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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 with a consolidated response filed on June 16. The court held a hearing on the motion to dismiss on July 7, 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 the 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's 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. On July 5, the RNC filed a reply in support of partial summary judgment. On July 19, plaintiffs filed their replies in support of summary judgment.
- There was a hearing on the motion for summary judgment on July 25 and the judge set trial for November 6, 2023.
- S.B. 1260 Challenge (voter list and vote-by-mail list maintenance):
- Arizona Alliance for Retired Americans represented by Elias Group is 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 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.
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 County 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. Plaintiffs filed an amended complaint on June 12, adding Disability Rights Florida as a plaintiff. On June 26, 2023, the RNC and Republican Party of Pasco County filed a motion to dismiss plaintiff’s first amended complaint. On July 10, 2023, the United States filed a statement of interest. On July 31, 2023, the RNC filed a reply brief to the U.S. Statement of Interest and the state filed one as well.
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. On July 10, 2023, the U.S. District Judge Allen Winsor issued a decision dismissing the lawsuit filed by LWV and NAACP against Secretary Byrd.
Florida was hit with three separate suits following Gov. DeSantis signing SB 7050 into law:
- On May 24, 2023, the League of Women Voters of Florida and League of Women Voters of Florida Education Fund sued Attorney General Moody and Secretary Byrd over Senate Bill 7050 alleging the restrictions on third-party voter registration groups violate the First and Fourteenth Amendments of the U.S. Constitution. The law prohibits non-citizens and people with felony convictions from handling voter registration applications, requires receipts to be provided 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 Attorney General Moody and Secretary Byrd over Senate Bill 7050. The plaintiffs challenge the imposition of fines for violations, its bar on non-citizens and felons registering voters, and its ban on retaining voter information for other activities.
- On May 25, 2023, the Hispanic Federation, Poder Latinx, and Florida residents sued Florida Attorney General Moody and Secretary Byrd over Senate Bill 7050 over its restrictions on third party registration organizations.
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On July 3, 2023, the district court (Judge Walker) entered a preliminary injunction blocking the citizenship requirement and voter information retention ban from taking effect On July 11, 2023, Secretary of State Byrd appealed the preliminary injunction. On July 11, In the League of Women voters case, the court denied the motion for preliminary injunction regarding the felon circulation ban and the requirement that circulators provide applicants with a receipt.
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. The RNC and state filed their replies on July 27, 2023.
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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. On June 29, the RNC filed a response to this preliminary injunction. On July 13, 2023, the AME plaintiffs filed a reply brief in support of their preliminary injunction.
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Some plaintiffs also moved to enjoin the shortening of the period between the general election and any runoff election. On August 10, 2023, the RNC filed a response to this motion.
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The NGP plaintiffs moved to enjoin enforcement of the line-warming restrictions. Responses from the state and RNC were filed on June 15, 2023. Plaintiffs’ reply was filed on June 29.
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The CGG Plaintiffs moved to enjoin enforcement of the birthdate requirement for absentee ballots. Responses from the RNC and state were filed on 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; it also added a claim banning the early release of absentee vote totals. On July 17, 2023, the state motioned for summary judgment and the RNC filed a notice to join the state’s motion.
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 SF 413 and S F 568. 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. The oral argument before the Iowa Supreme Court has been set for September 14, 2023.
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. The Kansas Supreme Court granted the cert petition on June 23, 2023. The state filed its supplemental brief on July 24, 2023.
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 the First Amendment. The state filed its notice of appeal on June 1, 2023 and its opening brief on July 25, 2023. Amicus briefs in support of the state have been submitted by RITE, PILF, FGA, and Honest Elections Project .
Maine
On July 19, 2023, the Public Interest Legal Foundation (PILF) filed a brief this week in the First Circuit Court of Appeals. Maine refused to turn over list maintenance documents to PILF. PILF sued and after losing in district court on a motion to dismiss, Maine passed a law imposing penalties for discussing list maintenance records. The district court struck down the penalty provision, holding that it was preempted by the NVRA. Maine appealed and the case is now before the First Circuit. On July 25, 2023, the DOJ filed a Statement of Interest in support of PILF’s right to obtain the voter rolls in Maine.
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. Appellees filed their briefs on June 30, 2023.
Michigan
Priorities USA sued in state court to strike down a law banning paid busing to the polls. Priorities USA previously challenged this law in federal court and were defeated by the RNC and the Michigan Republican Party. Priorities USA is now suing in state court trying to take advantage of recent amendments to the state constitution lowering the bar for challenging voting laws.
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 June 29, 2023, the RNC and MI GOP filed opposition to LWV’s motion for leave to file an amicus for going beyond the scope of the case and not addressing pertinent issues.
On March 13, 2023, the RNC and MIGOP filed their 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 response brief on May 15, 2023. The RNC filed a reply brief on June 19, 2023.
Mississippi
A federal judge ordered an injunction against a Mississippi law that would establish criminal penalties for those who can transmit absentee ballots for others. The judge reasoned that the law violates that Voting Rights Act. Plaintiffs, Disability Rights Mississippi, were able to convince the judge to allow political operatives to collect and return absentee ballots in the state. An appeal from the state is expected.
New Hampshire
In June 2022, Democrats filed two cases challenging SB 418 in NH which would require voters registering on Election Day who do not provide acceptable ID to vote an “affidavit ballot” and 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 NHRSC to intervene in the litigation. On June 26, 2023, the superior court issued an order seeking clarification from the parties on which classes of voters are subject to the new law. On July 17, 2023, the NHRSC and other parties filed a response to the court’s order and a reply on July 27, 2023.
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. Oral argument on the appeal took place on June 23, 2023.
North Carolina
On July 26, 2023, a federal judge in North Carolina set a schedule for future action in the case NC State Conference of the NACCP v. Cooper which challenges the state’s photo ID law. The judge denied a request to reopen discovery but has solicited more information from voter ID critics to decide how to move the case forward.
On July 21, 2023, the North Carolina Board of Elections issued a declaratory ruling as part of the RNC and NCGOP's lawsuit against the Board in the lead-up to the 2022 election. The Board agreed with the RNC’s contentions in the lawsuit (and the findings of the superior court) related to restrictions on at-large observers but maintained its position on extending the deadline for the return of absentee ballots.
North Dakota
On July 5, 2023, a lawsuit supported by Public Interest Legal Foundation was brought against the State Elections Director challenging North Dakota law that allows ballots to arrive and be counted up to 13 days after Election Day. More information about the suit is available at PILF’s website.
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
On June 20, 2023, the Delaware County Republican Party and its chairman, Frank Agovino, sued Delaware County and the County Council over a passed ordinance that would allow the Democrats to veto Republican nominees for minority member on the county board of elections. The RNC and NRSC are supporting the county party in the litigation. Update : On August 16, 2023, Delaware County filed their answer to the complaint.
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. On June 8, 2023, the court denied the motions to dismiss in both cases. Update: The Acting Secretary has agreed with plaintiffs’ claims and the judge issued an order seeking parties’ arguments for the court’s jurisdiction.
The RNC filed motions for 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.
The ACLU of PA sued Delaware County for rejecting provisional ballots for voters whose mail ballots were previously rejected under state law.
Texas
A host of plaintiffs and DOJ filed multiple lawsuits against the State of Texas and state and local officials, challenging provisions of SB1, Texas’ 2021 voting integrity legislation. The cases were consolidated. The RNC, NRCC, NRSC, and Dallas and Harris County Republican Parties’ initial motion 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.
Defendants filed motions to dismiss on immunity grounds. The court mostly denied the motions, allowing the cases to proceed. Texas filed interlocutory appeals, which remain pending. Oral argument took place on July 12, 2023.
After a protracted fight regarding the state’s legislative privilege claims over certain documents, the Fifth Circuit upheld these privilege claims, although some claims remain pending. Trial begins in the case on September 11, 2023.
On May 26, 2023, summary judgment motions were filed, including one from the RNC and other party committees. Oppositions were filed on June 23, 2023. Republican-intervenors replied in support of summary judgment on July 14, 2023. Update: On August 17, 2023, the 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. The State and Republican Intervenors will appeal that judgment.
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 non-citizens to vote in school board elections and on school budget questions. Winooski filed a motion to dismiss. On June 2, 2023, the RNC and RITE plaintiffs filed a response to Winooski's motion to dismiss. On July 5, 2023, Winooski filed its reply. 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. Oral arguments on the defendants’ motion to dismiss is set for September 7, 2023.
The RNC and VTGOP previously sued cities of Montpelier and Winooski over their town charters in a facial challenge. The VT Supreme Court ruled in favor of the cities but 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. The Washington Court of Appeals cancelled a June 30, 2023 oral argument and ruled on the appeal, denying discretionary review of the trial courts denial of intervention. Update: On August 16, the RNC and WA GOP filed an amicus brief in support of the state’s motion for summary judgment.
Wisconsin
Priorities USA sued the Wisconsin Elections Commission (WEC) challenging three rules regarding absentee voting in Wisconsin. The plaintiffs are challenging Wisconsin’s requirement that absentee ballots be witnessed; its prohibition on ballot drop boxes; and its election day deadline for curing defects with absentee ballots. On August 8, 2023, the RNC, Republican Party of Wisconsin and the Republican Party of Rock and Walworth counties moved to intervene in the lawsuit and defend Wisconsin’s election safeguards.
The RNC supported a lawsuit in Green Bay against the city clerk regarding restrictions on public observation of the in-person absentee voting process. The RNC won and Green Bay was going to appeal but ultimately agreed to a stipulated final order which was entered by the court on July 6, 2023. More coverage here from the WLUK-TV Fox 11.
Litigation continues over WEC’s unlawful guidance allowing for voters who have already returned their absentee ballots to “spoil” their ballot and revote. The RNC, WIGOP, and RITE successfully ensured the guidance was not in effect for the November 2022 election. On June 2, 2023, the individual plaintiff supported by RNC and RITE filed a motion for summary judgment. On July 12, 2023, defendants and intervenor-defendants filed their own motions for summary judgment and opposition to plaintiffs. Plaintiff's reply brief was filed on August 11.
Litigation continues over WEC’s unlawful policy allowing clerks to complete missing absentee ballot witness affidavit information. The RNC, WIGOP, and RITE sued in White to ensure the policy was not in effect for the 2022 election. A left-wing group, Rise, represented by Marc Elias, filed a collateral attack on White in September of 2022. The Whites moved to intervene in the suit which was ultimately denied in an appeals court ruling on July 7, 2023. The Wisconsin legislature successfully intervened to defend the White ruling. On August 14, 2023, a Dane County circuit court denied the legislature’s motion to dismiss.
Legislation
Federal
Rep. Jasmine Crockett (D-TX) introduced Democracy Restoration Act, which would restore voting rights in federal elections for all released felons.
North Carolina
The state legislature finalized SB 749, an elections bill, that would limit period for counting absentee ballots, toughen same day registration rules, and empower poll watchers. It will now go to Governor Cooper who is expected to veto it, but the Republican legislature could override a veto.
Other News
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Liberal Nonprofit Abuse: Capital Research Center has released a report on how liberal charities are helping Democrats win elections.
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More Liberal Nonprofit Abuse: Americans for Public Trust (APT) files IRS complaint against the Arabella Advisors network of nonprofits for violating their tax-exempt status.
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Felon Voting: Fight over felons' voting rights heats up for 202
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US Alliance for Election Excellence: Dem dark money group released elections values
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AZ: RNC, AZ GOP file comment on draft Election Procedures Manual (EPM) as did RITE and LDF. Additional reporting on the EPM.
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GA: Bryan County looking for poll workers ahead of November elections
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IL: Pay increase could be coming for DeKalb County election judges
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IN: Indiana law allowing voters over 65 to vote by mail not unconstitutional, 7th Circuit affirms
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NJ: New Jersey considers lowering voting age to 16
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NY: New York map drama could make Hakeem Jeffries speaker
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TX: Court strikes down law that abolished the position of Harris County elections chief. State immediately appealed to the Supreme Court, staying the order.
Voting Litigation Overview
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