Three cases were filed by Democrats while the political affiliation for the other two cases is unknown.
1. Wisconsin: Elizabeth Pierson v. Bill Stepien, et al.
(Filed November 5, 2020, 1:20-cv-09266; Dismissed November 13, 2020)
US District Court: Elizabeth Pierson v. Bill Stepien, et al. was filed in US District Court for the Southern District of New York, on November 5, 2020, by a Wisconsin voter who sought to enjoin the Trump campaign from paying for a recount of the Wisconsin results in the November 3, 2020, General Election. The lawsuit argued that Wisconsin’s “pay-to-play” recount law violated her constitutional rights because candidates with enough money can pay for a recount, but candidates without the funding would not be able to afford it. This could threaten a voter’s right to have their ballot counted.
Plaintiff’s complaint contained technical defects, so the court ordered Plaintiff to file an amended complaint. Plaintiff did not cure the complaint’s defects so the court entered an administrative dismissal of the case on November 13, 2020.
[Note: In Wisconsin, people do not select a political party when they register to vote. As of May 13, 2022, we have not been able to confirm whether Elizabeth Pierson identifies as a Democrat or any other political party.]
Issues: Election recount procedures
Outcome: The Plaintiff lost (did not pursue case after being ordered to file an amended complaint).
2. Michigan: Michigan Welfare Rights Organization, et al. v. Donald J. Trump, et al.
(Filed November 20, 2020, 1:20-cv-03388; Pending)
US District Court: Michigan Welfare Rights Organization, et al. v. Trump, et al. was filed on November 20 2020, in the US District Court for the District of Columbia on behalf of the Michigan Welfare Rights Organization (a membership union), challenging President Trump and his campaign’s efforts to overturn the results of the 2020 presidential election by disenfranchising Black voters in Michigan. The lawsuit specifically noted efforts to pressure state and local officials not to count or certify votes. The NAACP and three Black voters from Detroit signed on to the case as plaintiffs. The case was assigned to the Hon. Emmet G. Sullivan, a Democratic appointee.
On December 21, 2020, the Republican National Committee (RNC) was added as a defendant in Plaintiffs’ Amended Complaint, which also contained a count alleging a violation of the Ku Klux Klan Act. The defendants’ filed a motion to transfer the case from the US District Court for the District of Columbia to the Eastern District of Michigan and a motion to dismiss.
On April 1, 2022, the judge ruled that Trump and the RNC would not have to face charges that they violated the Voting Rights Act in the 2020 presidential election, but withheld ruling on the claim that they violated the Ku Klux Klan Act. The defendants’ motion to change the venue was denied. The remainder of the case was pending as of May 12, 2022.
[Note: According to its Facebook page, the Michigan Welfare Rights Organization is a “union for welfare recipients and low income people in Michigan.” The organization has no stated political party affiliation.]
Issues: Systematic efforts to disrupt vote counting, block election certification, and disenfranchise voters
Outcome: Pending
3. Pennsylvania: Senator Jay Costa, et al. v. Senator Jacob Corman III, et al.
(Filed September 17, 2021, 310 MD 2021; Pending)
Commonwealth Court of Pennsylvania: Senator Jay Costa, et al. v. Senator Jacob Corman III, et al. was filed on September 17, 2021 by Democratic state senators in Pennsylvania. They sought to stop a Republican-led investigation of the 2020 Presidential Election and to block a subpoena to the Department of State of Pennsylvania that requested personal information for all voters in the state. The investigation purportedly sought to verify the identity of people who voted. Plaintiffs objected to the investigation on constitutional grounds, arguing that the legislature does not have the authority to oversee elections. Plaintiffs also objected to the public release of personal information of citizens of Pennsylvania on privacy grounds. The case was assigned to the Hon. Mary Hannah Leavitt, a Republican.
On October 4, 2021, two other suits that objected to the subpoena were consolidated with this case: Commonwealth v. Dush, et al. and Haywood, et al. v. DeGraffenreid, et al. (see numbers 4 and 5 below). On October 13, 2021, petitioners filed a Memorandum in Support of Commonwealth Petitioners’ Application for Summary Relief. The case was pending as of May 12, 2022.
Issues: Protection of voter information; Legislative authority to oversee elections
Outcome: Pending
4. Pennsylvania: Commonwealth of Pennsylvania, et al. v. Senator Dush, et al.
(Filed September 23, 2021, 322 MD 2021; Pending)
Commonwealth Court of Pennsylvania: Commonwealth of Pennsylvania, et al. v. Senator Dush, et al., a petition in equity and for declaratory judgment, was filed on September 23, 2021 by the Pennsylvania Attorney General, Josh Shapiro, a Democrat. His office filed the lawsuit on behalf of the Commonwealth of Pennsylvania, Department of State, and Acting Secretary Veronica Degraffenreid. The goal was to block a state senate subpoena to the Department of State of Pennsylvania that requested personal information for all voters in the state. A committee of Republican senators seeking to investigate alleged irregularities in the November 3, 2020, election issued a subpoena for the names, dates of birth, driver’s license numbers, addresses, and partial social security numbers of all registered voters in the state. The Attorney General sought to protect the public’s right to privacy and right to free and fair elections. The case was assigned to the Hon. Mary Hannah Leavitt, a Republican.
This case was consolidated with the lead case, Senator Jay Costa, et al. v. Senator Jacob Corman III, et al., and another case, Arthur Haywood, et al. v. Veronica DeGraffenreid, et al., on October 4, 2021. The consolidated case was pending as of May 12, 2022.
Issues: Protection of voter information; Legislative authority to oversee elections
Outcome: Pending
5. Pennsylvania: Arthur Haywood, et al. v. Veronica DeGraffenreid, et al.
(Filed September 27, 2021, 323 MD 2021; Pending)
Commonwealth Court of Pennsylvania: Arthur Haywood, et al. v. Veronica DeGraffenreid, et al. was filed on September 27, 2021, in the Commonwealth Court of Pennsylvania, by a Democratic state senator, Arthur Haywood, and his wife, to block a subpoena from the Republican-controlled state senate to the Department of State of Pennsylvania, which requested personal information for all voters in the state. The case was assigned to the Hon. Mary Hannah Leavitt, a Republican.
This case was consolidated with the lead case, Senator Jay Costa, et al. v. Senator Jacob Corman III, et al., and another case, Pennsylvania: Commonwealth of Pennsylvania, et al. v. Senator Dush, et al., on October 4, 2021. The consolidated case was pending as of May 12, 2022.
[Note: We are unable to find a PDF of the case as filed before consolidation.]
Issues: Protection of voter information; Legislative authority to oversee elections
Outcome: Pending