COVID-Related Election Litigation Tracker

Case Details

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


American Federation of Teachers v. Gardner


American Federation of Teachers v. Gardner, No. XX (N.H. Super. Ct., Hillsborough Cnty.)

  Case Summary New Hampshire has traditionally been an in-person registration and voting state, with 90% of the electorate voting in person in the 2016 and 2018 elections. Plaintiffs contend that the absentee registration request process is unduly cumbersome and would lead to disenfranchisement of New Hampshire citizens who are navigating the absentee registration and voting process for the first time. In particular, Plaintiffs challenge New Hampshire’s witness requirement, documentation requirement, and Election Day receipt deadline. Additionally, Plaintiffs also challenge the postage requirement, citing excessive burden and costs. Plaintiffs request that court find these rules and requirements to be in violation of the New Hampshire Constitution and to enjoin the state from enforcing these requirements.
Filed 08/11/2020
State New Hampshire
Type of Court Federal
Circuit First Circuit
Status Closed
Last Updated 03/13/2021
Issue Tag(s) Vote-by-Mail (Witness and/or Notary Requirement, Postage Requirement, Failure to Include ID/Documentation, Mail Voting Deadlines (for Applying, Receiving, Postmark), Restriction on Assistance or Collection of Mail Ballots for Return)
Voter registration process in New Hampshire is cumbersome and difficult to navigate
Complaint(s) 08/11/2020: Complaint filed.
08/31/2020: Complaint filed.
Dispositive Ruling(s) 10/02/2020: Order/Ruling, The court applied an Anderson-Burdick test to the claims plaintiffs brought as violative of the New Hampshire constitution. The court issued an injunction requiring the Secretary of State to make voter registration forms available online. The court denied injunctions against documentation and witness signature requirements, absence of paid postage, an Election-Day deadline, drop boxes, and ballot collection ban.
Creative Commons License  Covid-Related Election Litigation Tracker by the Stanford-MIT Healthy Elections Project – Creative Commons Attribution 4.0 International License.