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


Hernandez v. New York State Board of Elections


Hernandez v. New York State Board of Elections, No. 1:20-cv-04003 (S.D.N.Y.)

  Case Summary Plaintiffs claim violations of the ADA and the Rehabilitation Act of 1973 for New York State Board of Election's failure to provide accessible paper ballot for individuals who cannot independently mark a paper ballot due to their disabilities
Filed 05/22/2020
State New York
Type of Court Federal
Circuit Second Circuit
Status Active
Last Updated 03/13/2021
Issue Tag(s) Vote-by-Mail (Failure to Provide Vote-by-Mail Accommodations for Voters with Disabilities)
Complaint(s) 05/22/2020: Complaint filed.
Dispositive Ruling(s) 06/02/2020: Order/Ruling, Parties stipulated to withdraw Plaintiffs motion for a preliminary injunction with respect to the June primary only. Defendant agreed to introduce an accessible absentee ballot for those with disabilities and provide adequate notice and instructions for the use of the ballot to county boards of election. Defendants also agreed to accept electronic signatures on absentee ballot request forms and to allow requests for absentee ballots any time up to seven days before the primary.
08/14/2020: Order/Ruling, Following a stipulated order dealing with issues pertaining to the June primary, Plaintiff filed a second motion for a preliminary injunction to require Defendant to utilize Remote Accessible Vote by Mail systems for voters with disabilities in the November general election. The court DENIED the preliminary injunction, determining that Plaintiffs had not shown a clear or substantial likelihood of success on the merits or that the public interest and balance of equities were in their favor.
08/19/2020: Order/Ruling, The District Court denied Plaintiff's motion for preliminary injunction, and instructed defendants to order county board of elections to provide “Accessible Absentee Ballots” to voters who have a disability that prevents them from using non-accessible paper absentee ballots, as well as announce this development publicly and provide county board of elections instructions on the usage and distribution of these ballots.
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