice of appeal. On December 19, the New Hampshire Supreme Court accepted the case.
DNC v. Scanlan, No. 226-2023-CV-00613 (Hillsborough Superior Ct.). After the court dismissed the complaint in 603 Forward on standing grounds, the DNC and New Hampshire Democratic Party brought another suit challenging SB 418. Update: On January 16, 2024, the RNC and NH Republican State Committee, supported by RITE, filed a motion to intervene. Read more about the case from Breitbart.
NEW YORK
Stefanik v. Hochul, No. 908840-23 (N.Y. Sup. Ct. Albany Cnty.). The RNC, and a host of lawmakers, party committees, county election administrators and voters supported by RITE, filed suit in New York state court challenging the recently enacted law authorizing no-excuse absentee voting as a violation of the New York state constitution, which permits absentee voting in only certain circumstances. New York voters overwhelmingly rejected a proposed constitutional amendment in 2021 that would have permitted no-excuse absentee voting. See additional coverage from the New York Post, The Hill, The Federalist, and the Daily Caller. The DCCC, Senator Gillibrand, and several state representatives and voters intervened as defendants. The court held a hearing on plaintiffs’ motion for a preliminary injunction on October 13, 2023. The defendants have filed motions to dismiss the complaint. On November 13, the plaintiffs filed an opposition to the motion to dismiss and cross-motion for summary judgment.
On December 4, Plaintiffs submitted a letter to the court requesting the preliminary injunction be entered promptly in light of the upcoming special election in the NY-03 congressional district. On December 26, Plaintiffs sought an order from the Appellate Division compelling the trial court to act on the motion. That day, the trial court issued an order denying the motion. Plaintiffs immediately appealed to the Appellate Division and filed a motion for preliminary injunction there. The court ordered the defendants to respond to the motion on an expedited basis. Update: On January 16, the Appellate Division denied the motion, but the appeal remains pending.
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 CAROLINA
Voto Latino v. Hirsch, No. 1:23-CV-861-TDS (M.D.N.C.); Democratic National Committee v. N.C. State Board of Elections, No. 1:23-CV-862-TDS (M.D.N.C.); Democracy North Carolina v. Hirsch , No. 1:23-CV-878-TDS (M.D.N.C.). On October 10, 2023, the North Carolina General Assembly overrode the Governor’s veto of SB 747, which contains numerous important election-integrity provisions, including regulations on same-day voter registration, a requirement to return absentee ballots by Election Day, and legal protections for poll watchers. Plaintiffs filed three lawsuits shortly after the veto override challenging provisions of SB 747. On October 26, 2023, the RNC and North Carolina Republican Party filed motions to intervene in the cases. On November 6, the court granted the RNC and NCGOP intervention in two of the cases. On November 20, the RNC filed a response in opposition to the DNC’s motion for a preliminary injunction. Oral argument on the motion for a preliminary injunction occurred on December 28. On December 13, 2023, the RNC and North Carolina Republican Party filed a response in opposition to the plaintiffs’ motion for a preliminary injunction in Voto Latino. On December 15, 2023, North Carolina Defendants filed a motion to dismiss in Democracy North Carolina.
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. The United States has filed a statement of interest in the case.
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. The defendant and intervenor-defendants have filed motions for summary judgment. On January 8, the court granted the defendant’s and intervenor-defendants’ motions for summary judgment, upholding all challenged provisions of HB 458. Read more about the decision here.
League of Women Voters v. LaRose, No. 1:23-cv-02414-BMB (N.D. Ohio). Plaintiffs are challenging Ohio’s restrictions on ballot harvesting. Update: On January 19, 2024, the RNC and Ohio Republican Party filed a motion to intervene.
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. The Oregon Supreme Court agreed to hear the case. Oral arguments occurred on December 14, 2023. Read more about the case here.
Linthicum v. Wagner, No. 6:23-CV-01624 (D. Or.). Federal lawsuit related to Knopp. Plaintiff state senators argue that denying them ballot access based on “unexcused absences” violates their First Amendment rights. On December 13, the court denied the Plaintiffs’ motion for a preliminary injunction. On December 18, 2023, Plaintiffs appealed the court’s denial. On December 20, the parties jointly moved for a stay pending appeal, which was granted.
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. On November 21, 2023, the court partially granted the plaintiffs’ motion for summary judgment in the NAACP case, holding that rejection of mail ballots for lack of compliance with the dated signature requirement violates the Materiality Provision. On December 6, the RNC, NRCC, and PA GOP filed a notice of appeal. On December 7, Rich Marino, a candidate affected by the court’s decision, filed a motion to intervene in the Third Circuit. Marino and Appellants also filed an emergency motion for a stay of the district court’s order. On December 13, the Third Circuit granted the motion for a stay pending appeal and Marino’s motion to intervene. The dated signature requirement is therefore in effect while the appeal is pending. On December 27, the RNC and other appellants filed their opening brief in the Third Circuit. Amicus briefs were filed by a group of 17 states; RITE; and Pennsylvania state legislators. On January 10, the plaintiffs, the Secretary of the Commonwealth, and the Democratic Party intervenors filed response briefs. Update: On January 17, the RNC and other appellants filed their reply brief.
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 the county council to veto nominees for minority party member on the board of elections. The RNC and NRSC are supporting the county party in the litigation. On September 26, 2023, Plaintiffs moved for a preliminary injunction. On December 13, the court granted the motion, holding that the ordinance violates Pennsylvania election law and guaranteeing that the Delaware County Republican Party may select its preferred member of the county board of elections.
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. The case is currently in discovery. On December 4, the court denied the county’s motion to dismiss and allowed most of the claims to proceed. Read more about the case on Lawyers Democracy Fund and on X from @lawyersdf.
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 the remaining claims on September 11 and finished on October 20.
On November 29, the district court issued an order enjoining the ID requirement. The State and Republican Intervenors appealed and asked the district court for a stay pending appeal, which the district court denied. The State filed an emergency motion for a stay in the Fifth Circuit, and the Republican Intervenors filed a brief in support. On December 15, the Fifth Circuit granted the motion for stay pending appeal, holding that the State and Republican Intervenors were likely to succeed on the merits. The ID requirements are therefore in effect while the appeal is pending.
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. The court heard oral argument on the motion to dismiss on September 13, 2023. On November 6, the court dismissed the case on res judicata grounds.
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. The court heard oral argument on the motion for summary judgment on September 12, 2023. On October 12, 2023, the court denied the state’s motion for summary judgment. Trial is scheduled to begin on February 26, 2024.
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 filed a motion to intervene in the case, which was opposed by the plaintiffs and the WEC. On October 27, 2023, the court denied the motion to intervene. T he Wisconsin Legislature intervened in the case without opposition. The WEC and Legislature filed motions to dismiss. On October 31, the court heard oral argument on the motions to dismiss.
Liebert v. Wisconsin Elections Commission, No. 3:23-CV-00672-SLC (W.D. Wis.). Plaintiffs challenge Wisconsin’s witness requirement for absentee voting under the Voting Rights Act and Civil Rights Act. On October 16, 2023, the RNC and the Republican Party of Wisconsin filed a motion to intervene as defendants. On October 25, the WEC filed a motion to dismiss. On October 30, the Wisconsin Legislature filed a motion to intervene. On December 5, the court granted the Wisconsin Legislature intervention and granted RITE’s motion to file an amicus. The court denied intervention to the RNC and Republican Party of Wisconsin. On December 6, the Wisconsin Legislature filed a motion to dismiss. Update: On January 17, the court dismissed WEC from the case on sovereign immunity grounds but is allowing the suit to proceed against the commissioners. The court further stated it will abstain from ruling on the merits of the case in light of two pending state-court cases in Dane County raising similar issues, Priorities USA v. WEC, No. 2023-CV-1900, and League of Women Voters of Wisconsin v. WEC, No. 2022-CV-2472.
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. On November 29, 2023, the court granted Plaintiff’s motion for summary judgment, holding that the WEC’s guidance is unlawful. Update: On January 16, 2024, the court entered a declaratory judgment in favor of Plaintiff.
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. On January 2, 2024, the court issued a decision holding that a witness’s address information is sufficient if it enables officials to be able to communicate with the witness. In a related case, the court held that rejecting ballots for missing or incorrect address information violates the Materiality Provision of the Civil Rights Act. Read more about the decision from The Federalist.
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.
FOURTEENTH AMENDMENT LITIGATION
The RNC is closely following legal challenges seeking to disqualify President Trump from primary and general election ballots.
On October 20, 2023, the RNC, NRSC, and NRCC filed an amicus brief in the Minnesota Supreme Court opposing a petition to exclude President Trump from the ballot. The court heard oral argument in the case on November 2. On November 8, the court dismissed the petition, holding that there were no grounds to exclude President Trump from the primary ballot and that a challenge to his potential placement on the general election ballot was not ripe.
On November 7, 2023, the RNC, NRSC, and NRCC filed an amicus brief in the Michigan Court of Claims opposing a petition to exclude President Trump from the ballot. On November 14, 2023, the court ruled that only Congress has the authority to disqualify an individual from office pursuant to Section Three of the Fourteenth Amendment. Petitioners appealed. On December 6, the Michigan Supreme Court denied Plaintiffs’ request to bypass the Court of Appeals. The RNC, NRCC, and NRSC submitted an amicus brief in the Court of Appeals opposing the removal of President Trump from the Michigan ballot. On December 14, the Michigan Court of Appeals affirmed the Court of Claims and declined to disqualify President Trump from the primary ballot. Petitioners have sought review in the Michigan Supreme Court. On December 27, the Michigan Supreme Court declined to hear the appeal.
In a Colorado lawsuit brought by several voters, the trial court ruled President Trump could remain on the state’s primary ballot. On November 21, the plaintiffs appealed the ruling to the Colorado Supreme Court. The Colorado Supreme Court agreed to hear the appeal. The RNC, NRSC, and NRCC submitted an amicus brief opposing disqualification of President Trump. On December 19, 2023, the Colorado Supreme Court ruled President Trump is disqualified from holding office again and thus may not appear on the primary ballot. However, the court stayed its ruling until January 4, 2024, subject to further appellate proceedings in the U.S. Supreme Court. On January 3, President Trump filed a petition for certiorari with the U.S. Supreme Court. The RNC and NRCC filed an amicus brief in support of the petition, as did Senator Daines and the NRSC. On January 5, the Supreme Court agreed to hear the case on an expedited timeline, scheduling oral argument for February 8. Update: On January 18, the RNC and NRCC filed an amicus brief in support of President Trump’s position that he is not disqualified from the ballot pursuant to Section Three of the Fourteenth Amendment.
President Trump filed a lawsuit seeking to restore his name to Maine’s presidential primary ballot after Secretary of State Shenna Bellows disqualified him. The RNC filed an amicus brief in support of President Trump. Secretary Bellows suspended her decision pending court review. Update: The Maine Superior Court stayed the Secretary’s ruling pending the U.S. Supreme Court’s decision in Anderson.
Other News
RNC Chairwoman Ronna McDaniel wrote an op-ed highlighting the RNC’s election integrity efforts.
On January 19, a federal court in Ohio granted the NRSC, NRCC, Senator Vance, and former Congressman Chabot’s motion to certify a First Amendment challenge to FECA’s limits on coordinated party expenditures to the en banc Sixth Circuit.
The U.S. Election Assistance Commission confirmed the departure of executive director, Steven Frid.
A ballot measure in Alaska that proposed limits on campaign contributions to state political candidates failed to receive enough signatures to appear on the 2024 ballot.
Connecticut Attorney General Tong released a formal opinion concluding that ranked-choice voting in state elections is impermissible under the state constitution.
Georgia Lt. Governor Burt Jones announced legislation sponsored by Georgia Senator Robertson that would ban ranked-choice voting in the state.
Georgia Secretary of State Raffensperger referred 17 case files to district attorneys over allegations of double voting in the 2022 General Election.
The Georgia Senate is considering SB 358 which would allow the State Board of Elections to investigate Secretary of State Raffensperger over the 2020 election, a response to the Board’s decision last month not to open an investigation. The bill would also remove Raffensperger from the Board and require him to cooperate with any investigation.
Louisiana lawmakers advanced a bill that would end the state’s “jungle primary” system and move to a closed-party primary.
Plaintiffs, supported by RITE, filed a lawsuit in federal court this week against the Maryland State Board of Elections over access to the public voter roll. Plaintiffs allege the board is violating their constitutional rights by not allowing them to confirm the legitimacy of the state’s voter registration data. This lawsuit comes after the Board ignored a litigation notice from RITE and the plaintiffs for more than 3 months.
Nebraska Legislative Bill 1390 would enhance penalties for those who threaten, harass, or manipulate election officials and workers.
Read about the RNC’s election integrity efforts in North Carolina here.
South Carolina election auditors found no evidence of fraud in state election processes, but recommended the state clean its voter rolls more often.
Prince William County in Northern Virginia recently acknowledged that it underreported President Biden’s margin of victory over President Trump in the 2020 presidential election. Vote tallies were also miscounted in races for the U.S. Senate and U.S. House of Representatives, but the county’s current registrar emphasized that the mistakes were immaterial to the outcome of the elections.
West Virginia Secretary of State Warner announced that all counties will have electronic voting machines during the 2024 election for the first time.
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