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
Arizona Public Integrity Alliance Inc v. Adrian Fontes, et al and Maricopa County
Closed
Arizona Public Integrity Alliance Inc. v. Adrian Fontes, et al and Maricopa County, LC2020-000252-001 DT (AZ ST MARICOPA SUPER CT) |
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| Case Summary | Maricopa County sought to include an instruction with its general election early ballots instructing voters who wish to correct a mistaken vote to simply cross out the erroneous vote and fill in the oval next to the chosen candidate. Plaintiffs Arizona Public Integrity Alliance and Tyler Montague, a voter on the County’s permanent early voter list (“PEVL”) who votes via early ballot, sought to enjoin the County’s use of the new instruction alleging that it contradicts state law. Defendant Adrian Fontes is the Maricopa County Recorder. | |
| Filed | 09/04/2020 | |
| State | Arizona | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Other Vote-by-Mail Issue) Authority To Act (State Separation of Powers) Authority to Issue Rules re How to Correct Ballot Error |
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| Complaint(s) | 08/25/2020: Complaint filed. | |
| Dispositive Ruling(s) | 09/04/2020: Order/Ruling, Maricopa County Superior Court Judge James Smith denied plaintiff's motion for a Preliminary Injunction, ruling that plaintiff is likely to succeed on the merits of its case, meaning Fontes’s instructions are probably unlawful, but it ruled that the other three preliminary injunction factors – irreparable harm, balance of the hardships and public policy considerations – favored the County. The judge did not make Fontes print new instructions because it may be too late to print them before ballots are mailed out to overseas voters on Sept. 19, and because the court found no irreparable harm if the instructions regarding ballot mistakes go out to Maricopa County voters. | |
Arizona Public Integrity Alliance Inc. v. Adrian Fontes, et al and Maricopa County, T-20-0003-CV; CV-20-0253-AP/EL (Ariz. S. Ct.) (transferred from Arizona Court of Appeals 1-CA-CV 20-0458) |
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| Case Summary | Plaintiff appealed the lower court's denial of a preliminary injunction stopping Maricopa County from issuing ballot instructions regarding how to correct an error on the ballot. | |
| Filed | 09/10/2020 | |
| State | Arizona | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Other Vote-by-Mail Issue) Authority To Act (State Separation of Powers) Unlawful Instructions From County Clerk Regarding How to Correct Ballot Error |
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| Dispositive Ruling(s) | 09/08/2020: Appellant Brief, Appellant argued that the District Court erred by denying its motion for a Preliminary Injunction to stop County Clerk Fontes from issuing his specific instructions to voters regarding how to correct mail ballot errors. | |
| 09/10/2020: Order/Ruling, Court ruled that Maricopa County Clerk Fontes is not authorized to instruct voters to correct their ballots by striking out their prior selections. | ||
