2020 Election Litigation Tracker

Welcome to the 2020 Election Litigation Tracker, a joint project of Election Law at Ohio State and SCOTUSblog. During the 2020 election season, we will provide up-to-date information on major election law cases as they make their way through every level of the court system. Our goal is to serve as a resource on election law and administration for the general public, lawyers, educators, journalists and policymakers. You can read all of our previous election-related coverage here. [Disclaimer: SCOTUSblog and Election Law at Ohio State are nonpartisan and do not endorse, support or oppose any candidate, campaign or party.]

Credit: Art Lien

 

Election Cases We’re Watching

Case Page Issue(s) Court
Pennsylvania Democratic Party v. Boockvar Whether recent changes to Pennsylvania election law and the coronavirus pandemic justify a number of mail-in ballot measures, including: (1) extending the arrival deadline for ballots postmarked by 8 p.m. on Election Day until 5 p.m. on the Friday after Election Day; (2) allowing voters to submit ballots at drop boxes or other satellite locations; (3) allowing voters to rectify ballots submitted without a proper signature; (4) counting "naked ballots," or ballots not sealed in the official election envelope; and (5) requiring that poll watchers be residents of the voting district in which they work. Supreme Court of Pennsylvania
Washington v. Trump Whether recent changes announced to the United States Postal Service violate federal administrative rulemaking requirements under 39 U.S.C. § 3661(b) and infringe upon the rights of states to regulate elections under the Constitution. U.S. District Court for the Eastern District of Washington
Arizona Democratic Party v. Hobbs Whether recent changes to Arizona's election procedures – which provide both absentee voters whose signatures on their mail-in ballots cannot be verified, and in-person voters who cannot provide proper identification at the polls, up to five days after Election Day to remedy their ballot identification issues – must also be extended to absentee voters who submit unsigned ballots. U.S. Court of Appeals for the 9th Circuit
A. Philip Randolph Institute of Ohio v. LaRose Whether, due an expected increase in mail-in voting due to the coronavirus pandemic, Ohio's provision of one absentee-ballot drop box per county infringes upon the right to vote in violation of the First and 14th Amendments. U.S. District Court for the Northern District of Ohio
Memphis A. Philip Randolph Institute v. Hargett Whether Tennessee may enforce a number of vote-by-mail regulations for the November 2020 election, including preventing first-time voters from applying for an absentee ballot, barring third-party distribution of absentee ballot applications, and a process for verifying signatures on mail-in ballots. U.S. District Court for the Middle District of Tennessee
Texas Democratic Party v. Abbott Whether a Texas law requiring voters under the age of 65 to provide an excuse in order to vote by mail violates the 26th Amendment or the equal protection clause of the 14th Amendment. U.S. District Court for the Western District of Texas
Raysor v. Desantis Whether Florida's statutory requirement that prior felons pay all court costs and fees before regaining the right to vote is an unconstitutional poll tax under the 24th Amendment. U.S. Court of Appeals for the 11th Circuit
Donald J. Trump for President v. Murphy Whether an executive order by the governor of New Jersey in light of the coronavirus pandemic that requires mail-in ballots to be sent to all registered voters in the state, and extends the deadline for submitting them, violates federal election law and the Constitution. U.S. District Court for the District of New Jersey
Donald J. Trump for President v. Cegavske Whether recent changes by the state legislature to Nevada's voting procedures including, among other things, the expansion of voting-by-mail and a requirement that officials count ballots received up to three days after Election Day, violate federal election law and the Fourteenth Amendment. U.S. District Court for the District of Nevada

 

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