Introducing my election tip sheet

 

You may have noticed by now that I love explaining things using numbers. In 2020, Democracy Docket made its name by tracking the number of lawsuits being filed. After the election, it published the closely watched Biden wins vs. Trump losses as a post-election scoreboard in real time. Now, subscribers get the daily scoreboard of voting rights wins and losses for the election cycle every night in Daily Docket. On Saturdays, members get even more detailed statistics that help explain what is happening in court. Yet, I am the first to admit that there are things that numbers can’t track, like which cases are most important or what is happening on the ground level of campaigns. Context matters, and never more than in the final weeks before an election and the days afterward. That is why, starting today, each Tuesday morning I will send members a weekly tip sheet that will point you in the direction of what to expect in the week ahead. Put simply, when it comes to democracy in the courts, I hope to cut through the noise by explaining what to expect, what matters most and why. We will continue this at least until Congress is sworn in on Jan. 3 and certifies the presidential election on Jan. 6. At that point we will reassess. In the meantime, let me know what you think by replying to this email. The goal of our paid membership program is to provide you with the information you need to make sense of a confusing legal and election landscape. Let’s get started this week with three cases to watch, two victories to savor and a bonus pick. After this week, my tip sheet will be exclusive to members only — if you want my insights into the cases I think are most likely to impact the election, consider upgrading to our premium membership today. At $120/year, your contribution will not only unlock premium content like this, but you will also join thousands of readers in supporting Democracy Docket’s team of 16. We couldn’t do this work without our members and with only a few weeks left until the election, your support would go a long way. CASE TO WATCH The RNC’s attempt to shorten Mississippi’s mail-in ballot receipt deadline A case from Mississippi may seem like an odd place to start, but this is no ordinary case. It is part of a nationwide effort by Republicans to challenge laws allowing for the counting of mail-in ballots that are sent back by the voter before Election Day, but not received until shortly thereafter. Republicans sued Mississippi trying to score an easy win and precedent to shop elsewhere. My law firm Elias Law Group intervened on behalf of several clients and helped thwart that plan before the trial court. The very conservative 5th Circuit heard argument in the appeal late last month. Now we await a decision. Expect whichever side loses to take a hard look at an emergency appeal to the Supreme Court. CASE TO WATCH Will voters with defective ballots in Washington County, Pennsylvania be able to vote on provisional ballots? By now it seems like every technicality and intricacy involving returning a mail-in ballot in Pennsylvania has been litigated. And, recently, the state Supreme Court shut the door, at least for now, on two petitions to add the high court’s docket on this subject. It did, however, agree to hear one more critical case. This one involves whether a county must provide notice to voters whose ballots have defects and allow them an opportunity to vote on provisional ballots at the polls. It seems like the answer is clearly yes, but of course the Republicans are arguing against this commonsense position. Briefing was completed on Friday, so I expect a decision as early as this week. CASE TO WATCH The DNC and Georgia Democrats challenge the Georgia State Election Board’s new certification rule By now, we all know about the MAGA controlled Georgia State Election Board and its efforts to pass last minute rules to undermine the smooth administration of elections. One of the smartest lawsuits fighting back against these rules was brought back in August by the Democratic Party challenging the changes made to the county certification process. A bench trial was held on Oct. 1 and since then we are all waiting for the trial court’s decision. No guarantee, but I suspect we will see it this week. COURT VICTORY Nevada right-wing group abandons trio of lawsuits seeking to mass challenge voters We call these the Pigpen cases. Really, we do. Not because of the beloved Peanuts character, but because a group using that moniker was behind a trio of lawsuits suing four Nevada counties for refusing to process voter challenges submitted by the right-wing group. The counties correctly rejected these mass challenges by relying on guidance from the Nevada secretary of state requiring voter challengers to have personal knowledge of the facts supporting their challenge of another voter’s eligibility. Days after my law firm intervened to oppose these efforts, the plaintiffs dropped their lawsuits. Sometimes the sweetest victories are the fights you avoid. COURT VICTORY Noncitizen voting lawsuits keep losing — this time it’s a Trump ally Trump sycophant and all-around bad guy Stephen Miller started a legal organization and it is up to no good. In August, it supported a lawsuit by a right-wing group called Strong Communities Foundation of Arizona, that claimed that Arizona counties were failing to adequately remove noncitizens from the voter rolls. Well, they finally got their day in court and lost — big time. The judge ruled that they did not have standing and, even if they did, federal law prohibits removing voters from the rolls within 90 days of an election. The correct results and an important decision. BONUS PICK The voting and election cases on the Supreme Court’s docket Ever since it lost Moore v. Harper in 2023, the GOP has been looking for a way to entice the U.S. Supreme Court to hear another case to adopt the fringe independent state legislature theory. Most recently it failed in Keefer v. Biden, a case out of Pennsylvania. Next up, the Court will consider in its private conference a case from Montana. Nothing imminent yet in this one, but worth keeping in mind. Did you enjoy my tip sheet of the hottest cases of the week? Members will continue receiving this list on Tuesday mornings, so make sure you upgrade today!