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

 

Lamm v. Bullock

Active

Lamm v. Bullock, No. 6:20-cv-00067 (D. Mont.)

  Case Summary Plaintiffs allege that (i) Governor Bullock’s expansion of vote by mail was unlawful and unauthorized and ii) the Secretary of State’s implementation of it by approving county plans implementing was also unlawful and unauthorized
Filed 09/09/2020
State Montana
Type of Court Federal
Circuit Ninth Circuit
Status Active
Last Updated 10/07/2020
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution, Other Vote-by-Mail Issue, Other Vote-by-Mail Issue)
Authority To Act (State Separation of Powers)
VBM causes voter disenfranchisement
VBM violates the right to vote and the 14th amendment by prioritizing certain counties
Complaint(s) 09/09/2020: Complaint filed.
Dispositive Ruling(s) 09/30/2020: Other, The district court concluded that the threat of mail-in voter fraud in Montana is “a fiction.” The court invoked the Purcell principle and denied the request for injunctive relief. The governor’s directive granting universal vote-by-mail stands.

Lamm v. Bullock, No. 20-35847 (9th Cir.)

  Case Summary Plaintiffs below, a group of Republican voters and the Ravali County Republican Central Committe alleged that (i) Governor Bullock’s expansion of vote by mail was unlawful and unauthorized and ii) the Secretary of State’s implementation of it by approving county plans implementing was also unlawful and unauthorized. After the district court denied a motion by plaintiffs for a preliminary injunction and granted judgment in favor of the defendants, as well as denying a motion for a stay of the order pending appeal, plaintiffs filed an emergency motion for a stay with the 9th Circuit.
Filed 09/30/2020
State Montana
Type of Court Federal
Circuit Ninth Circuit
Status Active
Last Updated 02/18/2021
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution, Other Vote-by-Mail Issue, Other Vote-by-Mail Issue)
Authority To Act (State Separation of Powers)
Claim that Vote by Mail causes voter disenfranchisement
Claim that Vote by Mail violates the right to vote and the 14th amendment by prioritizing certain counties
Dispositive Ruling(s) 10/06/2020: Other, Emergency motion for stay pending appeal is denied.

Lamm v. Bullock, No. 20-35847 (No. 20A61 (S. Ct.)

  Case Summary Plaintiffs below, a group of Republican voters and the Ravali County Republican Central Committe alleged that (i) Governor Bullock’s expansion of vote by mail was unlawful and unauthorized and ii) the Secretary of State’s implementation of it by approving county plans implementing was also unlawful and unauthorized. After the district court denied a motion by plaintiffs for a preliminary injunction and granted judgment in favor of the defendants, as well as denying a motion for a stay of the order pending appeal, plaintiffs filed an emergency motion for a stay with the 9th Circuit. After that motion was denied, plaintiffs sought an emergency writ of injunction from Justice Kagan arguing that the Purcell principle should not apply to the recent election regulation changes due to their proximity to the election as well as rearticulating their substantive claims below.
Filed 10/06/2020
State Montana
Type of Court Federal
Circuit Ninth Circuit
Status Active
Last Updated 02/18/2021
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution, Other Vote-by-Mail Issue, Other Vote-by-Mail Issue)
Authority To Act (State Separation of Powers)
Claim that Vote by Mail causes voter disenfranchisement
Claim that Vote by Mail violates the right to vote and the 14th amendment by prioritizing certain counties
Complaint(s) 10/06/2020: Complaint filed.
Dispositive Ruling(s) 10/08/2020: Other, Justice Kagan denied petitioners emergency application for a writ of injunction without opinion.
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