Litigation We're Watching

Litigation of Interest

Ritter v. Migliori (U.S. Supreme Court, No. 22-30). On October 11, 2022, U.S. Supreme Court vacated order of Court of Appeals for the Third Circuit, remanded back to the Third Circuit with instructions to dismiss the case as moot. The practical impact of the order is the Third Circuit’s previous ruling cannot be used as precedent, and Pennsylvania’s requirement that mail ballot envelopes must be dated by the voter to be counted may be enforced.

U.S. v. State of Arizona (9th Cir), filed in July 2022: Lawsuit against the State of Arizona challenging AZ House Bill 2492 (2022), under Section 6 of the National Voter Registration Act of 1993 and Section 101 of the Civil Rights Act of 1964. AZ House Bill 2492 was passed to restore and enhance safeguards in the voter registration process. The bill requires voters provide documentary proof of citizenship, like a birth certificate or passport, in order to vote in state and federal elections.

Judicial Watch, Inc. v. Weber (USDC, Central District of California, Case No. 2:22-cv-06894, complaint filed 09/23/22). Judicial Watch alleges California Secretary of State violated First and Fourteenth Amendments of the US Constitution by directing YouTube to remove videos posted by Judicial Watch titled “**ELECTION INTEGRITY CRISIS** Dirty Voter Rolls, Ballot Harvesting Mail-in-Voting Risks!” The Secretary of State’s Office of Elections Cybersecurity contacted Google (YouTube owner) on September 24, 2020, and the video was taken down on September 25, 2020.

O’Handley v. Padilla (USDC, Central District of California, Case No. 2:21-cv-04954, complaint filed 06/17/21). Plaintiff alleges the California Secretary of State’s Office of Elections Cybersecurity and others illegally “deployed government force to bolster the personal political goals of Democrat office holders, most notably including then-Secretary of State Alex Padilla” by contacting “Twitter through dedicated channels Defendants created to streamline censorship requests from government agencies. Twitter promptly complied with the OEC’s request to censor Mr. O’Handley’s problematic opinions from its platform, and ultimately banned his account, which had reached over 440,000 followers at its zenith, for violating Twitter’s civic integrity policy.”