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
Gohmert v. Pence
Active
Gohmert v. Pence, No. 6:20-cv-00660 (E.D. Tx.) |
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| Case Summary | Plaintiffs, the United States Representative for Texas’s First Congressional District and the slate of Republican Presidential Electors for the State of Arizona, alleged that the elector dispute resolution provisions in Section 15 of the Electoral Count Act are unconstitutional, because they violate the Electors Clause and the Twelfth Amendment. Plaintiffs alleged that the Electoral Count Act violates the Electors Clause by transferring the "manner of appointing" from the state legislatures to the state executive. Plaintiffs alleged that the Act violates the Twelfth Amendment because it limits the Defendant's - Vice President Pence's - exclusive authority and sole discretion to determine which slates of electors for a State may be counted and replaces the Twelfth Amendment’s dispute resolution procedure, under which the House of Representatives has authority to choose the President. Plaintiffs sought declaratory judgment that Sections 5 and 15 of the Electoral Count Act are unconstitutional, and that Vice President Pence, on January 6, 2021, is subject solely to the requirements of the Twelfth Amendment. | |
| Filed | 12/27/2020 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | Fifth Circuit | |
| Status | Active | |
| Last Updated | 05/12/2021 | |
| Issue Tag(s) | Authority To Act (Electors Clause, State Separation of Powers) | |
| Complaint(s) | 12/27/2020: Complaint filed. | |
| Dispositive Ruling(s) | 01/01/2021: Order/Ruling, The court held that plaintiffs lack standing and dismissed the case. Representative Gohmert did not provide evidence of personal injury and the Arizona Republican electors do not trace their injury to the defendant. | |
Gohmert v. Pence, No. 20A115 (S. Ct.) |
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| Case Summary | Emergency Application for Stay to Justice Alito. | |
| Filed | 01/06/2021 | |
| State | Texas | |
| Type of Court | Federal | |
| Circuit | US Supreme Court | |
| Status | Active | |
| Last Updated | 01/19/2021 | |
| Issue Tag(s) | Authority To Act (State Separation of Powers, Electors Clause) | |
| Dispositive Ruling(s) | 01/06/2021: Appellant Brief | |
| 01/11/2021: Order/Ruling, Application denied. | ||
