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

 

LaRose v. Simon

Closed. Settled and/or Withdrawn (The parties stipulated to the voluntary dismissal of each respective appeal. Appellants waived the right to challenge in any other judicial forum the August 3, 2020 Orders and the August 3, 2020 Stipulations and Partial Consent Decrees that formed the basis for the consolidated appeals (the two cases that were consolidated are (i) LaRose v. Simon, No. A20-1040 (Minn. S. Ct.) and MN NAAP v. Simon, No. A20-1041(Minn. S. Ct.)).)

LaRose v. Simon, No. 62-CV-20-3149 (Minn. Dist. Ct., Ramsey Cnty.)

  Case Summary This Complaint challenges two Minnesota laws: (1) Minnesota’s requirement that each absentee ballot be witnessed by a registered Minnesota voter, a notary, or person otherwise authorized to administer oaths (“Witness Requirement”), Minn. Stat. § 203B.07, and (2) its requirement that absentee ballots be received by either 3:00 p.m. (if hand-delivered) or 8:00 p.m. (if delivered by mail) on Election Day (the “Election Day Receipt Deadline”), id. § 203B.08 subd. 3; Minn. R. 8210.2200 subp. 1. The Complaint claims that (1) the Witness Requirement and the Election Day Receipt Deadline requirements violate the Minnesota Constitution Art. I. § 2 and Art. VII, § 1, U.S. Const. Amend. I and XIV, 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201, 2202 for imposing an unconstitutional burden on voting right; (2) the Election Day Receipt Deadline requirement violates Minnesota Constitution Art. I, § 7 for deprivation of liberty interest and due process, and violates and U.S Const. Amend. XIV, 42 U.S.C. § 1983 for denial or procedural due process. The complaint seeks a declaratory judgment that the two challenged Minnesota laws are invalid and seeks to enjoin the defendant (MN secretary of state) from enforcing those laws.
Filed 05/13/2020
State Minnesota
Type of Court State
Status Closed. Settled and/or Withdrawn (Partial consent decree was instituted; Defendant shall not enforce witness requirement for the August Primary that each absentee ballot be witnessed by a registered MN voter, a notary, or person otherwise authorized to administer oaths. They shall also not enforce Election Day Receipt by 8pm; instead ballots can be recieved within 2 days of Election Day. Defendant will inform relevant local election officials and take reasonable measures to inform voters of these changes for the August Primary.)
Last Updated 09/01/2020
Issue Tag(s) Vote-by-Mail (Witness and/or Notary Requirement, Mail Voting Deadlines (for Applying, Receiving, Postmark))
Complaint(s) 05/13/2020: Complaint filed.
Dispositive Ruling(s) 06/16/2020: Order/Ruling, Partial Consent Decree
08/18/2020: Order/Ruling, Joint stipulation to dismiss these appeals

LaRose v. Simon, No. A20-1040 (Minn. S. Ct.)

  Case Summary Plaintiffs challenged two Minnesota laws: (1) Minnesota’s requirement that each absentee ballot be witnessed by a registered Minnesota voter, a notary, or person otherwise authorized to administer oaths (“Witness Requirement”), Minn. Stat. § 203B.07, and (2) its requirement that absentee ballots be received by either 3:00 p.m. (if hand-delivered) or 8:00 p.m. (if delivered by mail) on Election Day (the “Election Day Receipt Deadline”), id. § 203B.08 subd. 3; Minn. R. 8210.2200 subp. 1. Plaintiffs claim that (1) the Witness Requirement and the Election Day Receipt Deadline requirements violate the Minnesota Constitution Art. I. § 2 and Art. VII, § 1, U.S. Const. Amend. I and XIV, 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201, 2202 for imposing an unconstitutional burden on voting right; (2) the Election Day Receipt Deadline requirement violates Minnesota Constitution Art. I, § 7 for deprivation of liberty interest and due process, and violates and U.S Const. Amend. XIV, 42 U.S.C. § 1983 for denial or procedural due process. Plaintiffs sought a declaratory judgment that the two challenged Minnesota laws are invalid and sought to enjoin the defendant (MN secretary of state) from enforcing those laws. After two settlements and partial consent decrees essentially satisfying Plaintiffs demands for both the primary and general elections, both parties agreed to dismiss their appeals.
Filed 08/12/2020
State Minnesota
Type of Court State
Status Closed. Settled and/or Withdrawn (The parties stipulated to the voluntary dismissal of each respective appeal. Appellants waived the right to challenge in any other judicial forum the August 3, 2020 Orders and the August 3, 2020 Stipulations and Partial Consent Decrees that formed the basis for the consolidated appeals (the two cases that were consolidated are (i) LaRose v. Simon, No. A20-1040 (Minn. S. Ct.) and MN NAAP v. Simon, No. A20-1041(Minn. S. Ct.)).)
Last Updated 09/07/2020
Issue Tag(s) Vote-by-Mail (Witness and/or Notary Requirement, Mail Voting Deadlines (for Applying, Receiving, Postmark))
Dispositive Ruling(s) 08/18/2020: Order/Ruling, Stipulation to dismiss appeals.
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