Government and Politics

2020 U.S. Presidential Election | Lawsuits Against State Government Declarations Regarding Voting

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Important Note:

According to the "Election Law Blog", as of September 20, 2020 there were at least 250 lawsuits filed in 45 different states regarding election and voting changes.

A R I Z O N A

Oct 15, 2020:

A three-judge federal appeals court panel threw out the Navajo Nation lawsuit regarding ballots received after the November 3 deadline.

The 15-page decision noted that there is no way to determine whether ballots received by election officials were cast by on-reservation Navajo Nation members or someone else.

Source:

Neidig, Harper. (October 15, 2020). "Appeals court throws out lawsuit from Navajo Nation members seeking to ease Arizona ballot deadlines". The Hill. Retrieved 2020-10-18.

Oct 7, 2020:

The Navajo Nation voters filed an appeal.

Source:

Davis-Young, Katherine. (October 7, 2020). "Navajo Reservation Files Lawsuit Over Mail-In Voting In Arizona". NPR. Retrieved 2020-10-09.

Sep 25, 2020:

Judge Murray Snow ruled against the Navajo Nation lawsuit.

Source:

Billeaud, Jacques. (September 25, 2020). "Judge won't extend time to count ballots from Navajo Nation". Associated Press. Retrieved 2020-10-09.

Sep 23, 2020:

Judge Murray Snow heard oral arguments in the Navajo Nation lawsuit.

One key issue in the case revolves around whether the burden (being geographically distant) applies specifically to the Navajo Nation, or whether it more broadly applies to other Native American tribes (like the Hopi) and other more distant rural areas in general.

Source:

Fischer, Howard. (September 23, 2020). "Judge hears arguments on Navajo voting rights case in Arizona". tucson.com. Retrieved 2020-09-25.

Sep 16, 2020:

Federal Judge Murray Snow denied a request by the Trump campaign to argue against the Navajo Nation lawsuit.

Snow noted that the GOP and Hobbs have all taken the same position against allowing more time to count ballots from the Navajo Nation.

Source:

(September 16, 2020). "Judge: Trump campaign can't join Navajo voting lawsuit". Associated Press. Retrieved 2020-09-23.

Sep 4, 2020:

Yesterday, the Trump campaign and other state and national Republican committees filed a lawsuit in a federal court disputing the lawsuit filed by six members of the Navajo Nation.

Source:

Ortiz, Erik. (September 4, 2020). "Trump campaign seeks to block Navajo Nation voters' lawsuit over Arizona mail-in ballots". NBC News. Retrieved 2020-09-23.

Aug 27, 2020:

Yesterday, six Navajo Nation residents filed a lawsuit in a federal court against Arizona Secretary of State Katie Hobbs (Democrat).

The lawsuit claims that Arizona's requirement that mail-in ballots be received by 7 p.m. on Election Day violates the Voting Rights Act, the Arizona Constitution, and tribal members' constitutional rights to equal protection under the 14th Amendment.

The lawsuit states that the reservation's high poverty rates, geographical isolation, lack of post offices, and other factors make it significantly harder for its residents to vote by mail.

The lawsuit also states that a request had been made earlier in August to accept mail-in ballots postmarked by November 3, even if they were received after that date.

Source:

Neidig, Harper. (August 27, 2020). "Navajo Nation members file lawsuit seeking to ease Arizona's vote-by-mail deadline". The Hill. Retrieved 2020-09-23.

Oct 2, 2020:

The U.S. Supreme Court announced it will review the 2016 Arizona "ballot harvesting" law and hear oral arguments next week.

The 9th U.S. Circuit Court of Appeals ruling has been put on hold until the Supreme Court rules on the case.

Source:

Bresko, Jessica; Sherman, Mark. (October 2, 2020). "Supreme Court to review Arizona 'ballot harvesting' law". Associated Press. Retrieved 2020-10-09.

Jan 28, 2020:

By a 7-4 margin, the 9th U.S. Circuit Court of Appeals ruled that a 2016 Arizona law barring anyone but a family member or caregiver from returning early ballots for another person violates the Voting Rights Act and the Constitution.

The Court also ruled that Arizona's policy of discarding ballots if a voter shows up at the wrong precinct violates the law.

Appeals Court Judge William A. Fletcher said the ban on what Republicans call "ballot harvesting" was enacted with "discriminatory intent."

The lawsuit which resulted in today's ruling has been working its way through the courts since shortly after the 2016 law was passed, and it was filed by the Democratic National Committee, the Democratic Senatorial Campaign Committee, and the state Democratic Party.

Source:

Christie, Bob; Billeaud, Jacques. (January 28, 2020). "Appeals court throws out Arizona ballot harvesting law". Associated Press. Retrieved 2020-10-09.

F L O R I D A

Oct 7, 2020:

In Florida, the Gutting of a Landmark Law Leaves Few Felons Likely to Vote | ProPublica

Sep 23, 2020:

Florida Attorney General Ashley Moody (Republican) wrote to the FBI and the Florida Department of Law Enforcement asking them to investigate Michael Bloomberg's plan to pay off felon debts in Florida so they can vote in the upcoming election.

The letter written by Moody states she was asked to investigate Bloomberg's plan by Florida Governor Ron DeSantis.

Source:

Rohrer, Gray. (September 24, 2020). "Moody wants investigation into Bloomberg donations to pay off Florida felons' fines". Orlando Sentinel. Retrieved 2020-09-25.

Sep 22, 2020:

Micheal Bloomberg has raised over $16 million which will be used to pay off debts owed by felons in the state of Florida so they can vote in the upcoming presidential election.

Source:

Mastrangelo, Dominick. (September 22, 2020). "Bloomberg pays fines for 32,000 felons in Florida so they can vote". The Hill. Retrieved 2020-09-22.

Sep 11, 2020:

In a 6-4 ruling, the 11th Circuit Court of Appeals (which includes Florida) ruled that felons must pay off any outstanding financial obligations in order to restore their rights to vote, reversing a lower court judge's decision.

Source:

Moreno, Edward J. (September 11, 2020). "Court upholds Florida law requiring felons to pay fines, fees before they can vote". The Hill. Retrieved 2020-09-22.

Jul 16, 2020:

The U.S. Supreme Court let stand a lower court ruling which states that Florida felons must pay off any outstanding financial obligations (all court-imposed costs) in order to restore their rights to vote.

Source:

Kruzel, John. (July 16, 2020). "Supreme Court declines to reinstate vote of nearly 1 million Florida felons". The Hill. Retrieved 2020-09-22.

I O W A

Sep 14, 2020:

Judge Ian Thornhill ruled in favor of the GOP, invalidating more than 90,000 absentee ballot requests in Johnson county.

Source:

Foley, Ryan J. (September 14, 2020). "Judge voids absentee ballot requests in Johnson County". Associated Press. Retrieved 2020-09-23.

Aug 29, 2020:

Judge Patrick Tott ruled in favor of the GOP, invalidating about 14,000 of the 57,000 absentee ballot requests that have already been returned in Woodbury county.

Source:

(August 29, 2020). "2nd Iowa judge backs GOP, rules ballot requests invalid". Associated Press. Retrieved 2020-09-23.

Aug 27, 2020:

Judge Ian Thornhill sided with the GOP lawsuit. Thornhill issued a temporary injunction order requiring Linn County Auditor Joel Miller to notify voters in writing that forms should not have been prepopulated, and that now they will have to either fill out new requests for absentee ballots or vote in person on Election Day. The ruling invalidates about 50,000 absentee ballot requests. A hearing for Johnson county is scheduled for next week.

Source:

Foley, Ryan J. (August 27, 2020). "Judge voids 50,000 absentee ballot requests in Iowa county". Associated Press. Retrieved 2020-09-20.

Aug 18, 2020:

The Trump campaign, the Republican National Committee, and other GOP groups filed a lawsuit against elections officials in Woodbury county in Iowa. The lawsuit is identical to lawsuits filed on August 13, 2020 regarding Linn and Johnson counties.

Source:

Foley, Ryan J. (August 18, 2020). "Trump campaign sues 3rd Iowa county over absentee mailings". Associated Press. Retrieved 2020-09-23.

Aug 13, 2020:

The Trump campaign, the Republican National Committee, and other GOP groups filed lawsuits against elections officials in Linn and Johnson counties in Iowa.

The lawsuits state that county auditors are violating a directive recently issued by Iowa Secretary of State Paul Pate (Republican), and that any ballots cast in response to the ballot request mailings may be subject to legal challenge. Last month, Pate issued an emergency election directive stating that request forms mailed to voters must be blank in order "to ensure uniformity."

Following Iowa's June primary, a new law was passed by the Republican-controlled Legislature blocking county officials from prepopulating forms with pin numbers and other missing information like they have in past elections.

Forms recently sent by Linn and Johnson county auditors (both Democrats) were prepopulated with some personal identifying information, including names, dates of birth, and voting pin numbers. Auditors said the reason for prepopulating the forms was to make it easier for voters and to prevent common mistakes.

In Linn country, about 140,000 prepopulated forms were sent out last month. In Johnson county, about 92,000 prepopluated forms are being sent out.

Both Linn and Johnson counties have been important sources of Democratic votes in recent elections.

The lawsuit does not include Republican-leaning Woodbury County, where prepopulated forms were sent to 57,000 registered voters this month.

Source:

Foley, Ryan J. (August 13, 2020). "Trump campaign sues key Iowa counties over absentee mailings". Associated Press. Retrieved 2020-09-20.

M O N T A N A

Oct 8, 2020:

U.S. Supreme Court Justice Elena Kagan denied the appeal and injunction request regarding Governor Steve Bullock's August 6, 2020 directive.

Kagan has jurisdiction over the 9th Circuit Court of Appeals, and she denied the request without referring the petition to her Supreme Court colleagues or asking the other side for its views.

Source:

de Vogue, Ariane; Kelly, Caroline. (October 8, 2020). "Supreme Court Justice Kagan clears the way for sending mail-in ballots to Montana voters". CNN. Retrieved 2020-10-09.

Oct 7, 2020:

Attorney's for Joe Lamm, Ravalli County Republican Central Committee, Jeff Wagner, Sylvia Wagner, Fiona Nave, and Brent Nave filed an appeal with the U.S. Supreme Court shortly after yesterday's ruling by the 9th Circuit Court of Appeals.

The appeal asks for an emergency application for writ of injunction relief no later than tomorrow, October 8, 2020 (ballots are scheduled to be mailed out tomorrow).

Source:

(October 7, 2020). "Push to block Montana mail-in ballots appealed to U.S. Supreme Court". NBC News. Retrieved 2020-10-09.

Oct 6, 2020:

The 9th Circuit Court of Appeals rejected a request by Joe Lamm, Ravalli County Republican Central Committee, Jeff Wagner, Sylvia Wagner, Fiona Nave, and Brent Nave for an emergency injunction to prevent mail-in ballots from being mailed out on October 9. This same group of plaintiffs is appealing Judge Dana Christensen's September 30, 2020 ruling.

An opening brief in the case is scheduled for January 8, 2021.

Source:

(October 6, 2020). "Appeals court rejects emergency injunction request, ballots will be mailed to Montana voters on Friday". NBC News. Retrieved 2020-10-09.

Sep 30, 2020:

U.S. District Judge Dana Christensen ruled in favor of Montana Governor Steve Bullock's August 6, 2020 directive.

Christensen also denied the plaintiff's requests for injunctive, declaratory, or any other form of relief, and he denied all pending motions.

In his ruling, Christensen said:

As such, the Court finds that the Directive violates neither the Elections or Electors clause of the United States Constitution and judgment in favor of the Defendants on this claim is appropriate.

When pressed during the hearing in this matter, the plaintiffs were compelled to concede that they cannot point to a single instance of voter fraud in Montana in any election during the last 20 years. Importantly, Montana's use of mail ballots during the recent primary election did not give rise to a single report of voter fraud.

Spenser Merwin, the executive director of the Montana GOP released a statement saying:

While unsurprising, Judge Christensen's ruling is disappointing. The U.S. and Montana Constitutions are very clear: the state legislature has the sole authority to determine the time, place, and manner of elections. Yet Gov. Steve Bullock- the very person with the most to gain as a candidate on the ballot this November - unilaterally rewrote election laws in a broader effort to benefit his U.S. Senate campaign.

45 of Montana's 56 counties decided to hold the general election with mail-in ballots, as well as offering in-person voting.

Source:

Georgiou, Maritsa. (September 30, 2020). "Judge rules in Bullock's favor in mail ballot lawsuit". NBC Montana. Retrieved 2020-10-09.

Sep 2, 2020:

The Trump campaign and the Republican Party filed a lawsuit claiming that Governor Bullock's August 6, 2020 directive would dilute the integrity of Montana's election system.

Source:

Associated Press. (September 3, 2020). "Trump campaign, GOP sue after Montana Gov. Bullock green lights vote-by-mail option". NBC News. Retrieved 2020-09-23.

Aug 6, 2020:

Montana Governor Steve Bullock issued a directive allowing counties to send mail-in ballots and to expand early voting.

Specifically, the order declares the following:

  • Election administrators are encouraged to publicize mail and early voting options, to make options available to voters early, and to work with local nonprofit organizations to facilitate voting, especially on reservations.
  • The Secretary of State's Office will include designated place of deposit locations on voters' "My Voter Page" profiles, in addition to showing available polling places.
  • A recommendation that Automark or Expressvote technology be made available at polling locations from Oct. 2 through Election Day.
  • An extension to the close of regular voter registration until 10 days before the election to minimize the need for in-person registration or lines.
  • County election administrators will be able to make ballots available from Oct. 2 until the end of the election.
  • Mail-in ballots will be sent on Oct. 9 and no postage will be required to return them by mail.

Source:

Associated Press and NBC Montana. (August 6, 2020). "Montana allows counties to hold all-mail voting in November". NBC Montana. Retrieved 2020-09-23.

N E V A D A

Oct 24, 2020:

Yesterday, the Trump campaign and the Nevada GOP filed a lawsuit against Nevada Secretary of State Barbara Cegavske (Republican) and Clark County Registrar of Voters Joseph Gloria. The intent of the lawsuit is to stop the early counting of mail-in ballots.

The lawsuit claims that:

  • Gloria did not receive proper approval from Cegavske back in April for his proposal to accommodate observers at polling stations.
  • Observers can't get close enough to election workers and machines to confirm that mail-in ballots are fully validated
  • An earlier request for cameras, so observers could monitor while social distancing, was denied.

In Carson City, Judge James Wilson did not issue an immediate order to stop the counting of early ballots, but he did schedule a hearing for next Wednesday.

Source:

Axelrod, Tal. (October 24, 2020). "Trump campaign asks court to block early vote counting in Nevada". The Hill. Retrieved 2020-10-24.

Ritter, Ken. (October 24, 2020). "Trump campaign sues in Nevada to stop Vegas-area vote count". Associated Press. Retrieved 2020-10-24.

Sep 21, 2020:

Judge James Mahan, a federal judge in Nevada, dismissed the lawsuit filed by the Trump campaign on August 4, 2020. Mahan said the lawsuit was overly speculative, and that it was more about policy disagreements with state officials than about constitutional issues. Mahan also noted that the Trump campaign did not show in the lawsuit how their member voters (primarily Republicans) would be more harmed by any dilution of votes than other voters (primarily Democrats).

Source:

Neidig, Harper. (September 22, 2020). "Judge rejects Trump campaign challenge to Nevada mail-in voting expansion". The Hill. Retrieved 2020-09-22.

Aug 5, 2020:

Trump tweeted the following about Nevada's expanded mail-in voting:

Nevada has ZERO infrastructure for Mail-In Voting. It will be a corrupt disaster if not ended by the Courts. It will take months, or years, to figure out. Florida has built a great infrastructure, over years, with two great Republican Governors. Florida, send in your Ballots!

Source:

Gstalter, Morgan. (August 5, 2020). "Trump campaign sues Nevada over expanded mail-in voting". The Hill. Retrieved 2020-09-14.

Aug 4, 2020:

The Trump campaign filed a lawsuit in the U.S. District Court in Nevada against Republican Secretary of State Barbara Cegavske claiming that mail-in voting expansion in bill AB4 recently approved by the Nevada Legislature (and signed into law yesterday by Nevada Governor Steve Sisolak) would make voter fraud "inevitable."

Bill AB4 says that for the upcoming November general election, and "any others [elections] that happen in the wake of a statewide emergency or disaster directive" all active registered voters will be sent a mail-in ballot.

In the lawsuit the Trump campaign claims that AB4 forces Republicans to expend resources to 1) educate people about the changes, and 2) encourage them to participate. The campaign also alleges that "major or hasty changes" might confuse voters, "undermine confidence in the electoral process", and create an incentive to remain away from the polls.

Source:

Snyder, Riley; Rindels, Michelle. (August 4, 2020). "Trump campaign sues Nevada over bill expanding mail-in voting for general election". The Nevada Independent. Retrieved 2020-09-14.

N E W J E R S E Y

Sep 8, 2020:

In a teleconference with case lawyers, U.S. District Judge Michael Shipp said that lawyers for the plaintiff (the Trump campaign and others) need to essentially hurry up if they want the case decided in time to potentially take effect before the upcoming general election.

The judge noted that the case was not filed with "urgency." And, when the lawsuit was filed, the Trump campaign did not file a motion to halt (injunction) Governor Murphy's plans before the case is decided.

Source:

Friedman, Matt. (September 8, 2020). "Judge to lawyers in Trump mail-in ballot lawsuit against New Jersey: Hurry up". Politico. Retrieved 2020-09-23.

Aug 18, 2020:

The Trump campaign, along with the Republican National Committee and the New Jersey Republican State Committee, filed a lawsuit in the U.S. District Court for New Jersey to invalidate Governor Murphy's Executive Order 177.

The filing claims that what Murphy did is "illegal", that he exercised power that belongs to the state legislature in changing the state's election law, and that the changes "will violate eligible citizens' right to vote."

Source:

Singh, Kanishka. (August 18, 2020). "Trump campaign sues New Jersey after its decision to mail ballots in November election". Reuters. Retrieved 2020-09-23.

Salant, Jonathan D. (August 19, 2020). "Trump campaign sues N.J. to stop Murphy's vote-by-mail order, calling it 'brazen power grab". nj.com. Retrieved 2020-09-23.

Aug 14, 2020:

New Jersey Governor Phil Murphy signed Executive Order 177 declaring the following:

  • All active registered voters will automatically be sent a mail-in ballot (with pre-paid postage) for the upcoming general election.
  • Voters will have the option to either return ballots through a secure drop box or to return ballots at a polling location on Election Day.
  • A minimum of at least one polling place in each municipality and a minimum of 50 percent of polling places in each county must be established to provide New Jersey voters with access to in-person voting opportunities (including accommodations for voters with disabilities). All public schools will close for in-person instruction on November 3rd to allow counties to use their buildings as polling locations, if necessary.

Source:

(August 14, 2020). "Governor Murphy Signs Executive Order to Protect Public Health by Mailing Every Active Registered Voter a VBM Ballot Ahead of the General Election". nj.gov. Retrieved 2020-09-23.

P E N N S Y L V A N I A

Feb 21, 2021:

https://thehill.com/homenews/campaign/539845-supreme-court-wont-review-pennsylvania-gop-election-lawsuit
https://www.cnn.com/2021/02/22/politics/election-pennsylvania-republicans-supreme-court/index.html

Oct 19, 2020:

The U.S. Supreme Court voted 4-4 on the September 17, 2020 ruling by the Pennsylvania Supreme Court. The Court's three liberal justices and John Roberts voted to uphold the Pennsylvania's Supreme Court ruling, and the other four conservative justices voted against.

As a result of this ruling, mail-in ballots in Pennsylvania received up through November 6 will be counted.

Source:

Sherman, Mark; Levy, Mark. (October 19, 2020). "High court allows 3-day extension for Pennsylvania ballots". Associated Press. Retrieved 2020-10-19.

Oct 10, 2020:

In a win for Democrats, U.S. District Judge J. Nicholas Ranjan ruled against the June 30, 2020 lawsuit brought by the Trump campaign, the national Republican Party, and four Pennsylvania Republican members of Congress.

In his ruling Ranjan said:

While plaintiffs may not need to prove actual voter fraud, they must at least prove that such fraud is 'certainly impending'. They haven't met that burden. At most, they have pieced together a sequence of uncertain assumptions.

Source:

Levy, Mark. (October 10, 2020). "Judge throws out Trump campaign's Pennsylvania lawsuit". Associated Press. Retrieved 2020-10-10.

Sep 28, 2020:

Top members of Pennsylvania's GOP-dominant legislature asked the U.S. Supreme Court to pause the September 17, 2020 Pennsylvania Supreme Court ruling while they formally file an appeal to the U.S. Supreme Court. The Republican Party of Pennsylvania filed a similar request to the Supreme Court later in the day.

Source:

Kruzel, John. (September 22, 2020). "GOP asks Supreme Court to halt mail voting extension in Pennsylvania". The Hill. Retrieved 2020-09-28.

Sep 22, 2020:

Republicans plan to appeal the September 17, 2020 Pennsylvania Supreme Court ruling to the U.S. Supreme Court.

Source:

Kruzel, John. (September 22, 2020). "GOP will ask Supreme Court to limit mail voting in Pennsylvania in first post-RBG test". The Nevada Independent. Retrieved 2020-09-22.

Sep 17, 2020:

The Pennsylvania Supreme Court ruled that:

  • Mail-in ballots will be accepted if they are received by 5 p.m. on the Friday after the election, as long as the ballots are either postmarked by November 3 or there is no evidence to suggest they were sent after Election Day. Previously, mail-in ballots had to be received by 8 p.m. on Election Day.
  • Voters can submit their ballots through drop boxes.
  • Green Party candidate Howie Hawkins will not appear on the ballot.

Source:

Gringlas, Sam. (September 17, 2020). "Pennsylvania Supreme Court Extends Vote By Mail Deadline, Allows Drop Boxes". NPR. Retrieved 2020-09-22.

Levy, Mark. (September 17, 2020). "Pennsylvania Democrats notch key election-related court wins". Associated Press. Retrieved 2020-10-19.

Aug 23, 2020:

In Pennsylvania, U.S. District Judge J. Nicholas Ranjan put the June 30, 2020 election case on hold until October 5, giving the Pennsylvania state courts time to decide or at least resolve some of the issues.

Source:

Levy, Mark. (August 23, 2020). "Trump campaign's election lawsuit in Pennsylvania halted". Associated Press. Retrieved 2020-10-10.

Jun 29, 2020:

The Trump campaign, the national Republican Party, and four Pennsylvania Republican members of Congress (Glenn Thompson, John Joyce, Mike Kelly, and Guy Reschenthaler) sued all 67 Pennsylvania county election boards and Pennsylvania Secretary of State Kathy Boockvar.

The roots of the lawsuit go back to late last year when an election reform bill was passed by the state Legislature and signed by Democratic Governor Tom Wolf. The lawsuit claims that all 67 election boards and Boockvar "have inexplicably chosen a path that jeopardizes election security and will lead -- and has already led -- to the disenfranchisement of voters, questions about the accuracy of election results, and ultimately chaos", and that the practices and procedures by election officials are contrary to state law, and the state and federal constitutions.

Source:

Scolforo, Mark. (June 29, 2020). "Trump campaign sues over mail-in drop-off sites for ballots". Associated Press. Retrieved 2020-10-10.

Oct 29, 2019:

Election reform bill speeds toward approval in Pennsylvania | Associated Press

T E X A S

Sep 23, 2020:

A group of prominent Republicans filed a lawsuit against Governor Greg Abbott claiming he did not have the power to put in place six additional days of early voting without input from the state legislature (currently out of session until January).

Source:

Weber, Paul J. (September 23, 2020). "Republicans sue Texas governor over expanded early voting". Associated Press. Retrieved 2020-09-25.

Jul 27, 2020:

Texas Governor Greg Abbott (Republican) extended early voting (in person) for the upcoming November election by six days. Early voting will now start on October 13 instead of October 19.

Source:

Svitek, Patrick. (September 16, 2020). "Gov. Greg Abbott extends early voting for November election by six days, starting Oct. 13". The Texas Tribune. Retrieved 2020-09-25.

V E R M O N T

Sep 16, 2020:

U.S. District Court Judge Geoffrey Crawford denied a motion for a preliminary injunction and dismissed a lawsuit filed by five Vermont residents.

The lawsuit claims that Vermont's plan to mail ballots to all of the state's active voters could result in improperly cast ballots, which would violate the Constitutional rights of Vermonters by "diluting" their votes.

Source:

(September 16, 2020). "US judge rejects challenge to Vermont vote-by-mail system". Associated Press. Retrieved 2020-09-25.

W I S C O N S I N

Oct 26, 2020:

By a vote of 5-3, the U.S. Supreme Court refused to reinstate a lower court order allowing a 6-day extension for the counting of absentee ballots.

Source:

Sherman, Mark. (October 26, 2020). "High court won't extend Wisconsin's absentee ballot deadline". Associated Press. Retrieved 2020-10-26.

Oct 8, 2020:

By a vote of 2-1, the 7th Circuit Court of Appeals ruled to block Judge Conley's September 21, 2020 ruling regarding the 6-day extension for the counting of absentee ballots.

Source:

Richmond, Todd. (October 8, 2020). "Court blocks extension of Wisconsin absentee ballot deadline". Associated Press. Retrieved 2020-10-09.

Oct 6, 2020:

The Wisconsin Supreme Court ruled 4-3 that Republican state legislators have the legal standing to appeal, and that they can represent the state in disputes over whether statutes are valid.

Writing for the majority, Justice Brian Hagedorn said an earlier July ruling regarding standing was narrowly tailored, that the attorney general doesn't have exclusive authority to defend state law, and that the Legislature can intervene and represent the state's interest in upholding statutes.

Now, the 7th Circuit Court of Appeals can decide if it wants to review the case.

Source:

Richmond, Todd. (October 6, 2020). "Court: Wisconsin Republicans have standing in absentee case". Associated Press. Retrieved 2020-10-09.

Sep 28, 2020:

The 7th Circuit Court of Appeals issued a temporary stay on the September 21, 2020 order issued by U.S. District Judge William Conley so it can review his ruling.

Source:

Bowden, John. (September 28, 2020). "Appeals court pauses 6-day extension for counting Wisconsin absentee ballots". The Hill. Retrieved 2020-09-28.

Sep 21, 2020:

U.S. District Judge William Conley ruled that absentee ballots can be counted up to six days after the November 3 presidential election as long as they are postmarked by Election Day.

In his ruling, Conley also extended the October 14 deadline for by-mail and electronic voter registration to October 21. He also ruled that poll workers can work in any county, not just in the county where they live.

However, Conley also issuing a 7-day preliminary injunction on his ruling to give Republicans time for a U.S. Supreme Court appeal.

Source:

Bauer, Scott; Richmond, Todd. (September 21, 2020). "Judge extends Wisconsin absentee cutoff 6 days post election". Associated Press. Retrieved 2020-09-28.

Sep 29, 2020:

The Wisconsin Supreme Court heard oral arguments regarding the lawsuit filed by the Wisconsin Institute for Law and Liberty. The number of voters who might be affected now stands at 130,000.

To date, no voters have been purged/deactivated. If voters are purged/deactivated, they can re-register before or on Election Day when they show up at a polling station.

Source:

Bauer, Scott. (September 29, 2020). "Wisconsin justices weigh removal of 130K from voter rolls". Associated Press. Retrieved 2020-10-02.

Feb 28, 2020:

A Wisconsin appeals court overturned Judge Paul Malloy's December 13, 2019 ruling. The appeals court also vacated Malloy's order that found the state Elections Commission in contempt for not moving forward with the purge.

The Wisconsin Institute for Law and Liberty said it would appeal to the Wisconsin Supreme Court.

Source:

Bauer, Scott. (February 2, 2020). "Wisconsin court overturns ruling ordering voter purge". Associated Press. Retrieved 2020-09-30.

Jan 13, 2020:

Judge Malloy said that the Wisconsin Elections Commission is in contempt of court and he instructed the Commission to immediately remove over 200,000 voters from it's voter rolls.

Malloy said that the three Democratic commissioners (who all voted against purging voter rolls) will each face a $250 fine for every day they don't comply. Malloy said that the three Republican commissioners (who are in agreement with Malloy's order to purge immediately) will face no fines. Malloy also said that the Commission itself faces a $50 fine for every day the purge doesn't happen.

A conservative law firm asked that the Wisconsin Supreme Court (5-2 conservative-democratic) immediately hear the case, but the Court voted 3-3 on that request (one conservative judge sided with Democrats, and one other conservative judge recused himself because he is up for election in April), meaning that the legal battle will now shift to a lower state appeals court.

Source:

Bauer, Scott; Moreno, Ivan. (January 13, 2020). "Wisconsin judge orders up to 209K voter names be deleted". Associated Press. Retrieved 2020-10-01.

Jan 2, 2020:

Rick Esenberg, leader of the conservative Wisconsin Institute for Law and Liberty, asked a judge to find the Wisconsin Elections Commission in contempt and impose a $12,000 per day fine on five of the six commissioners until it immediately purges more than 200,000 voters from its voter rolls.

Source:

Bauer, Scott. (January 2, 2020). "Conservatives seek immediate purge of voters in Wisconsin". Associated Press. Retrieved 2020-09-30.

Dec 20, 2019:

After Judge Malloy's ruling last week on December 13, the Wisconsin Department of Justice appealed to the Wisconsin state court of appeals asking that Malloy's ruling be put on hold.

Today, the Wisconsin Institute for Law and Liberty asked the Wisconsin Supreme Court (controlled 5-2 by conservatives) to bypass the appeals court and to immediately take the case.

Source:

Bauer, Scott. (December 20, 2020). "Wisconsin Supreme Court asked to take over voter purge case". Associated Press. Retrieved 2020-09-30.

Dec 13, 2019:

In Ozaukee County, Circuit Judge Paul Malloy granted a writ of mandamus (a court order saying a government official or agency must do its job), saying he was convinced the Elections Commission had a clear, positive, plain legal duty to purge the voter rolls within 30 days.

Malloy also said:

I don't want to see someone deactivated, but I don't write the law.

There's no basis for saying 12 to 24 months is a good time frame. It's not that difficult to do it sooner. If you don't like (it), you have to go back to the Legislature.

The League of Women Voters and the Wisconsin Elections Commission said they will appeal and asked Malloy to stay his ruling pending an appeal, but Malloy declined.

Source:

Marley, Patrick' Vielmetti, Bruce. (December 13, 2019). "Judge orders state to purge more than 200,000 Wisconsin voters from the rolls". Milwaukee Journal Sentinel. Retrieved 2020-09-30.

Nov 13, 2019:

On October 19, 2019, the Wisconsin Elections Commission sent letters to about 234,000 voters who the Commission suspects may have moved, asking those voters to update their voter registrations if they have moved or to confirm they were still at the same address. The Commission planned to remove letter recipients from the voter rolls in 2021 if it hadn't received a response from them.

Today, three suburban men from Milwaukee and the Wisconsin Institute for Law & Liberty filed a lawsuit against Wisconsin state election officials. The lawsuit claims that state law requires the Commission to remove someone from the voter rolls within 30 days if it does not get a response to a letter regarding moving.

Source:

Marley, Patrick. (November 13, 2019). "Lawsuit seeks to force Wisconsin election officials to remove people who may have moved from the voter rolls". Milwaukee Journal Sentinel. Retrieved 2020-09-30.

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