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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 moved to intervene in the case on behalf of Arizona Alliance for Retired Americans. On March 21, Mi Familia Vota moved to intervene in the litigation.
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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.
- Update: On April 4, 2023, the Arizona Speaker of the House of Representatives and Senate President moved to intervene as defendants.
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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. Update: On April 5, 2023, the RNC and Republican Party of Pasco moved to intervene in the litigation.
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, has filed a motion for summary judgement.
Update: There are developments in one of the SB202 cases not consolidated with the larger group. This case involves challenges to procedures holding election officials accountable, a ban on photography in the polling place, and a revision of signature matching requirements.
On April 6, 2022, the court set a deadline for summary judgment briefing forJune 7 and denied the plaintiffs’ request to voluntarily dismiss all claims but the photography ban. The court also denied plaintiffs’ request to convert a preliminary injunction on the photography claim into a permanent one.
In another non-consolidated SB202 suits, one of the plaintiffs who challenged SB202 provisions banning the pre-filling of absentee ballot applications and required disclosures by third-party groups 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.
Idaho
Liberal groups represented by Perkins Coie sued the state of Idaho for that eliminates the use of student IDs as an acceptable form of identification in the state.
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.
Kansas
On March 17, 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. There will likely be opportunities for groups to file amicus briefs in support of the state’s appeal of the ruling.
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.
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. RNC and MIGOP’s opening brief is due on April 28.
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 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 and the NHGOP’s appellate brief is due May 8, 2023.
New York
The RNC, NRCC, and New York State Republican Committee intervened 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.
In February 2023, four voters brought a lawsuit New York Supreme Court in Erie County against the Erie County Board of Elections. The lawsuit seeks an order of the court directing the commissioners of elections to count, canvass, and tally the write-in primary votes of candidates regardless of their party affiliation in primary elections. On March 28, 2023, the court ruled for the Petitioners and found that Chapter 480 of the Laws of 2021 was facially unconstitutional.
North Carolina
On March 20, 2023, the federal district court for the Western District of North Carolina denied a motion to dismiss by the state in an NVRA challenge brought by two citizens in the state. The court also declined to adopt the Magistrate Judge’s recommendation to dismiss the suit for lack of sufficient pre-suit notice. The court also denied the motion to intervene by the League of Women Voters of North Carolina and the North Carolina A. Philip Randolph Institute. The suit alleges that North Carolina is failing to maintain accurate voter rolls and that the state is allowing ineligible voters to vote in the state’s elections. This is an important ruling to review for those interested in voter registration list maintenance issues.
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. Update: On March 21, 2023, the Ohio Republican Party and two citizens and poll workers moved to intervene in the litigation. Plaintiffs filed their opposition to the intervention motion on April 4, 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. On March 23, 2023, the Pennsylvania Commonwealth Court dismissed the case on subject matter jurisdiction grounds and ignored the merits of curing.
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 state court undated ballot case.
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.
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 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. Winooski has a deadline of April 17, 2023 to reply to the complaint.
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.
Wisconsin
On March 22, 2023, a complaint was filed with the Wisconsin Elections Commission (WEC) against Tech for Campaigns for violations of Wisconsin election law. The complaint alleges the organization is providing improper assistance in completing a ballot and engaging in ballot harvesting. Presumably in response to the complaint, Tech for Campaigns modified the language on its website.
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 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. 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.
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