Justia Election Law Opinion Summaries

Plaintiffs Tati Abu King and Toni Heath Johnson were unable to register to vote in Virginia due to felony convictions. King was convicted of felony drug possession in 2018, and Johnson was convicted of multiple felonies, including drug possession, in 2021. Virginia's constitution disenfranchises individuals convicted of felonies unless their civil rights are restored by the Governor or other appropriate authority. King and Johnson argued that this disenfranchisement violated the Virginia Readmission Act, a federal statute from 1870, which they claimed restricted Virginia from amending its constitution to disenfranchise individuals for crimes that were not felonies at common law in 1870.The United States District Court for the Eastern District of Virginia dismissed three of the four counts in the plaintiffs' complaint for failure to state a claim but allowed one count based on the Virginia Readmission Act to proceed. The defendants, including various state election officials and the Governor of Virginia, moved to dismiss the complaint on sovereign immunity grounds, which the district court rejected.The United States Court of Appeals for the Fourth Circuit reviewed the case and held that the plaintiffs' claim met the requirements of the Ex parte Young doctrine, which allows suits for prospective relief against state officials to prevent ongoing violations of federal law. The court affirmed the district court's decision to allow the claim to proceed against most defendants but reversed the decision regarding the Governor of Virginia and the Secretary of the Commonwealth, finding that they lacked enforcement responsibility for the challenged state action. The court concluded that the Governor and Secretary must be dismissed from the case on sovereign immunity grounds. The district court's order was thus affirmed in part and reversed in part. View "King v. Youngkin" on Justia Law

The case involves a challenge to a Mississippi statute that allows absentee ballots to be received up to five days after the federal Election Day. The plaintiffs, including the Republican National Committee and the Mississippi Republican Party, argued that this state law conflicts with federal statutes that establish a uniform Election Day for federal elections. The plaintiffs sought to enjoin state officials from enforcing the post-election ballot deadline.The United States District Court for the Southern District of Mississippi consolidated two lawsuits and granted summary judgment in favor of the defendants, which included various state election officials. The district court held that Mississippi's statute did not conflict with federal law and thus was not preempted. The plaintiffs appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court's judgment. The Fifth Circuit held that the federal Election Day statutes preempt Mississippi's law because federal law mandates that all ballots must be received by Election Day. The court emphasized that the term "election" includes both the casting and receipt of ballots, and that the election is not consummated until all ballots are received. The court also noted that historical practices and other federal statutes support this interpretation. The case was remanded for further proceedings to determine appropriate relief, considering the proximity to upcoming elections. The court also vacated the district court's summary judgment on the plaintiffs' § 1983 claims and remanded for reconsideration. View "Republican National Committee v. Wetzel" on Justia Law

Four registered voters and several non-profit organizations sued the Cobb County Board of Elections and Registration, alleging that the 2022 redistricting map for the Cobb County School Board was an unconstitutional racial gerrymander. They claimed the map packed Black and Latino voters into certain districts to dilute their political power and maintain a majority white School Board. The plaintiffs sought declaratory and injunctive relief to prevent the use of the 2022 map in future elections.The Cobb County School District intervened as a defendant and moved for judgment on the pleadings, arguing it was not liable for any constitutional violation because the Georgia General Assembly, not the School Board, enacted the map. The district court granted the School District’s motion based on Monell v. Department of Social Services of New York, but did not immediately enter judgment. The School District continued to participate in the case, prompting the court to formally terminate it as a party. The plaintiffs and the Election Defendants then entered a settlement, leading to a preliminary injunction against the 2022 map.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court dismissed the School District’s appeal for lack of jurisdiction, holding that the School District, as a nonparty, lacked standing to appeal the preliminary injunction. The court emphasized that only parties or those who properly become parties may appeal, and the School District had not sought to reintervene for purposes of appeal. The court also noted that the School District’s participation as an amicus did not grant it the right to appeal. View "Cobb County School District" on Justia Law

The case involves the Tennessee Conference of the National Association for the Advancement of Colored People (NAACP) challenging a state policy that requires some convicted felons to submit additional documentation to confirm their eligibility to vote. The NAACP argued that this policy violated the National Voter Registration Act (NVRA). A district court agreed with the NAACP and permanently enjoined the policy in the middle of the 2024 election cycle. Tennessee's Secretary of State and Coordinator of Elections appealed this decision and sought a stay of the injunction pending appeal.The district court's decision was based on the finding that the NAACP had standing to challenge the policy and that the policy violated the NVRA. The court held that the policy was unnecessary for determining the eligibility of those with felony convictions as the state had other information at its disposal to make that decision.The United States Court of Appeals for the Sixth Circuit granted the stay for two reasons. First, the injunction triggered the Supreme Court’s “Purcell principle,” which instructs federal courts not to disrupt state election rules close to an election. Second, the court found that the NAACP likely did not present enough evidence to prove its standing to challenge the Documentation Policy. The court concluded that the NAACP's claim that the policy forced it to divert its resources to help those convicted of felonies track down the records they need to register was not supported by specific facts. View "Tennessee Conference of the NAACP v. Lee" on Justia Law

The case involves a group of civil rights organizations, voters, and an election official who sought to challenge recent amendments to Texas's election code, alleging that these amendments violated the United States Constitution and several federal statutes. The defendant was the District Attorney for Harris County, sued in her official capacity. The district court denied the District Attorney's motion to dismiss, holding that she was not immune from the plaintiffs' constitutional claims and that the plaintiffs had standing to bring their claims against her.The United States Court of Appeals for the Fifth Circuit held that it had jurisdiction to hear the appeal and that the district court should have dismissed the plaintiffs' constitutional claims as barred by sovereign immunity. The court did not reach the issue of standing. The court reversed in part, vacated in part, and remanded the case for further proceedings.The court's decision was based on the principle of sovereign immunity, which generally protects state officials from being sued in their official capacities. However, there is an exception to this rule, known as the Ex parte Young exception, which allows federal courts to enjoin state officials from enforcing unconstitutional state statutes. The court found that the District Attorney did not have a sufficient connection to the enforcement of the challenged laws to fall within this exception. Therefore, the court concluded that the District Attorney was immune from the plaintiffs' constitutional claims. View "Mi Familia Vota v. Ogg" on Justia Law

A group of Ohio voters sought to amend the Ohio Constitution through a ballot initiative. To do so, they had to submit their proposed amendment, a summary of the amendment, and one thousand supporting signatures to the Ohio Attorney General, who then had to certify that the summary was a fair and truthful statement of the proposed amendment. The Attorney General, David Yost, declined to certify the plaintiffs' summary on at least six occasions. After the most recent denial, the plaintiffs sought review from the Supreme Court of Ohio, which declined to grant expedited review. The plaintiffs then filed a complaint in federal district court, alleging that the Attorney General's enforcement of the certification requirement violated their First and Fourteenth Amendment rights by creating an unconstitutional obstacle to their ballot access and their ability to advocate for their proposed amendment. The district court denied the plaintiffs' motion for preliminary injunctive relief.On appeal, the United States Court of Appeals for the Sixth Circuit reversed the district court's decision. The appellate court found that the plaintiffs had standing to bring their claims and were not barred by sovereign immunity. The court also determined that the certification requirement imposed a severe burden on the plaintiffs' core political speech, and that the state had not shown that the requirement was narrowly tailored to its interests. The court therefore concluded that the plaintiffs were likely to succeed on the merits of their First Amendment claim. The court also found that the remaining factors for granting a preliminary injunction weighed in the plaintiffs' favor. The court therefore granted the plaintiffs' motion for preliminary injunctive relief, enjoining the Attorney General from enforcing the certification requirement against the plaintiffs. View "Brown v. Yost" on Justia Law

The Supreme Court of the United States reviewed a case involving the redrawing of congressional districts in South Carolina following the 2020 Census. The National Association for the Advancement of Colored People and a voter from District 1 challenged the new map, alleging that it resulted in racial gerrymanders in certain districts and diluted the electoral power of the state's black voters. The District Court held that the state drew District 1 with a 17% black voting-age population target in mind, violating the Equal Protection Clause and unlawfully diluting the black vote.The Supreme Court disagreed with the District Court's findings. The Court found that the District Court erred in its conclusion that race predominated in the design of District 1. The Court noted that the challengers did not provide sufficient evidence to show that the legislature subordinated traditional race-neutral districting principles to racial considerations. The Court also criticized the District Court for not drawing an adverse inference from the challengers' failure to submit an alternative map that would have allowed the state to achieve its districting goals while maintaining a higher black voting-age population in District 1.The Supreme Court reversed the District Court's decision in part and remanded the case for further proceedings. The Court concluded that the same findings of fact and reasoning that guided the court's racial-gerrymandering analysis also guided the analysis of the challengers' independent vote-dilution claim, and that conclusion also could not stand. The Court found that the District Court erred in conflating the two claims. View "Alexander v. South Carolina State Conference of the NAACP" on Justia Law

A dispute arose over Pennsylvania's rule requiring mail-in and absentee voters to date the return envelope carrying their ballot. The Supreme Court of Pennsylvania had ruled this requirement mandatory and declared that undated or incorrectly dated ballots were invalid under state law. The case centered on whether federal law, specifically Section 10101(a)(2)(B) of the Civil Rights Act of 1964, mandated that these non-compliant ballots be counted. This provision prohibits the denial of the right to vote due to an immaterial error or omission on paperwork related to voting.The District Court granted summary judgment for the plaintiffs, declaring that rejecting timely received mail ballots due to missing or incorrect dates violated the federal provision. They reasoned that the date requirement was immaterial, as it played no role in determining a vote's timeliness.However, the appellate court reversed this decision. The court held that the federal provision only applies when the state is determining who may vote, not how a qualified voter must cast their ballot. They found that the provision does not apply to rules, like the date requirement, that govern how a qualified voter must cast their ballot for it to be counted. The court concluded that a contrary approach could not be reconciled with the text and historic backdrop of the statute. Therefore, the court ruled that the federal provision does not override Pennsylvania's date requirement for casting a mail-in ballot. The case was remanded for further consideration of the plaintiffs' pending equal protection claim. View "Pennsylvania State Conference of NAACP Branches v. Northampton County Board of Elections" on Justia Law

A non-profit organization, Vote.org, sued several county election officials in Texas, alleging that a state law requiring an original signature on a voter registration form violated the Civil Rights Act of 1964 and the First and Fourteenth Amendments. The law frustrated Vote.org's use of its smartphone app, which only allowed for digital signatures. The district court ruled in favor of Vote.org, but the United States Court of Appeals for the Fifth Circuit reversed the decision. The appellate court concluded that Vote.org had standing to sue, both in its own right and on behalf of third parties. The court found that the requirement for an original signature on a voter registration form did not violate the Civil Rights Act of 1964 or the First and Fourteenth Amendments. The court held that Texas's requirement of an original signature was a material condition of voter registration and served legitimate state interests in ensuring the reliability of the registration process and reducing fraud. The court also found that the burden imposed by the requirement was only slight and did not unduly burden the right to vote. Therefore, the court ruled in favor of the defendants. View "Vote.Org v. Paxton" on Justia Law

Kari Lake and Mark Finchem (“Plaintiffs”), the Republican nominees for Governor and Secretary of State of Arizona, filed this action before the 2022 general election, contending that Arizona’s use of electronic tabulation systems violated the federal Constitution. The district court dismissed their operative first amended complaint for lack of Article III standing. Lake v. Hobbs. Plaintiffs’ candidacies failed at the polls, and their various attempts to overturn the election outcome in state court have to date been unavailing. On appeal, they no longer seek any relief concerning the 2022 election but instead seek to bar use of electronic tabulation systems in future Arizona elections.   The Ninth Circuit agreed with the district court that Plaintiffs’ “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact under Article III. The court explained that even assuming Plaintiffs could continue to claim standing as prospective voters in future elections, they had not alleged a particularized injury and therefore failed to establish the kind of injury Article III requires. None of Plaintiffs’ allegations supported a plausible inference that their individual votes in future elections will be adversely affected by the use of electronic tabulation, particularly given the robust safeguards in Arizona law, the use of paper ballots, and the post-tabulation retention of those ballots. The panel concluded that speculative allegations that voting machines may be hackable were insufficient to establish an injury, in fact, under Article III. View "KARI LAKE, ET AL V. ADRIAN FONTES, ET AL" on Justia Law