Litigation We're Watching

Last Updated 03/2020

DNC v. Hobbs, No. 18-15845. In February, 9th Circuit allowed Arizona ballot harvesting ban to remain in effect while appealed to the US Supreme Court. This follows a ruling in January finding holding the law violates the Voting Rights Act and the Constitution.

Colorado Dept of State v. Baca, No. 19-518 and Chiafalo v. Washington, No. 19-465. In Chiafalo, the Washington Supreme Court affirmed penalty of $1,000 imposed on faithless electors by state law. In Baca, the 10th Circuit held that a Colorado faithless elector’s removal from his position violated his constitutional right under Art. 1, sec. 2 in a complicated opinion. Supreme Court has taken the case and it will be heard and decided before July 1. Cases raise the issue whether an elector pledged to support a particular candidate for President has the constitutional right to decide independently for whom to vote for President under art. II, sec. 1, clause 3 and the 12th Amendment, and whether standing exists after the Electoral College has met and acted, on separation of powers.