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

 

Wise v. North Carolina State Board of Elections

Closed

Wise v. North Carolina State Board of Elections, No. 5:20-cv-00505 (E.D.N.C.)

  Case Summary Plaintiffs, representatives for the Trump election campaign, two U.S. Congressmen, and representatives for the state and national republican party brought suit against the North Carolina Board of Elections under the Elections Clause, Article 2 Section 1, and the Fourteenth Amendment of the United States Constitution for changes made to voting procedures under a settlement entered into in North Carolina Alliance for Retired Americans. Plaintiffs claimed that these changes were outside of the defendant's authority to regulate congressional and presidential elections in the state and will lead to increases in voter fraud.
Filed 09/26/2020
State North Carolina
Type of Court Federal
Circuit Fourth Circuit
Status Closed
Last Updated 05/14/2021
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution, Mail Voting Deadlines (for Applying, Receiving, Postmark), Notice/Cure for Mismatches Missing Signature or Mistakes, Postage Requirement, Witness and/or Notary Requirement)
Authority To Act (Elections Clause, Other)
Violation of state authority to regulate selection of presidential electors
Complaint(s) 09/26/2020: Complaint, Individual voters, Donald J. Trump for President, Inc., the Republican National Committee and others sued the North Carolina State Board of Elections (“NCSBE”), its chair and others, challenging the consent judgment entered in North Carolina Alliance of Retired Americans v. State of North Carolina, No. 20-CVS-8881 (Gen. Ct. Justice, Super. Ct. Div., Wake Cnty.), and related guidance memos issued by the NCBSE, which extend the absentee ballot receipt deadline, provide voters with notice and an opportunity to cure ballot defects after election day, allow voted absentee ballots to be dropped off at one-stop early voting locations and county board offices, and do not reject ballots that are dropped off by third parties. The complaint alleges violations of Article I, Section 4, Article 2, Section 1 of and the 14th Amendment to the U.S. Constitution, in that the challenged judgment purportedly changes the time, place and manner of elections for senators, representatives and presidential electors, dilutes the fundamental right to vote by allowing fraudulent or illegal votes, and denies equal protection to those who had already voted prior to issuance of the judgment and memos. filed.
Dispositive Ruling(s) 10/03/2020: Order/Ruling
01/08/2021: Order/Ruling, Voluntary dismissal.

Wise v. North Carolina State Board of Elections, No. 20-2063 (4th Cir.)

  Case Summary Plaintiffs, representatives for the Trump election campaign, two U.S. Congressmen, and representatives for the state and national republican party bring suit against the North Carolina Board of Elections under the Elections Clause, Article 2 Section 1, and the Fourteenth Amendment of the United States Constitution for changes made to voting procedures under a settlement entered into in North Carolina Alliance for Retired Americans. Plaintiffs claim that these changes were outside of the defendants authority to regulate congressional and presidential elections in the state and will lead to increases in voter fraud. After the denial of their motion for a preliminary injunction, Plaintiffs appealed.
Filed 10/16/2020
State North Carolina
Type of Court Federal
Circuit Fourth Circuit
Status Closed
Last Updated 06/03/2021
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution)
Authority To Act (Elections Clause, Other)
Violation of state authority to regulate selection of presidential electors
Dispositive Ruling(s) 10/20/2020: Order/Ruling, See Moore v. Circosta

Wise v. North Carolina State Board of Elections, No. 20A71 (S. Ct.)

  Case Summary Consolidated with Moore v. Circosta
Filed 10/22/2020
State North Carolina
Type of Court Federal
Circuit US Supreme Court
Status Closed
Last Updated 03/13/2021
Issue Tag(s) Vote-by-Mail (Mail Voting Deadlines (for Applying, Receiving, Postmark))
Authority To Act (State Separation of Powers)
Dispositive Ruling(s) 10/22/2020: Other
10/28/2020: Order/Ruling, The court denied request for injunctive relief, effectively denying request to block North Carolina's extended absentee ballot receipt deadline.
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