This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Texas Democratic Party v. Abbott
Closed
Texas Democratic Party v. Abbott, No. 5:20-cv-00438 (W.D. Tex.), 2020 WL 2541971 |
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| Case Summary | The Texas Democratic Party, Chair of the Texas Democratic Party, and individual voters filed this lawsuit against Gregg Abbott, Governor of Texas, and other officials in the Western District of Texas to secure expanded vote-by-mail in advance of primary election runoffs scheduled for July and the November general election. The Plaintiffs asked the court to declare that under Texas law all registered voters qualify to request a mail-in ballot as a result of the COVID-19 public health crisis. The lawsuit asked the court to (i) declare that the Texas Election Code definition of “disability” in the vote-by-mail provision — one of the basis of eligibility to vote by mail in Texas — currently encompasses all registered voters, and (ii) order that all mail-in ballots received by eligible voters under this category due to the pandemic be accepted and tabulated. Otherwise, the suit alleged, plaintiffs have multiple federal law claims: (1) violation of Section 2 of the Voting Rights Act because voters are denied the right to vote on account of race and language minority and denied an equal opportunity to participate in the political process, (2) race discrimination under the 14th Amendment, (3) race discrimination under the 15th Amendment, (4) non-racial discrimination in voting under the 14th Amendment, (5) denial of free speech under the 1st and 14th Amendments, (6) violation of procedural due process for vagueness under 14th amendment, (7) abridgment of the right to vote based on age under the 26th Amendment, and (7) voter intimidation and conspiracy to interfere with civil rights under Section 1985 of Civil Rights Act of 1871. Some of the plaintiffs had filed a state court lawsuit on March 20, but decided to file this federal case in light of the Supreme Court's decision on the Wisconsin primary on April 6, 2020 that it was too late to remedy constitutional harms. Thus, the plaintiffs here decided to act as early as possible to get timely merits review. On May 19, 2020 the District Court ruled that the "disability" provision in the state's vote-by-mail election code applies to all registered voters who "lack immunity from COVID-19 and fear infection at polling places." The ruling is in effect until the case goes to trial or the pandemic subsides. | |
| Filed | 04/29/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | Fifth Circuit | |
| Status | Closed | |
| Last Updated | 05/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow Fear of COVID to Qualify as “Excuse”, Limiting Mail Voting to Senior Voters) | |
| Complaint(s) | 04/29/2020: Complaint filed. | |
| Dispositive Ruling(s) | 05/19/2020: Order/Ruling, PI Granted. Plaintiffs filed a motion for preliminary injunction seeking to enjoin defendants from denying mail-in ballots to otherwise eligible voters under the age of sixty-five and to enjoin defendants from threatening to initiate criminal prosecutions to those seeking or providing mail-in ballots. The Court granted Plaintiffs' motion for a preliminary injunction. The Texas Election Code allows citizens over sixty-five without a disability to vote by mail, and the Court found no rational basis for those under 65 years of age to be distinguished if they should claim disability because of lack of immunity from or fear of contracting COVID-19. The Court ordered that any eligible Texas voter who seeks to vote by mail in order to avoid transmission of COVID-19 can apply for, receive, and cast an absentee ballot during the pandemic. The Court sua sponte afforded the same healthy safety precautions of voting by mail to Republican voters even though they were not parties to the case. The Court enjoined the state officials from issuing any guidance, pronouncements, threats of criminal prosecution or orders, or otherwise taking any actions inconsistent with the order. | |
Texas Democratic Party v. Abbott, No. 20-50407 (5th Cir.) |
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| Case Summary | The Texas Democratic Party, Chair of the Texas Democratic Party, and individual voters filed this lawsuit against Gregg Abbott, Governor of Texas, and other officials in the Western District of Texas to secure expanded vote-by-mail in advance of primary election runoffs scheduled for July and the November general election. The Plaintiffs ask the court to declare that under Texas law all registered voters qualify to request a mail-in ballot as a result of the COVID-19 public health crisis. The lawsuit asks the court to (i) declare that the Texas Election Code definition of “disability” in the vote-by-mail provision — one of the basis of eligibility to vote by mail in Texas — currently encompasses all registered voters, and (ii) order that all mail-in ballots received by eligible voters under this category due to the pandemic be accepted and tabulated. Otherwise, the suit alleges, plaintiff have multiple federal law claims: (1) violation of Section 2 of the Voting Rights Act because voters are denied the right to vote on account of race and language minority and denied an equal opportunity to participate in the political process, (2) race discrimination under the 14th Amendment, (3) race discrimination under the 15th Amendment, (4) non-racial discrimination in voting under the 14th Amendment, (5) denial of free speech under the 1st and 14th Amendments, (6) violation of procedural due process for vagueness under 14th amendment, (7) abridgment of the right to vote based on age under the 26th Amendment, and (7) voter intimidation and conspiracy to interfere with civil rights under Section 1985 of Civil Rights Act of 1871. Some of the plaintiffs had filed a state court lawsuit on March 20, but decided to file this federal case in light of the Supreme Court's decision on the Wisconsin primary on April 6, 2020 that it was too late to remedy constitutional harms. Thus, the plaintiffs here decided to act as early as possible to get timely merits review. On May 19, 2020 the District Court ruled that the "disability" provision in the state's vote-by-mail election code applies to all registered voters who "lack immunity from COVID-19 and fear infection at polling places." The ruling is in effect until the case goes to trial or the pandemic subsides. | |
| Filed | 06/04/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | Fifth Circuit | |
| Status | Closed (Preliminary Injunction reversed) | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow Fear of COVID to Qualify as “Excuse”) | |
| Dispositive Ruling(s) | 06/04/2020: Order/Ruling, Stayed. The appellate court granted Defendants' request to stay the preliminary injunction pending appeal. The appellate court concluded that the state officials will likely be able to show Plaintiffs's claims are meritless, including no violation of the equal protection, the 26th amendment, or the 1st Amendment as well as a lack of viable voter-intimidation and void-for-vagueness claims. | |
| 09/10/2020: Order/Ruling, The court VACATED the lower court's preliminary injunction and REMANDED, determining that there was no denial or abridgment of the right to vote under the 26th amendment in this case but suggesting that the true issue before the lower court would be one of equal protection | ||
| 10/14/2020: Order/Ruling, Plaintiffs had claimed that the Twenty-Sixth Amendment prohibits allowing voters who are at least 65 years old to vote by mail without excuse, and the District Court had therefore granted an injunction requiring Texas officials to allow any eligible Texas voter to vote by absentee ballot. The appeals court here reasoned that this claim failed because conferring a benefit on another class of voters does not deny or abridge the plaintiffs’ Twenty-Sixth Amendment right to vote. Therefore, they concluded that the preliminary injunction was not properly granted, and they reversed the injunction and remanded. | ||
Texas Democratic Party v. Abbott, Nos. 19A1055, 19-1389 (S. Ct.) |
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| Case Summary | The Texas Democratic Party, Chair of the Texas Democratic Party, and individual voters filed this lawsuit against Gregg Abbott, Governor of Texas, and other officials in the Western District of Texas to secure expanded vote-by-mail in advance of primary election runoffs scheduled for July and the November general election. The Plaintiffs ask the court to declare that under Texas law all registered voters qualify to request a mail-in ballot as a result of the COVID-19 public health crisis. The lawsuit asks the court to (i) declare that the Texas Election Code definition of “disability” in the vote-by-mail provision — one of the basis of eligibility to vote by mail in Texas — currently encompasses all registered voters, and (ii) order that all mail-in ballots received by eligible voters under this category due to the pandemic be accepted and tabulated. Otherwise, the suit alleges, plaintiff have multiple federal law claims: (1) violation of Section 2 of the Voting Rights Act because voters are denied the right to vote on account of race and language minority and denied an equal opportunity to participate in the political process, (2) race discrimination under the 14th Amendment, (3) race discrimination under the 15th Amendment, (4) non-racial discrimination in voting under the 14th Amendment, (5) denial of free speech under the 1st and 14th Amendments, (6) violation of procedural due process for vagueness under 14th amendment, (7) abridgment of the right to vote based on age under the 26th Amendment, and (7) voter intimidation and conspiracy to interfere with civil rights under Section 1985 of Civil Rights Act of 1871. Some of the plaintiffs had filed a state court lawsuit on March 20, but decided to file this federal case in light of the Supreme Court's decision on the Wisconsin primary on April 6, 2020 that it was too late to remedy constitutional harms. Thus, the plaintiffs here decided to act as early as possible to get timely merits review. On May 19, 2020 the District Court ruled that the "disability" provision in the state's vote-by-mail election code applies to all registered voters who "lack immunity from COVID-19 and fear infection at polling places." The ruling is in effect until the case goes to trial or the pandemic subsides. | |
| Filed | 06/17/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | US Supreme Court | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow Fear of COVID to Qualify as “Excuse”) | |
| Dispositive Ruling(s) | 06/17/2020: Order/Ruling, Application to Vacate Stay Denied. | |
