Election Litigation Status
Posted: Thu Nov 05, 2020 5:43 pm
I've moved this summary of active election litigation to the first post of the thread. I'll continue to post new developments, but will try to update this summary daily.
Pennsylvania (Electors voted for Biden)
Kelly v. Pennsylvania
Commonwealth Court of Pennsylvania
Filed by a group of losing candidates and private citizens
Seeks to prevent certification or an order requiring the legislature to appoint electors
Dismissed by the Pennsylvania Supreme on a request for extraordinary relief.
Motion for relief denied by U.S. Supreme Court 12/8
Trump v. Boockvar
3d Circuit Court of Appeals
Filed by Trump and two citizens
Seeks to have election certified for Trump
11/27 Affirmed trial court's denial of Trump campaign's motion to amend its complaint based on delay and futility.
Michigan: (Electors voted for Biden)
King v. Whitmer (Krakken II)
U.S. District Court for the Eastern District of Michigan
Filed by by several Michigan Trump electors
Seeks to decertify the Michigan results and various forms of alternative relief, including appointing Trump electors as president electors, ordering the Biden electors to vote for Trump, preventing Michigan's votes from being counted in the Electoral College.
Notice of Appeal of denial of emergency relief filed 12/9
Petition for Certiorari filed 12/11
Not docketed yet
Donald J. Trump for President Inc. v. Benson
Michigan Court of Claims
Filed by Trump Campaign
Seeks to stop the counting of absentee ballots until election inspectors are present and segregation of all uninspected ballots
Dismissed with prejudice 11/6
Application for leave to appeal denied by Court of Appeals
Application for leave to Appeal denied by MI Supreme Court 12/7
Leaf v. Whitmer
U.S. Court for the Western District of MI
Filed by the Sheriff of Barry County
Seeks an order preserving evidence and impounding voting machines
Applications denied 12/7
Wisconsin (Electors voted for Biden)
Trump v. Biden
Milwaukee County Circuit Court
Election contest of Dane and Milwaukee Counties
WI Supreme Court affirmed the trial court's ruling against the contest 12/14
Feehan v. Wisconsin Elections Commission[/i] (Krakken III)
U.S. District Court for the Eastern District of Wisconsin
Filed by several Wisconsin voters
Seeks to overturn the certified results and award the state's EVs to Trump
Dismissed by trial court 12/9
Notice of Appeal filed 12/10
Trump v. Wisconsin Elections Commission
U.S. District court for the Eastern District of Wisconsin
Filed by Trump
Seeks declaration that Commission and Mayors violated the constitution and a remand to the state legislature so it can devise a remedy.
Judgment entered dismissing complaint 12/10
Trump Appeals to 7th Circuit 12/10
Georgia (Electors voted for Biden)
Lin Wood v. Raffensperger
11th Circuit Court of Appeals
Filed by private citizen
Seeks to block certification or have election declared invalid
Petition for cert and motion for emergency consideration filed 12/7
Wood v Raffensberger [sic]
Fulton County Superior Court
Election Challenge by private citizen
Seeks to void the election and order the legislature to void the election or order a new election
Motion to dismiss granted 12/8 based on sovereign immunity
(This was an election challenge that named the wrong defendants)
Pearson v. Kemp (Krakken I)
11 Cir. Court of Appeals
Trump electors and Republican party officials
Seeks to decertify the Michigan results and various forms of alternative relief, including appointing Trump electors as president electors, ordering the Biden electors to vote for Trump, preventing Georgia's votes from being counted in the Electoral College.
Trial Court dismissed on merits 12/7
Emergency notice of appeal filed with the 11th Circuit Court of Appeals 12/7
Emergency Motion for Writ of Mandamus filed with Supreme Court 12/11
Boland v. Raffensperger
Fulton County Superior Court
Filed by GA resident
Seeks a new Inspection and Verification or Decertification and a redo.
Motion to dismiss granted 12/8
Notice of Emergency Appeal to GA Supreme Court denied 12/4
Trump v. Raffensperger
Fulton County Superior Court
Filed by Trump
Seeks new election or decertification of election results
Filed 12/4
Case placed on regular docket
Emergency appeal from order placing case on regular docket denied by GA Supreme Court 12/12
Arizona (Electors voted for Biden)
Boyer v. Ducey
Pinal County Superior Court
Filed Pro Se by Arizona voter
Seeks to decertify election results and prevent transmitting results to the Electoral College
Filed 12/7
Motion to Dismiss filed 12/11
Hearing scheduled for 12/14
Aguilera v. Fontes
Maricopa County Superior Court
Filed by two private citizens
Seek to be able to cast ballots and changes for next election
Evidentiary hearing held 11/23
Case dismissed with prejudice 11/30
Ward vs. Constance
Maricopa County Superior Court
Election Contest filed by a Trump elector who is Chair of the AZ GOP
Seeks signature certification of a random sample of ballots, an inspection of damaged ballots in Congressional District 5, decertification of the results, and a declaration that Trump won the vote
Dismissed by trial court after trial.
Affirmed by Arizona Supreme Court 12/8
Petition for Certiorari filed with US Supreme Court 12/11
Bowyer v. Ducey (Krakken IV)
U.S. District Court for the District of Arizona
Filed by several AZ residents
Seeks to decertify election result, block transmittal of result to Electoral College, and conduct a full manual recount.
Motions to dismiss granted 12/9
Notice of Appeal to 9th Circuit Court of Appeals filed 12/10
Nevada (Electors voted for Biden)
Rodimer v. Gloria
Clark County District Court
Filed by losing candidate
Seeks a revote Clark County or Congressional District 3
Petition filed; Motion for change of judge pending
Law v. Whitmer
Carson City District Court
Filed by individuals and Trump electors
Election contest that seeks to declare Trump the winner
NV Supreme Court affirmed trial court's ruling against the contest 12/8
Minnesota
Republicans have filed election challenges in the senate race and five house races, as well as a petition for a state-wide post election audit. All are in the process of briefing motions to dismiss.
New Mexico
Trump v. Toulouse Oliver
U.S. Court for the District of New Mexico
Filed by the Trump Campaign
Seeks disqualification of certain ballots cast in drop boxes or
Complaint filed 12/14
Fantasyland
Texas v. Pennsylvania
U.S. Supreme Court (original jurisdiction)
Filed by Texas AG
Seeks to order PA, Gam MI and WI to have legislatures appoint electors
AGs in 17 other states and Donald Trump have moved to intervene
Petition denied
Key Dates Remaining
January 3: The 117th United States Congress convenes with those members elected in 2020.
January 6: Electoral votes formally counted before a joint session of Congress, with any written objections to electors ruled upon.
January 20: Inauguration Day. Trump and Pence's 2016 term ends automatically. New President and VP sworn in.
https://en.wikipedia.org/wiki/Timeline_ ... l_election.
The best free online source for documents related to the election litigation is https://www.democracydocket.com
Accounts I follow on Twitter for election litigation news include @DemocracyDocket @marceelias @lawcrimenews @Colinkalmbacher @KlasfelReports @HeidiNBC @AndrewFeinberg @ZoeTillman
Pennsylvania (Electors voted for Biden)
Kelly v. Pennsylvania
Commonwealth Court of Pennsylvania
Filed by a group of losing candidates and private citizens
Seeks to prevent certification or an order requiring the legislature to appoint electors
Dismissed by the Pennsylvania Supreme on a request for extraordinary relief.
Motion for relief denied by U.S. Supreme Court 12/8
Trump v. Boockvar
3d Circuit Court of Appeals
Filed by Trump and two citizens
Seeks to have election certified for Trump
11/27 Affirmed trial court's denial of Trump campaign's motion to amend its complaint based on delay and futility.
Michigan: (Electors voted for Biden)
King v. Whitmer (Krakken II)
U.S. District Court for the Eastern District of Michigan
Filed by by several Michigan Trump electors
Seeks to decertify the Michigan results and various forms of alternative relief, including appointing Trump electors as president electors, ordering the Biden electors to vote for Trump, preventing Michigan's votes from being counted in the Electoral College.
Notice of Appeal of denial of emergency relief filed 12/9
Petition for Certiorari filed 12/11
Not docketed yet
Donald J. Trump for President Inc. v. Benson
Michigan Court of Claims
Filed by Trump Campaign
Seeks to stop the counting of absentee ballots until election inspectors are present and segregation of all uninspected ballots
Dismissed with prejudice 11/6
Application for leave to appeal denied by Court of Appeals
Application for leave to Appeal denied by MI Supreme Court 12/7
Leaf v. Whitmer
U.S. Court for the Western District of MI
Filed by the Sheriff of Barry County
Seeks an order preserving evidence and impounding voting machines
Applications denied 12/7
Wisconsin (Electors voted for Biden)
Trump v. Biden
Milwaukee County Circuit Court
Election contest of Dane and Milwaukee Counties
WI Supreme Court affirmed the trial court's ruling against the contest 12/14
Feehan v. Wisconsin Elections Commission[/i] (Krakken III)
U.S. District Court for the Eastern District of Wisconsin
Filed by several Wisconsin voters
Seeks to overturn the certified results and award the state's EVs to Trump
Dismissed by trial court 12/9
Notice of Appeal filed 12/10
Trump v. Wisconsin Elections Commission
U.S. District court for the Eastern District of Wisconsin
Filed by Trump
Seeks declaration that Commission and Mayors violated the constitution and a remand to the state legislature so it can devise a remedy.
Judgment entered dismissing complaint 12/10
Trump Appeals to 7th Circuit 12/10
Georgia (Electors voted for Biden)
Lin Wood v. Raffensperger
11th Circuit Court of Appeals
Filed by private citizen
Seeks to block certification or have election declared invalid
Petition for cert and motion for emergency consideration filed 12/7
Wood v Raffensberger [sic]
Fulton County Superior Court
Election Challenge by private citizen
Seeks to void the election and order the legislature to void the election or order a new election
Motion to dismiss granted 12/8 based on sovereign immunity
(This was an election challenge that named the wrong defendants)
Pearson v. Kemp (Krakken I)
11 Cir. Court of Appeals
Trump electors and Republican party officials
Seeks to decertify the Michigan results and various forms of alternative relief, including appointing Trump electors as president electors, ordering the Biden electors to vote for Trump, preventing Georgia's votes from being counted in the Electoral College.
Trial Court dismissed on merits 12/7
Emergency notice of appeal filed with the 11th Circuit Court of Appeals 12/7
Emergency Motion for Writ of Mandamus filed with Supreme Court 12/11
Boland v. Raffensperger
Fulton County Superior Court
Filed by GA resident
Seeks a new Inspection and Verification or Decertification and a redo.
Motion to dismiss granted 12/8
Notice of Emergency Appeal to GA Supreme Court denied 12/4
Trump v. Raffensperger
Fulton County Superior Court
Filed by Trump
Seeks new election or decertification of election results
Filed 12/4
Case placed on regular docket
Emergency appeal from order placing case on regular docket denied by GA Supreme Court 12/12
Arizona (Electors voted for Biden)
Boyer v. Ducey
Pinal County Superior Court
Filed Pro Se by Arizona voter
Seeks to decertify election results and prevent transmitting results to the Electoral College
Filed 12/7
Motion to Dismiss filed 12/11
Hearing scheduled for 12/14
Aguilera v. Fontes
Maricopa County Superior Court
Filed by two private citizens
Seek to be able to cast ballots and changes for next election
Evidentiary hearing held 11/23
Case dismissed with prejudice 11/30
Ward vs. Constance
Maricopa County Superior Court
Election Contest filed by a Trump elector who is Chair of the AZ GOP
Seeks signature certification of a random sample of ballots, an inspection of damaged ballots in Congressional District 5, decertification of the results, and a declaration that Trump won the vote
Dismissed by trial court after trial.
Affirmed by Arizona Supreme Court 12/8
Petition for Certiorari filed with US Supreme Court 12/11
Bowyer v. Ducey (Krakken IV)
U.S. District Court for the District of Arizona
Filed by several AZ residents
Seeks to decertify election result, block transmittal of result to Electoral College, and conduct a full manual recount.
Motions to dismiss granted 12/9
Notice of Appeal to 9th Circuit Court of Appeals filed 12/10
Nevada (Electors voted for Biden)
Rodimer v. Gloria
Clark County District Court
Filed by losing candidate
Seeks a revote Clark County or Congressional District 3
Petition filed; Motion for change of judge pending
Law v. Whitmer
Carson City District Court
Filed by individuals and Trump electors
Election contest that seeks to declare Trump the winner
NV Supreme Court affirmed trial court's ruling against the contest 12/8
Minnesota
Republicans have filed election challenges in the senate race and five house races, as well as a petition for a state-wide post election audit. All are in the process of briefing motions to dismiss.
New Mexico
Trump v. Toulouse Oliver
U.S. Court for the District of New Mexico
Filed by the Trump Campaign
Seeks disqualification of certain ballots cast in drop boxes or
Complaint filed 12/14
Fantasyland
Texas v. Pennsylvania
U.S. Supreme Court (original jurisdiction)
Filed by Texas AG
Seeks to order PA, Gam MI and WI to have legislatures appoint electors
AGs in 17 other states and Donald Trump have moved to intervene
Petition denied
Key Dates Remaining
January 3: The 117th United States Congress convenes with those members elected in 2020.
January 6: Electoral votes formally counted before a joint session of Congress, with any written objections to electors ruled upon.
January 20: Inauguration Day. Trump and Pence's 2016 term ends automatically. New President and VP sworn in.
https://en.wikipedia.org/wiki/Timeline_ ... l_election.
The best free online source for documents related to the election litigation is https://www.democracydocket.com
Accounts I follow on Twitter for election litigation news include @DemocracyDocket @marceelias @lawcrimenews @Colinkalmbacher @KlasfelReports @HeidiNBC @AndrewFeinberg @ZoeTillman