Pre-election lawsuits related to the 2020 U.S. presidential election

Last updated

Before Election Day of the 2020 United States presidential election, lawsuits related to the voting process were filed in various states. Many of these lawsuits were related to measures taken by state legislatures and election officials in response to the COVID-19 pandemic.

Contents

Background

Prior to the 2020 United States presidential election, the COVID-19 pandemic caused many states to adjust their voting rules and processes. Litigation was initiated by Democrats, seeking measures to ease voting, and Republicans, seeking to block such measures. [1] [2] [3] "[O]ver 230 election-related federal lawsuits were filed from January 1 to October 23, higher than any of the past three presidential election years during the same time period", according to a USA Today analysis. [2] Issues related to mail-in and curbside voting, early voting, voter registration, photo ID and witness signature requirements, and voting rights for convicted felons. [3]

Throughout 2020, the Supreme Court issued at least a dozen orders related to the 2020 primary and general elections. [4] The court's conservative justices have objected to last-minute changes to elections that are ordered by federal judges, saying the power to administer elections lies solely with state legislatures; [4] [5] [6] the court's liberal justices have favored the loosening of election rules. The deciding vote has often fallen to Chief Justice John Roberts, according to Jonathan Adler, a professor at the Case Western Reserve University School of Law. [4] Under Roberts, the court has focused on keeping federal courts out of state elections, and has consistently treated election changes made by state judges or officials more leniently than those made by federal courts. [5]

Summary of pre-election lawsuits

Counts

DismissedDecision appealedOngoingRuled
Count8337

Case summaries

Pre-election lawsuits related to the 2020 United States presidential election
StateFirst filing dateCaseCourtDocket no(s).OutcomeCommentsReferences
Arizona September 30, 2020 Mi Familia Vota v. Hobbs U.S. Court of Appeals for the 9th Circuit 2:20-cv-01903-SPL (D. Ariz.)
20-16932; 20-17000 (9th Cir.)
RuledTwo non-profit voter registration groups, the Arizona Coalition for Change and Mi Familia Vota, filed a motion asking the voter-registration deadline of October 5, 2020, be moved due to the COVID-19 pandemic; after opposing responses from Arizona secretary of state Katie Hobbs and the Republican National Committee, Judge Steven Logan extended the deadline to October 23. The same day, October 5, Hobbs and the RNC appealed to the 9th Circuit, which placed a stay on Logan's extended deadline effective October 15. [7] [8] [9] [10] [11] [12] [13] [14]
Arizona June 10, 2020 Arizona Democratic Party v. Hobbs U.S. Court of Appeals for the 9th Circuit20-16759; 20-16766 (9th Cir.)

2:20-cv-01143-DLR (D. Ariz.)

Dismissal appealedWhether 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. [15] [16] [17]
California June 11, 2020 Gallagher v. Newsom California Superior Court, County of SutterCVCS20-0912RuledChallenging Executive Order N-67-20 issued by Governor Gavin Newsom on June 3, 2020. The court found Order N-67-20 to be unconstitutional and enjoining Newsom from "amend[ing], alter[ing], or chang[ing] existing statutory law or mak[ing] new statutory or legislative policy" via the California Emergency Services Act. [18]
Georgia May 8, 2020The New Georgia Project v. Raffensperger U.S. District Court for the Northern District of Georgia 20-13360-D (11th Cir.)

1:20-CV-01986-ELR (N.D. Ga.)

Appealed by defendantsWhether Georgia's requirement that absentee ballots be received by 7 p.m. on Election Day poses an unconstitutional infringement on the right to vote in light of the coronavirus pandemic. Originally in favor of a 3-day extension to receive ballots, the decision was appealed. Republicans filed motion to stay the injunction that was granted on October 2 in the U.S. 11th Circuit Court of Appeals by Judges Britt Grant and Barbara Lagoa.. [19] [20] [21] [22]
Michigan June 2, 2020 Michigan Alliance for Retired Americans v. Benson Michigan Court of Appeals20-000108-MM (Mich. Ct. Cl.)
1:20-cv-00948 (W.D. Mich.)
354993 (Mich. App.)
RuledMichigan State Appeals court reversed lower state court ruling, finding the 8pm election deadline for receiving absentee ballots does NOT violate Const 1963, art 2, § 4 and that the court is bound by League of Women Voters of Mich v Secretary of State (League II), (issued July 14, 2020, Docket No. 353654).

Defendants have requested withdrawal of similar complaint pending in federal court.

[23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34]
Minnesota September 22, 2020 Carson v. Simon U.S. District Court for the District of Minnesota 0:20-cv-02030OngoingWhether a measure by Minnesota elections officials extending the deadline for timely postmarked absentee ballots to be received and still counted until one week after Election Day violates the U.S. Constitution; and whether the challengers, two nominees to serve as Republican Party presidential electors in Minnesota, have legal standing to challenge the measure. [35]
Nevada October 23, 2020 Kraus v. Cegavske Nevada Supreme Court 82018RejectedAppealed to Supreme Court of Nevada; settlement filed. [36] [37] [38] [39]
Nevada August 7, 2020Donald J. Trump for President v. CegavskeNevada District Court2:20-cv-01445-JCM-VCFDismissedWhether 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. [40]
New Jersey August 18, 2020 Donald J. Trump for President v. Way U.S. District Court for the District of New Jersey 3:20-cv-10753-MAS-ZNQDeniedWhether 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. [41]
North Carolina August 10, 2020Moore v. Circosta U.S. Court of Appeals for the 4th Circuit 1:20-cv-00911-WO-JLW (M.D.N.C.)
S:20-CV-507-D (E.D.N.C.)
P20-513 (N.C. Ct. App.)
440P20 (N.C.)
20A72 (S. Ct.)

20–2118; 20-2119 (4th Cir.)

Denial appealedWhether coronavirus-related changes implemented after the start of absentee voting by North Carolina elections officials to a number of absentee ballot procedures – extending the deadline to receive ballots, and modifying requirements for postmarking and third-party collection of them – violate the state legislature's power to regulate elections under the Constitution as well as the equal protection clause.

M.D.N.C. stay denial of October 14 combined with Wise v. North Carolina State Board of Elections, 1:20-cv-00912.

SCOTUS stay denial on October 28.

U.S. Appeals 4th Cir briefing schedule deadlines through January 2021.

[42] [43]
Pennsylvania July 10, 2020 Pennsylvania Democratic Party v. Boockvar Supreme Court of Pennsylvania 133 MM 2020; 407-MD-2020RuledWhether injunctive relief and declaratory relief be given to the voters of Pennsylvania in light of the COVID-19 pandemic.

Remedies sought were Count 1: Concerning the use of drop boxes, Count 2: Allowing 3 additional days to receive mail in ballots, Count 3: On preemptively contacting voters to cure incomplete or incorrectly filled out ballots, Count 4: On allowing ballots without their secrecy envelope to not be invalidated, and Count 5: Declaring that the residency requirement for poll-watchers is constitutional.

Counts 1, 2, and 5 granted; Counts 3 and 4 denied.

[44] [45] [46] [47]
Pennsylvania September 28, 2020 Republican Party of Pennsylvania v. Boockvar Supreme Court of the United States No. 20-542 (SCOTUS )OngoingA Supreme Court case to determine if the Supreme Court of Pennsylvania usurped the authority of the Pennsylvania General Assembly in Pennsylvania Democratic Party v. Boockvar. Not confirmed whether the court will rule on the issue. Justice Samuel Alito has ordered all such ballots to be kept and tabulated separately pending the outcome of this litigation.

As of November 30, 2020, the case was vided with Scarnati v. Pennsylvania Democratic Party.

See also Scarnati v. Pennsylvania Democratic Party (No. 20-574)

[36] [48] [49] [50] [51]
Pennsylvania October 27, 2020 Scarnati v. Pennsylvania Democratic Party Supreme Court of the United States No. 20-574 (SCOTUS )OngoingAnother Supreme Court case to determine if the Supreme Court of Pennsylvania usurped the authority of the Pennsylvania General Assembly in Pennsylvania Democratic Party v. Boockvar.

As of November 30, 2020, the case was vided with Republican Party of Pennsylvania v. Boockvar.

See also Republican Party of Pennsylvania v. Boockvar (No. 20-542).

[52] [53]
Pennsylvania July 1, 2020Donald J. Trump for President v. Boockvar U.S. District Court for the Western District of Pennsylvania 2:20-cv-00966-NRDismissedWhether a number of Pennsylvania elections accommodations in light of the coronavirus pandemic – providing additional drop-off sites and alleviating signature-matching requirements for absentee ballots, as well as lifting a restriction on employing out-of-county poll workers – violate state election law and the U.S. Constitution.

Some of the issues initially raised in this case were determined by Pennsylvania Democratic Party v. Boockvar thus significantly narrowing the focus of this case. Dismissed on a lack of standing and a lack of merit. Lack of standing due to lack of evidence regarding a "certain impending" harm of "vote dilution". Lack of merit due to federal courts "sphere does not extend to second-guessing and interfering with a State’s reasonable, nondiscriminatory election rules."

[54] [55]
Tennessee May 1, 2020Memphis A. Philip Randolph Institute v. Hargett U.S. District Court for the Middle District of Tennessee; U.S. Court of Appeals for the 6th Circuit 3:20-cv-00374 (M.D. Tenn.);
20-6046 (6th Cir.)
DismissedWhether 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. [56]
Texas October 27, 2020 Hotze v. Hollins U.S. Court of Appeals for the 5th Circuit 4:20-cv-03709DismissedA federal court lawsuit to have approximately 127,000 ballots thrown out due to the fact that they were done at drive-through stations. Republicans needed to prove an "evil motive". [57]
Texas October 30, 2020 In re Steven Hotze, M.D., Harris Cnty. Republican Party, Hon. Keith Nielsen, and Sharon Hemphill Texas Supreme Court 20-0819Dismissed [58]
Texas October 30, 2020 In re Steven Hotze, M.D., Wendell Champion, Hon. Steven Toth, and Sharon Hemphill Texas Supreme Court20-0863Dismissed [58]
Texas October 1, 2020 Texas League of United Latin American Citizens v. Abbott U.S. Court of Appeals for the 5th Circuit1:20-CV-1006-RP;
1:20-CV-1015-RP
RuledWhether Texas' limitation of one absentee ballot drop-off site per county violates the Constitution and the Voting Rights Act. The federal appeals court allowed the limitation to remain in place throughout the remainder of the 2020 election season. [59] [60]
Texas April 7, 2020 Texas Democratic Party v. Abbott U.S. District Court for the Western District of Texas 5:20-cv-00438RuledWhether 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. The U.S. Court of Appeals ruled that the Texas law does not violate the 26th Amendment, and sent case back to lower court for more proceedings. The Texas Supreme Court later upheld the age requirement in a related case, State of Texas v. Hollins. [61]
Washington August 18, 2020 Washington v. Trump U.S. District Court for the Eastern District of Washington 1:20-CV-03127-SABRuledWhether recent changes announced to the United States Postal Service violate federal administrative rulemaking requirements and infringe upon the rights of states to regulate elections under the Constitution. [62] [63]

Arizona

Arizona Democratic Party v. Hobbs

On June 10, 2020, the Arizona Democratic Party and the Democratic National Committee filed a lawsuit against Arizona Secretary of State Katie Hobbs in federal court, challenging a state law that requires those who vote by mail to correct missing signatures by election day. On September 10, U.S. District Judge Douglas Rayes ruled for the Arizona Democratic Party. On October 6, the U.S. Court of Appeals for the 9th Circuit overruled Rayes, finding that the election day deadline to correct a missing signature imposes a minimal burden on voters. [15] [16] [17]

Mi Familia Vota v. Hobbs

On September 30, two non-profit groups asked U.S. district court judge Steven Logan to extend the voter registration deadline from October 5, the date set by Arizona state law, to October 23. [7] The groups argued that in light of COVID-19 pandemic, the October 5 deadline is a burden on voters. [12] Judge Logan granted the request, finding that "[b]allot access is an extremely important right, and it has been restricted during this unprecedented time." [13] The Republican National Committee joined the suit and appealed Logan's ruling to the U.S. Court of Appeals for the 9th Circuit, which permitted the extension only to October 15, and validated registrations lodged before that date. [14]

California

Gallagher v. Newsom

Two California State Assembly members, James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin), sued Gavin Newsom, the Governor of California, claiming that Newsom did not have the authority to issue an executive order (N-67-20, issued June 3, 2020) to mandate all Californians receive mail-in ballots for the November 3 general election by invoking the California Emergency Services Act (CESA). On November 14, 2020, Sutter County Judge Sarah H. Heckman finalized a ruling saying Governor Newsom overstepped his authority in doing so. The ruling also put a permanent injunction on Newsom, enjoining him from "amend[ing], alter[ing], or chang[ing] existing statutory law or mak[ing] new statutory or legislative policy" via CESA. However, since the legislature had overwhelmingly passed a similar law (AB 860; [64] Sen.  31–7, Ass.  68–5, signed June 18 [65] ) after the executive order, the ruling had no impact on the outcome of the election. The main focus was to ensure that the Governor of California cannot use executive power under other similar circumstances by invoking the California Emergency Services Act. [18]

Michigan

Michigan All. for Retired Americans v. Benson

On June 2, 2020, the Michigan Alliance for Retired Americans filed suit in Michigan's court of claims against state officials, including Secretary of State Jocelyn Benson, challenging the requirement for mail-in ballots to be received by election day in order to be counted. Judge Cynthia Stephens granted the request, ordering that county clerks must count ballots postmarked by election day and received up to 14 days after election day. [23] [33] The state appeals court overruled Stephens, writing that the lower court "abused its discretion by ordering the extension." [34]

Minnesota

Carson v. Simon

On September 22, 2020, two Republican presidential elector nominees, James Carson and Eric Lucero, filed a lawsuit in federal court, arguing that a consent decree entered into by Minnesota Secretary of State Steve Simon and the Alliance for Retired Americans Educational Fund is unconstitutional. While Minnesota state law requires mail-in ballots to be received by Election Day in order to be counted, the consent decree extended the deadline for mail-in ballots by one week. The district court denied Carson and Lucero's request, concluding the plaintiffs lacked standing. On October 24, the U.S. Court of Appeals for the 8th Circuit reversed the district court's ruling, finding that “only the Minnesota Legislature, and not the Secretary" could establish rules for conducting elections in the state. The court ordered ballots arriving after 8p.m. on Election Day to be segregated pending possible further proceedings. Secretary of State Simon said votes received after 8p.m. will still be counted unless a court rules otherwise. [35] [66]

Nevada

One lawsuit was filed in Nevada before and seven were filed after November 3, 2020.

Kraus v. Cegavske

On October 23, the Nevada Republican Party and the Trump campaign joined a private citizen in filing a lawsuit in the First Judicial District Court of Nevada [37] against Secretary of State Barbara Cegavske and Clark County registrar of voters Joe Gloria, citing alleged problems with the signature verification process. [38] Judge James Wilson [39] rejected the lawsuit, [36] finding the plaintiffs lacked standing. [38] Plaintiffs appealed to the Supreme Court of Nevada. On November 5, a settlement was filed, effectively ending the lawsuit. [36]

New Jersey

Donald J. Trump for President v. Way

In August 2020, the Trump campaign sued New Jersey state officials in federal court, seeking to overturn an executive order issued by governor Phillip Murphy. In response to the COVID-19 pandemic, Murphy had ordered that mail-in ballots should be sent to all active voters in the state. The Trump campaign argued that the order violates the U.S. Constitution, which gives power to state legislatures to conduct congressional elections and select electors for the U.S. presidency. Thereafter, the New Jersey state legislature enacted legislation to the same effect as the governor's order. In September, the Trump campaign asked U.S. District Judge Michael Shipp to prohibit vote counting before election day, and the counting of mail-in ballots that are not postmarked and received after election day. On October 6, Judge Shipp denied the request. [41]

Pennsylvania

Pennsylvania Democratic Party v. Boockvar

Pennsylvania Democratic Party v. Boockvar was a case concerning the whether some sort of accommodations should be granted to citizens due to the COVID-19 pandemic. [44] This case was primarily filed in response to the decision of the Commonwealth Court of Pennsylvania in Delisle v. Boockvar from a couple weeks prior in which the court denied statewide injunctive relief for the 2020 Pennsylvania Primaries due to the COVID-19 pandemic. [47] Among the accommodations sought by the Pennsylvania Democratic Party was a request to count ballots received up to 3 days after 8 p.m on Election Day so long as they were not clearly postmarked after Election Day. [45] The case was originally filed by the Pennsylvania Democratic Party against the Secretary of the Commonwealth of Pennsylvania, Kathy Boockvar, in the Commonwealth Court of Pennsylvania on July 10, 2020, but ultimately raised to the Supreme Court of Pennsylvania. [44] The Supreme Court of Pennsylvania on September 8 decided that "Based on our disposition of all of the claims set forth above, we grant relief ... and hold that the Election Code permits county boards of election to collect hand-delivered mail-in ballots at locations other than their office addresses including drop-boxes as indicated herein, a three-day extension of the absentee and mail-in ballot received-by deadline is adopted such that ballots mailed by voters via the United States Postal Service and postmarked by 8:00 p.m. on Election Day, November 3, 2020, shall be counted if they are otherwise valid and received by the county boards of election on or before 5:00 p.m. on November 6, 2020; ballots received within this period that lack a postmark or other proof of mailing, or for which the postmark or other proof of mailing is illegible, will be presumed to have been mailed by Election Day unless a preponderance of the evidence demonstrates that it was mailed after Election Day; the poll watcher residency requirement set forth in ... is constitutional." [46] Starting on September 22, 2020, Pennsylvania State Legislature Republicans led by Joe Scarnati filed applications seeking a stay on the decision of the case. [44] These applications for stay were unsuccessful in both the Pennsylvania Supreme Court and the United States Supreme Court. The denial of the application filled in the United States Supreme Court was denied in a 4-4 decision due to Justice Amy Coney Barrett not being confirmed yet. The denial of these applications led to both United States Supreme Court cases Republican Party of Pennsylvania v. Boockvar (No. 20-542) and Scarnati v. Pennsylvania Democratic Party (No. 20-574).

Republican Party of Pennsylvania v. Boockvar and Scarnati v. Pennsylvania Democratic Party

Republican Party of Pennsylvania v. Boockvar (No. 20-542) [67] and Scarnati v. Pennsylvania Democratic Party (No. 20-574) [53] are two pending United States Supreme Court cases on whether the Supreme Court of Pennsylvania had the authority to provide the injunctive and declaratory relief in Pennsylvania Democratic Party v. Boockvar. This includes whether they had the authority to provide injunctive relief allowing ballots received in the state after 8 p.m. on Election Day to count. The first of these cases, Republican Party of Pennsylvania v. Boockvar, filed its first petition for writ of certiorari on October 23, 2020. A few days later on October 27, 2020, Scarnati v. Pennsylvania Democratic Party filed its first petition for writ of certiorari. [52] The next day on October 28, 2020, the United States Supreme Court rejected a motion to expedite Republican Party of Pennsylvania v. Boockvar. On November 6, 2020, Justice Samuel Alito ordered all received after 8 p.m on Election Day to be kept and tabulated separately pending the outcome of this litigation. [36] [48] [68] [69] On November 30, 2020, the cases were vided together to allow the two cases to be treated as one and a brief filed in one would apply to the other as well. [52] On December 16, 2020, the case briefs were distributed for the conference occurring on January 8, 2020. Due to Congress counting the electoral votes on January 6, 2020, it seems likely the cases will be dismissed as being moot barring any delay arising from Congress or expediency from the Supreme Court.

Texas

Several lawsuits were filed in Texas prior to the election.

Harris County drive-through voting suits

A number of lawsuits were brought against Harris County, the state's most populous county, challenging its drive-thru voting system set up as one of an array of measures to mitigate COVID-19 infection risk. Joe Straus, a former Republican Speaker of the Texas House, called the lawsuits "patently wrong". [58]

Hotze v. Hollins

This action was filed on October 28, 2020, in federal court in Houston by Republican activist Steven Hotze and GOP candidates. [70] [71] U.S. District Judge Andrew Hanen dismissed the complaint on November 2, [57] finding that the plaintiffs lacked standing. It was also reported that he stated during the remotely-conducted motion hearing that the Republicans needed to prove an "evil motive" to have the ballots thrown out and finding that they failed to do so. [72] [73] [74] An emergency motion in the United States Court of Appeals for the Fifth Circuit was unsuccessful. [57]

In re Steven Hotze, M.D., Harris County Republican Party, Hon. Keith Nielsen, and Sharon Hemphill

The Harris County Republican Party was joined by others in filing a mandamus petition with the Texas Supreme Court asking for a stop to drive-through voting in Harris County. The Texas Supreme Court denied the petition on October 22, 2020. [58]

In re Steven Hotze, M.D., Wendell Champion, Hon. Steven Toth, and Sharon Hemphill

Nearly identical to the previous petition, this original proceeding was filed in the Texas Supreme Court on October 27, 2020. [75] The plaintiffs asked the court to invalidate almost 127,000 votes already cast via drive-through facilities. [76] [77] This motion was denied by the Texas Supreme Court on November 1, 2020. [58]

Texas Democratic Party v. Abbott

On April 7, 2020, the Texas Democratic Party and several voters filed a lawsuit against state officials in federal court, seeking to change Texas state law that requires voters under age 65 to provide an excuse in order to vote by mail. In May, U.S. District Judge Fred Biery issued a preliminary injunction to allow all eligible voters to vote by mail, ruling that the state's differing treatment of voters based on age violated the Twenty-sixth Amendment to the United States Constitution.

On June 4, a motions panel of the U.S. Court of Appeals for the 5th Circuit put a hold on Judge Biery's ruling pending appeal. The Texas Democratic Party then filed a petition with the U.S. Supreme Court, asking for Judge Biery's ruling to be reinstated, but the justices denied the petition. On September 10, a different panel of the 5th Circuit issued a lengthy merits opinion that vacated Judge Biery's preliminary injunction, finding that the Texas law limiting no-excuse mail-in voting did not violate the Twenty-sixth Amendment. The court sent the case back to the district court for further proceedings on legal claims that the appeals court had not reached, including an equal protection challenge to the differential treatment of voters based on their age under pandemic conditions.

Texas League of United Latin American Citizens v. Abbott

On October 1, 2020, the Texas League of United Latin American Citizens and the National League of United Latin American Citizens, plus the League of Women Voters and two Texas voters, filed a lawsuit against Texas Governor Greg Abbott in federal district court. The groups sought to block the Governor's order limiting the number of absentee ballot drop-off sites to one per county, arguing that the order violated the U.S. Constitution and federal Voting Rights Act because it imposed burdens on older, sick, and disabled voters and disproportionately affected more populous counties.

U.S. District Judge Robert Pittman agreed and enjoined enforcement of the limit on drop-off sites. On appeal, a motions panel of the U.S. Court of Appeals for the 5th Circuit sided with the state, finding that the Governor's order "abridges no one's right to vote". The court placed an immediate stay on Judge Pittman's order, allowing the limit on drop-off sites to remain in place through the remainder of the 2020 U.S. presidential election season. [59] [60] The Texas Supreme Court followed the Fifth Circuit in denying a similar challenge by different plaintiffs in a parallel case litigated in state court, although the latter relied on state law, rather than federal law.

Washington

Washington v. Trump

State of Washington v. Trump (No. 1:20-cv-03127) [63] hinged on whether recent changes announced to the United States Postal Service violate federal administrative rulemaking requirements and infringe upon the rights of states to regulate elections under the Constitution. [62] On October 30, 2020, the court issued an order [78] regarding election mail.

See also

Related Research Articles

<span class="mw-page-title-main">Matthew W. Brann</span> American judge (born 1965)

Matthew William Brann is the Chief United States district judge of the United States District Court for the Middle District of Pennsylvania.

Voter suppression in the United States consists of various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Such voter suppression efforts vary by state, local government, precinct, and election. Voter suppression has historically been used for racial, economic, gender, age and disability discrimination. After the American Civil War, all African-American men were granted voting rights, but poll taxes or language tests were used to limit and suppress the ability to register or cast a ballot. The Civil Rights Act of 1964 improved voting access significantly.

<span class="mw-page-title-main">2020 United States presidential election</span> 59th quadrennial U.S. presidential election

The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020. The Democratic ticket of former vice president Joe Biden and the junior U.S. senator from California Kamala Harris defeated the incumbent Republican president, Donald Trump, and vice president, Mike Pence. The election took place against the backdrop of the global COVID-19 pandemic and related recession. The election saw the highest voter turnout by percentage since 1900, with each of the two main tickets receiving more than 74 million votes, surpassing Barack Obama's record of 69.5 million votes from 2008. Biden received more than 81 million votes, the most votes ever cast for a candidate in a U.S. presidential election.

<span class="mw-page-title-main">2016 United States presidential election recounts</span>

Following Republican nominee Donald Trump's presumed electoral college victory in the United States presidential election of 2016, a group of computer scientists, cyber security experts, and election monitors raised concerns about the integrity of the election results. They urged the campaign staff of Democratic nominee Hillary Clinton, who had conceded the campaign on November 9, to petition for a recount in three key states: Michigan, Pennsylvania, and Wisconsin. When the Clinton campaign declined to file for recounts, Green Party presidential nominee Jill Stein agreed to spearhead the recount effort on November 23, on the grounds that unspecified "anomalies" may have affected the election's outcome. The Clinton team subsequently pledged to support the recount efforts "in order to ensure the process proceeds in a manner that is fair to all sides." President-elect Trump and his supporters filed legal motions in all three states to prevent the recounts. Two other states were the subject of recount bids that were separate from Stein's efforts in the Rust Belt states: American Delta Party/Reform Party presidential candidate Rocky De La Fuente filed for a partial recount in Nevada on November 30, and three Florida citizens filed for a complete hand recount in their state on December 6.

<span class="mw-page-title-main">Legal affairs of Donald Trump as president</span>

The following is a list of notable lawsuits involving former United States president Donald Trump. The list excludes cases that only name Trump as a legal formality in his capacity as president, such as habeas corpus requests.

<span class="mw-page-title-main">Nicholas Ranjan</span> American judge (born 1978)

Jagan Nicholas Ranjan is a United States district judge of the United States District Court for the Western District of Pennsylvania.

<span class="mw-page-title-main">Ashley Moody</span> Attorney General of Florida since 2019

Ashley Brooke Moody is an American attorney and politician serving as the Florida attorney general since January 2019. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.

Ballot collecting, also known as "ballot harvesting", is the gathering and submitting of completed absentee or mail-in voter ballots by third-party individuals, volunteers or workers, rather than submission by voters themselves directly to ballot collection sites. It occurs in some areas of the U.S. where voting by mail is common, but some other states have laws restricting it. Proponents of ballot collection promote it as enfranchising those who live in remote areas or lack ready access to transportation, are incapacitated or in hospital or jail. Critics of ballot collection claim high probability for vote misappropriation or fraud.

<span class="mw-page-title-main">2020 United States presidential election in Pennsylvania</span> Election in Pennsylvania

The 2020 United States presidential election in Pennsylvania was held on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states plus the District of Columbia participated. Pennsylvania voters chose electors to represent them in the Electoral College via a popular vote, pitting the Republican Party's nominee, President Donald Trump, and running mate Vice President Mike Pence against Democratic Party nominee, former Vice President Joe Biden, and his running mate California Senator Kamala Harris. Pennsylvania has 20 electoral votes in the Electoral College.

<span class="mw-page-title-main">2020 United States presidential election in Texas</span>

The 2020 United States presidential election in Texas was held on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states plus the District of Columbia participated. Texan voters chose 38 electors to represent them in the Electoral College. In a popular vote the Republican Party's nominee, incumbent President Donald Trump, and running mate Vice President Mike Pence won all the electors against the Democratic Party's nominee, former Vice President Joe Biden, and his running mate California Senator Kamala Harris.

<span class="mw-page-title-main">Postal voting in the 2020 United States elections</span> Overview of postal voting in the 2020 United States elections

Postal voting played an important role in the 2020 United States elections, with many voters reluctant to vote in person during the ongoing COVID-19 pandemic. The election was won by Joe Biden, the Democratic candidate. The Republican candidate President Donald Trump made numerous false claims of widespread fraud arising from postal voting, despite nearly-universal agreement to the contrary, with overwhelming amounts of supporting evidence, by the mainstream media, fact-checkers, election officials, and the courts.

After the 2020 United States presidential election, the campaign for incumbent President Donald Trump and others filed and lost 62 lawsuits contesting election processes, vote counting, and the vote certification process in 9 states and the District of Columbia. Among the judges who dismissed the lawsuits were some appointed by Trump himself.

Texas v. Pennsylvania, 592 U.S. ___ (2020), was a lawsuit filed at the United States Supreme Court contesting the administration of the 2020 presidential election in four other states, in which Joe Biden defeated incumbent Donald Trump.

The following is a timeline of major events before, during, and after the 2020 United States presidential election, the 59th quadrennial United States presidential election, from November 2020 to January 2021. For prior events, see Timeline of the 2020 United States presidential election (2017–2019) and Timeline of the 2020 United States presidential election.

In direct response to Pennsylvania Democratic Party v. Boockvar and the 2020 United States presidential election in Pennsylvania, the Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the purview of the Pennsylvania Supreme Court and the election processes of Pennsylvania. All of these have either been dismissed or dropped. The last two remaining cases were dismissed without comment by the Supreme Court on February 22, 2021. On April 19, 2021, more than five months after the November 3, 2020 election, the Supreme Court declined to hear the outstanding case brought by former Republican congressional candidate Jim Bognet, dismissing it without comment.

The Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Michigan. All of these were either dismissed or dropped.

In direct response to election changes related to the COVID-19 pandemic, 2020 United States presidential election in Arizona, and "Sharpiegate"; the Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Arizona. All of these were either dismissed or dropped.

The Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Nevada. Many of the processes contested were created due to the COVID-19 pandemic. All of these were either dismissed or dropped.

In direct response to election changes related to the COVID-19 pandemic and 2020 United States presidential election in Georgia; the Donald Trump 2020 presidential campaign launched numerous civil lawsuits contesting the election processes of Georgia. All of these were either dismissed or dropped.

In direct response to election changes related to the COVID-19 pandemic and 2020 United States presidential election in Wisconsin; Donald Trump's campaign launched numerous lawsuits contesting the election processes of Wisconsin. All were either dismissed or dropped.

References

  1. Chaggaris, Steve (October 29, 2020). "How the COVID-19 pandemic has changed the US election". www.aljazeera.com. Archived from the original on November 20, 2020. Retrieved November 23, 2020.
  2. 1 2 Gomez, Alan; McCoy, Kevin (October 30, 2020). "Federal election lawsuits have already set a recent record. A look at 2020 in the courts". USA TODAY. Archived from the original on November 23, 2020. Retrieved November 23, 2020.
  3. 1 2 Hassan, Lila; Glaun, Dan (October 28, 2020). "COVID-19 and the Most Litigated Presidential Election in Recent U.S. History: How the Lawsuits Break Down". Frontline . PBS. Archived from the original on November 23, 2020. Retrieved November 23, 2020.
  4. 1 2 3 Quinn, Melissa (October 30, 2020). "Supreme Court referees spate of election battles: What their decisions say about how elections are regulated". www.cbsnews.com. Archived from the original on November 24, 2020. Retrieved November 23, 2020.
  5. 1 2 Kilgore, Ed (October 29, 2020). "How the Supreme Court Has Already Tinkered With the 2020 Election". Intelligencer. Archived from the original on November 18, 2020. Retrieved November 23, 2020.
  6. Sherman, Mark (October 29, 2020). "Supreme Court issues flurry of last-minute election orders". AP News. Archived from the original on November 20, 2020. Retrieved November 23, 2020.
  7. 1 2 "Mi Familia Vota v. Hobbs". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  8. "Response in opposition to preliminary injunction filed by Katie Hobbs, secretary of state of Arizona" (PDF). SCOTUSblog. October 2, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  9. "Motion to intervene as defendants filed by Republican National Committee, et al" (PDF). SCOTUSblog. October 2, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  10. "District court order extending voter registration deadline to Oct. 23, 2020, by 5 p.m." (PDF). SCOTUSblog. October 5, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  11. "Prospective stay of deadline extension issued by 9th Circuit, to take effect on Oct. 15" (PDF). SCOTUSblog. October 13, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  12. 1 2 Fischer, Howard (October 2, 2020). "Judge is asked to extend Arizona's voter registration deadline due to pandemic". Arizona Daily Star. Archived from the original on November 16, 2020. Retrieved November 17, 2020.
  13. 1 2 Oxford, Andrew. "Federal judge orders Arizona to extend voter registration deadline until Oct. 23". The Arizona Republic. Archived from the original on November 18, 2020. Retrieved November 17, 2020.
  14. 1 2 Fusillo, Catherine; Schlabach, Calah (October 14, 2020). "Arizona faces back-to-back court hearings with weeks to Election Day". Cronkite News - Arizona PBS. Archived from the original on October 26, 2020. Retrieved November 17, 2020.
  15. 1 2 "Arizona Democratic Party v. Hobbs". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  16. 1 2 Fischer, Howard (June 12, 2020). "Democrats challenge Arizona law that rejects unsigned mail-in ballots". Arizona Daily Star. Archived from the original on November 20, 2020. Retrieved November 18, 2020.
  17. 1 2 Fischer, Howard (September 17, 2020). "Trump campaign, Arizona GOP seek to keep ballot rule from taking effect before election". Arizona Daily Star. Archived from the original on November 18, 2020. Retrieved November 18, 2020.
  18. 1 2 "Gallagher v. Newsom Court Order" (PDF). November 14, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 15, 2020.
  19. Davis, Tina (November 7, 2020). "Trump's Election Lawsuits: Where the Fights Are Playing Out". Bloomberg Law. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  20. Corley, Laura (November 5, 2020). "Chatham County Judge Denies Trump, Georgia GOP Lawsuit Over Absentee Ballots". GPB. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  21. Tillman, Zoe (November 5, 2020). "Judges Are Rejecting Trump's False Claims Of Shady Poll Practices After Looking At The Evidence". Buzzfeed News. Archived from the original on November 16, 2020. Retrieved November 11, 2020.
  22. "The New Georgia Project v. Raffensperger". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  23. 1 2 "Michigan Alliance for Retired Americans v. Benson". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  24. "Opinion issued by state appeals court reinstating original ballot deadline" (PDF). SCOTUSblog. October 16, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  25. "Motion for injunction of state court order extending deadline filed by Ruth Johnson, former secretary of state of Michigan, et al., in federal district court" (PDF). SCOTUSblog. September 30, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  26. "Order issued by federal district court suspending appeal in light of Oct. 16 state appeals court order" (PDF). SCOTUSblog. October 19, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  27. "Opinion issued by state court of claims extending ballot deadline and curbing voter assistance ban" (PDF). SCOTUSblog. September 18, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 12, 2020.
  28. "Michigan Court of Claims docket (case #20-000108-MM)" (PDF). Archived (PDF) from the original on November 1, 2020.
  29. "Michigan Court of Appeals opinion, case #354993 (Judges Cameron & Gadola)" (PDF). Archived (PDF) from the original on November 1, 2020.
  30. "Michigan Court of Appeals opinion, case #354993 (Judge Boonstra, concurring)" (PDF). Archived (PDF) from the original on November 18, 2020.
  31. "Docket for Johnson v. Benson, 1:20-cv-00948 - CourtListener.com". CourtListener. Archived from the original on November 18, 2020. Retrieved November 17, 2020.
  32. Grayer, Annie. "Michigan appeals court reinstates Election Day deadline for absentee ballots". CNN. Archived from the original on November 6, 2020. Retrieved November 17, 2020.
  33. 1 2 LeBlanc, Beth (September 18, 2010). "Michigan clerks must accept late ballots if mailed by Nov. 2, judge rules". The Detroit News. Archived from the original on November 16, 2020. Retrieved November 17, 2020.
  34. 1 2 LeBlanc, Beth (October 16, 2020). "Appeals court rejects counting Michigan's late ballots". The Detroit News. Archived from the original on November 17, 2020. Retrieved November 17, 2020.
  35. 1 2 "Carson v. Simon". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  36. 1 2 3 4 5 Abramson, Alana; Abrams, Abigail (November 9, 2020). "Here Are All the Lawsuits the Trump Campaign Has Filed Since Election Day—And Why Most Are Unlikely to Go Anywhere". Time. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  37. 1 2 "Case 82018". Supreme Court of Nevada. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  38. 1 2 3 "Kraus v. Cegavske". Stanford-MIT Healthy Elections Project. Archived from the original on November 16, 2020. Retrieved November 11, 2020.
  39. 1 2 Ritter, Ken (October 23, 2020). "Trump campaign sues in Nevada to stop Vegas-area vote count". Associated Press. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  40. "Donald J. Trump for President v. Cegavske". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  41. 1 2 "Donald J. Trump for President v. Way". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  42. "Moore v. Circosta". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  43. "SCOTUS denial of emergency application for injunction pending appeal" (PDF). SupremeCourt.gov. October 28, 2020. Archived (PDF) from the original on November 20, 2020. Retrieved November 24, 2020.
  44. 1 2 3 4 "Pennsylvania Democratic Party v. Boockvar". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  45. 1 2 "Pennsylvania Democratic Party v. Boockvar, 407 MD (2020) - Petition for Injunctive and Declaratory Relief" (PDF). PA Courts. July 10, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved December 17, 2020.
  46. 1 2 "Pennsylvania Democratic Party v. Boockvar, 133 MM (2020) - Pennsylvania Supreme Court Opinion" (PDF). September 8, 2020. Retrieved December 16, 2020.
  47. 1 2 "Delisle v. Boockvar, 133 MM (2020) - Memorandum Opinion" (PDF). June 2, 2020. Retrieved December 18, 2020.
  48. 1 2 "Court complaint" (PDF). Archived (PDF) from the original on November 16, 2020.
  49. "PA Supreme Ct. docket sheet".
  50. "Supreme Court of the United States: 20-574". www.supremecourt.gov. Archived from the original on November 21, 2020. Retrieved November 22, 2020.
  51. "Supreme Court of the United States: 20-542". www.supremecourt.gov. Archived from the original on November 27, 2020. Retrieved November 22, 2020.
  52. 1 2 3 "Scarnati v. Pennsylvania Democratic Party". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  53. 1 2 "Docket for 20-574". www.supremecourt.gov. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  54. "Donald J. Trump for President, Inc. v. Boockvar". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  55. "Donald J. Trump for President v. Boockvar, 2:20-cv-966 - Final Opinion" (PDF). October 10, 2020. Retrieved December 19, 2020.
  56. "Memphis A. Philip Randolph Institute v. Hargett". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  57. 1 2 3 McCullough, Jolie (November 3, 2020). "Nearly 127,000 Harris County drive-thru votes appear safe after federal judge rejects GOP-led Texas lawsuit". The Texas Tribune. Archived from the original on November 16, 2020. Retrieved November 11, 2020.
  58. 1 2 3 4 5 Bleiberg, Jake (November 1, 2020). "Texas high court denies GOP effort to reject Houston votes". Associated Press. Archived from the original on November 16, 2020. Retrieved November 11, 2020.
  59. 1 2 "Texas League of United Latin American Citizens v. Abbott". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  60. 1 2 Chappell, Bill (October 13, 2020). "U.S. Appeals Court Sides With Texas On One-Per-County Ballot Drop-Off". NPR.org. Archived from the original on November 16, 2020. Retrieved November 16, 2020.
  61. "Texas Democratic Party v. Abbott". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  62. 1 2 "Washington v. Trump". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 12, 2020.
  63. 1 2 "Docket for State of Washington v. Trump, 1:20-cv-03127 - CourtListener.com". CourtListener. Archived from the original on November 18, 2020. Retrieved November 18, 2020.
  64. White, Jeremy B. (June 18, 2020). "California enacts November mail-ballot law — with surprising GOP support". Politico. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  65. "AB-860 Elections: vote by mail ballots. (2019-2020)". California Legislative Information. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  66. Kaul, Greta (October 30, 2020). "What the Appeals Court's decision on late-arriving ballots means for Minnesota — and where things could go from here". MinnPost. Archived from the original on November 16, 2020. Retrieved November 16, 2020.
  67. "Docket for 20-542". www.supremecourt.gov. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  68. Shubber, Kadhim (November 15, 2020). "Lawsuit tracker: where and how is Donald Trump fighting the result?". Financial Times. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  69. "Donald J. Trump for President, Inc. v. Boockvar". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
  70. "Complaint filed by Steven Hotze, et al., in federal district court" (PDF). SCOTUSblog. Archived (PDF) from the original on November 16, 2020. Retrieved November 11, 2020.
  71. "Hotze v. Hollins". SCOTUSblog. Archived from the original on November 16, 2020. Retrieved November 11, 2020.
  72. Naylor, Brian (November 2, 2020). "Federal Judge Dismisses Effort To Throw Out Drive-Through Votes In Houston". NPR.org. Archived from the original on November 16, 2020. Retrieved November 2, 2020.
  73. Mangan, Dan (November 2, 2020). "Judge rejects GOP bid to toss 127,000 drive-thru ballots in Harris County, Texas". CNBC. Archived from the original on November 16, 2020. Retrieved November 2, 2020.
  74. "Judge tells Texas Republicans they must prove 'evil motive' to throw out drive-through ballots". The Independent. November 2, 2020. Archived from the original on November 16, 2020. Retrieved November 2, 2020.
  75. "Petition for writ of mandamus to invalidate drive-through votes filed by Steven Hotze, et al., in Texas Supreme Court" (PDF). SCOTUSblog. October 27, 2020. Archived (PDF) from the original on November 16, 2020. Retrieved November 11, 2020.
  76. "Federal judge sets hearing Monday on challenge to ballots from drive-thru voting in Texas' largest county". CNN. October 31, 2020. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  77. "U.S. Judge to Hear Republican Bid to Void 100,000 Votes in Texas". U.S. News & World Report. October 31, 2020. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
  78. "Order – #103 in State of Washington v. Trump (E.D. Wash., 1:20-cv-03127) – CourtListener.com". CourtListener. Archived from the original on November 18, 2020. Retrieved November 18, 2020.