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

 

Texas v. Pennsylvania et al.

Closed

Texas v. Pennsylvania et al., No. 22O155 (Sup. Ct.)

  Case Summary The State of Texas filed a motion, on the basis of 28 U.S.C. § 1251(a) and the Supreme Court’s Rule 17, to submit a bill of complaint against the states of Georgia, Michigan, and Wisconsin and the Commonwealth of Pennsylvania challenging their administration of the 2020 presidential election. The complaint alleges three unconstitutional practices: 1) defendant states' executive and judicial branches amended Election Codes, in violation of the Electors Clause; 2) disparate, more favorable treatment of democratic voters; and 3) relaxing absentee ballot regulations, such as signature verification standards. Plaintiff cites Anderson for the proposition that Texas votes are diluted by the alleged maladministration in defendant states, and seeks injunctive relief.
Filed 12/08/2020
State Texas
Type of Court Federal
Circuit US Supreme Court
Status Closed ()
Last Updated 12/12/2020
Issue Tag(s) Vote-by-Mail (Claim that Mail Voting Leads to Fraud and/or Vote Dilution)
Authority To Act (Electors Clause)
Complaint(s) 12/08/2020: Complaint filed.
Dispositive Ruling(s) 12/11/2020: Order/Ruling, In a brief statement, the Supreme Court denied for lack of standing Texas’s motion to file its complaint. Plaintiff failed to demonstrate “a judicially cognizable interest in the manner in which another State conducts its elections.” Justices Alito and Thomas dissented, stating they would permit the filing, yet refraining from commenting on the merits.
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