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 Alliance of Retired Americans v. Hughes
Closed
Texas Alliance for Retired Americans, No. 5:20-cv-00128 (S.D. Tex.) |
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| Case Summary | Plaintiffs bring suit seeking an injunction to prevent the state from implementing and enforcing HB 25, which would eliminate straight ticket voting (STV) in Texas. Plaintiffs contend that the elimination of STV would disenfranchise minority voters because minority voters utilize STV at a significantly higher rate compared to white voters. Additionally, the elimination of STV would discourage voters from exercising their right to vote due to inevitable increases in waiting times at polling places. In addition to injunctive relief, Plaintiffs also request that the court find HB 25 to be unconstitutional for violating the First and Fourteenth Amendments of the U.S. Constitution. | |
| Filed | 08/12/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | Fifth Circuit | |
| Status | Closed | |
| Last Updated | 02/18/2021 | |
| Issue Tag(s) | In-Person Voting COVID Concern (Other In-Person Voting Issue) Suspension of Straight Ticket Voting |
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| Complaint(s) | 08/12/2020: Complaint filed. | |
| Dispositive Ruling(s) | 09/25/2020: Order/Ruling, The Court granted Plaintiff's motion for preliminary injunction on HB25, reasoning that Plaintiffs had demonstrated a likelihood of success on the merits of their undue burden claim when considered in light of the "risk of disenfranchisement and risk to voters' health." Further, the State's desire to encourage a more informed electorate by eliminating single ticket voting was not supported by any evidence, and was therefore outweighed by the burdens posed by HB25. Finally, the court held that mass lines at the polls and increased exposure time to COVID-19 constitute irreparable injury to Plaintiffs, which outweighed any potential harm to the State. | |
Texas Alliance of Retired Americans v. Hughes, No. 20-40643 (5th Cir.) |
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| Case Summary | Appellants renew their request to enjoin the implementation of HB 25, which would eliminate straight ticket voting (STV) in Texas as a violation of Section 2 of the Voting Rights Act. Plaintiffs contend that the elimination of STV would disenfranchise minority voters because minority voters utilize STV at a significantly higher rate compared to white voters. Additionally, the elimination of STV would discourage voters from exercising their right to vote due to inevitable increases in waiting times at polling places. | |
| Filed | 09/25/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | Fifth Circuit | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | In-Person Voting COVID Concern (Other In-Person Voting Issue) Straight Ticket Voting |
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| Dispositive Ruling(s) | 09/25/2020: Other | |
| 09/28/2020: Other | ||
| 09/30/2020: Other, The circuit court, citing the Purcell principle, stayed the district court's injunction against a Texas law that prohibits straight ticket voting. The law's provision, which went into effect on Sept. 1, stands. | ||
| 09/30/2020: Other, The Court of Appeals stays the district court's injuction, which would have prevented Texas election officials from enforcing Texas House Bill 25, a 2017 law which eliminated stright ticket voting. The court finds that the district court erred in granting the injuction, since doing so amounted to altering election rules on the eve of an election. The court finds it likely that apellant Hughs will succeed on the merits and finds that failure to grant a stay would cause irreparable harm in disallowing the state from enforcing its own laws. The court finds that the public interest also falls in favor of a stay, since so many ballots without straight ticket voting have already been mailed in. This stay preserves the existing status quo (since the passage of the 2017 law), that Texas ballots will not have an option for straight ticket voting. | ||
