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November 5, 2024

Election Day developments that threatened to prevent Americans from voting—ranging from snap anti-voter litigation to bomb threats to equipment failures—have been largely unsuccessful thus far. Courts across the country have largely ruled in favor of increased voter access, including extending voting time where necessary. Perhaps the signature case came in Georgia federal court, where a Trump-appointed judge refused to consider a GOP effort to have predominantly democratic ballots thrown out – epitomizing the best non-partisan tradition of election adjudication. As this and many other cases evolved throughout the day, volunteers and poll workers have continued to perform their tasks admirably.

In this new publication for Election Week 2024, we track the most important breaking election cases across the country. This tracker complements our weekly top 10 major case list from the pre-election period with real-time analysis of developments in those cases and in new ones filed on or after election day while the count continues. The cases below are organized by state; in the interests of time we do not attempt to rank them. This tracker is updated as developments occur throughout the day and will continue for as long as necessary, at least through Election Week. 

Like our weekly Top Ten list, the criteria that we use to derive this list of breaking cases and developments in them are as follows:

  1. Seriousness of implications for the democratic process;
  2. Potential to distort democratic process or subvert democratic outcomes in a state or nationally; and
  3. New and notable development or unresolved and serious legal question with implications for the democratic process.

For questions, comments, or suggestions, please contact lte@justsecurity.org.

Arizona

    • On Oct. 31, an Arizona judge ordered the Arizona Secretary of State to release the names of 98,000 voters who were affected by a glitch in the state’s voter registration system by noon on Nov. 4. The glitch, identified earlier this year, caused the state’s voter registration system to incorrectly record that affected voters had provided documentary proof of citizenship, which is required in Arizona to register to vote for state (but not federal) elections. Up to 218,000 total voters may have been affected. In September, a state court denied the Maricopa County Recorder’s request to prevent affected voters from voting in state and local elections. On Nov. 4, the Arizona Court of Appeals affirmed the trial court’s order and held that the 98,000 names must be released.
    • On Oct. 29, the Maricopa County Republican Committee filed a special action seeking to either block elections officials from using any voting system that does not comply with certain password protections, or in the alternative, to inspect election-related logs, tapes, and reports. The party also sought a declaratory judgment that the county and its Board of Supervisors did not follow Arizona law regarding security of the voting systems. On Nov. 4, the judge declined to exercise jurisdiction over the lawsuit, ensuring that Maricopa County can continue to use their current voting system.

Georgia

  • RNC, et al., v. Mahoney, et al., Case No. 4:24-tc-0500 (United States District Court for the Southern District of Georgia)
    • The RNC sued seven Georgia counties, alleging that these counties violated the law by keeping certain election offices open over the weekend to allow voters to return their absentee ballots. The RNC incorrectly relied on a law that does not apply to this situation, but rather to drop boxes, which were supposed to be, and in fact were, closed at the conclusion of early voting last Friday. On Nov. 5, Chief Judge R. Stan Baker of the Southern District of Georgia, a Trump-appointee, denied the RNC’s request for a temporary restraining order and preliminary injunction, calling their claims “factually and legally incorrect.”
    • On Nov. 5, a judge granted a petition by the Gwinnett County Board of Registrations and Elections to extend the hours of closing Precinct Nos. 52 and 112 until 7:58 p.m. ET on Nov. 5. The court noted that all eligible voters in line as of 7 p.m. ET at the polling location can cast their ballots regularly; however, voters who arrive after 7 p.m. ET but before 7:58 p.m. ET are allowed to cast their ballots via provisional ballots, which will be separated and held apart from other provisional ballots.
    • The Georgia Fulton County Superior Court extended voting hours for five polling locations in the county after “non-credible” bomb threats, reportedly “of Russian origin,” required evacuation at these locations.

Iowa

Kentucky

    • On Nov. 5, a state court judge denied a motion filed by the Kentucky Democratic Party to extend polling hours in Jefferson County. The Kentucky Democratic Party made the request after reports of technical issues and delays were made at multiple voting locations on Nov. 5.

Michigan

    • The Irving Township Clerk and Deputy Clerk filed a lawsuit seeking emergency relief to allow them to hand count all ballots cast in Irving Township due to an alleged glitch with “Voter Assist Terminals.” The Michigan Secretary of State successfully pushed for a dismissal of the lawsuit with prejudice, with the judge finding that the Township Clerk had notice of the alleged glitch on Oct. 24 and unnecessarily delayed bringing the lawsuit in a manner that prejudiced the Secretary of State. The court also found that none of the Township Clerk’s claims had any factual support.

Missouri

    • On Nov. 1, the U.S. Department of Justice (DOJ) announced that it intended to send poll watchers to locations in the City of St. Louis, Missouri, and the State of Missouri sought a preliminary injunction barring these poll watchers from the polling locations. On Nov. 4, the court denied the motion for preliminary injunction and found that under the Americans with Disabilities Act, the DOJ was permitted to send poll watchers to polling locations in St. Louis.

New York

    • On Nov. 5, Rep. Michael Lawler (R-N.Y.) filed a petition seeking to have the Court set aside mail-in ballots that were allegedly returned by individuals who registered to vote at the Westchester County Jail. Lawler alleges that: 135 currently incarcerated individuals registered to vote at the Westchester County Jail; 104 of these individuals returned mail-in ballots; and 60 of these individuals had previously registered to vote from addresses in other New York congressional districts. The petition alleges that these ballots were scheduled to be opened at 11 a.m. ET on Nov. 5. The state Board of Elections says that jailed New Yorkers can register to vote from jail if they meet the state’s 30-day residency requirement.

Pennsylvania 

    • On Nov. 5, the Cambria County Board of Elections filed a petition for emergency relief requesting that voting in Cambria County be extended from 8 p.m. to 10 p.m. ET because the Electronic Voting System used in the County experienced a software malfunction, preventing voters from scanning completed ballots. The malfunction allegedly resulted in voters leaving polling stations without casting completed ballots. The court granted petitioner’s request for relief, extending voting in Cambria County until 10 p.m. ET on Nov. 5. Voting after 8 p.m. ET shall be by provisional ballot.
    • On Nov. 5, Northampton County Republican Committee (NCRC) petitioned the court to enter an order directing the county to provide the NCRC the list of judges of election, majority inspectors, and minority inspectors for every polling place in Northampton County. The NCRC claims to have used this list in the past for lawful Election Day purposes, such as poll watcher stationing. The NCRC alleges that the county’s failure to respond to its requests is intentional, further alleging that it puts the NCRC and Republican candidates at a disadvantage on Election Day. The court granted the NCRC’s petition, ordering Northampton County to furnish the NCRC with the information requested by 4:30 p.m. ET.
    • On Nov. 5, the Luzerne County Election Bureau and Luzerne County Board of Elections and Registration filed a petition for emergency relief requesting voting hours be extended because a polling location in Laflin Borough did not open until approximately 8:30 a.m. ET on Tuesday. The court granted the petition, ordering that Laflin Borough’s polling hours be extended by 90 minutes and remain open until 9:30 p.m. ET.
    • On Nov. 5, an election judge in Fayette County, Pennsylvania. was forced to abandon a plan to hand count ballots in the wake of a court order informing him that he must comply with state law.
    • On Nov. 5, the court granted the Perry County Board of Elections’ petition, authorizing the Board to issue provisional ballots to disabled voters who used mail-in/absentee ballots and had been notified that their ballots may have been defective. The court ordered that these provisional ballots must be returned to the Perry County Election Office by 8 p.m. ET on Nov. 5.
    • On Nov. 5, the court denied petitioners’ request to extend voting hours in Northampton County Bethlehem Ward No. 3. All voters in line at 8 p.m. ET will be able to vote in accordance with local laws.

Texas

Wisconsin 

    • On Sept. 30, three Milwaukee residents filed a lawsuit seeking to deactivate over 140,000 Wisconsin voter registrations due to alleged discrepancies with U.S. Postal Service data. The Milwaukee Elections Commission responded with a motion to dismiss on Oct. 22, arguing that the plaintiffs were required to first bring their complaint before the state elections commission. The Milwaukee County judge agreed with the commission and dismissed the lawsuit.
IMAGE: Election 2024 Real-Time Litigation Tracker (Pooja Shah/Just Security)

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