Philadelphia vs. Elon Musk

 

Friday, November 1 In 2020, Democracy Docket was the only news platform tracking every post-election lawsuit brought by Trump and his allies. For the final week before Election Day, we’re taking $20 off our premium membership — you won’t want to miss out on the latest updates, so make sure to become a member today. ON THE DOCKET THIS WEEK U.S. Supreme Court allows Virginia to continue voter purge program Philadelphia DA sues Elon Musk, PAC over $1M voter sweepstakes Republicans lose bid to disenfranchise overseas, military voters SCOTUS U.S. Supreme Court allows Virginia to continue voter purge program The nation’s highest court gave the green light to Virginia’s voter purge program, which targets individuals identified as “noncitizens” and has erroneously flagged the registrations of several longtime voters and state residents. Over the dissent of its three liberal justices, the U.S. Supreme Court on Wednesday agreed to reinstate the program implemented by GOP Virginia Gov. Glenn Youngkin. The decision nullifies a lower court ruling that ordered election officials to restore to the voter rolls nearly 1,600 individuals whose registrations were canceled or marked as inactive. Pro-voting advocates slammed the decision, calling it another example of the majority-Conservative high court issuing a ruling favorable to Republicans and harmful to voters. The Department of Justice (DOJ) had sued the state over Youngkin’s program, alleging the program violates the National Voter Registration Act’s (NVRA) “quiet period,” which prohibits states from systematically removing voters from the rolls within 90 days of a federal election. A federal district court and the 4th U.S. Circuit Court of Appeals both agreed that the program does likely violate the NVRA. The lawsuit noted that Virginia’s flawed process led to eligible voters being wrongly purged. Longtime U.S. citizen and Virginia resident Christine Rabassa learned her voter registration was canceled since she forgot to check the citizenship box on her DMV paperwork, according to the complaint. The Cardinel News spoke to Virginia voters, including one Trump supporter, who said their registrations were almost canceled. Read more about the case here. LITIGATION Philadelphia DA sues Elon Musk, PAC over $1M voter sweepstakes Trump-supporting tech billionaire Elon Musk and his political action committee are on one prosecutor’s radar due to Musk’s one million dollar giveaway to swing-state voters. Philadelphia District Attorney Larry Krasner (D) sued Musk and America PAC this week over the sweepstakes, which awards $1 million each day to a randomly selected registered voter in a swing state who signs the PAC’s petition “support the Constitution.” As of Thursday 11 people have won, including four people in Pennsylvania, according to the petition. Krasner’s office said that Musk and his PAC violated Pennsylvania law by running a lottery, which must be regulated and administered by the state, according to the complaint. “The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries,” Krasner’s office said. “The DA is also charged with protecting the public from interference with the integrity of elections.” A lawsuit seemed inevitable given the intense legal scrutiny over the $1 million sweepstakes, with some experts saying it could be a violation of federal law which prohibits paying for votes. One expert told NBC News that the PAC may have found a gray area by offering money to voters for their petition signatures or referrals, not directly for their votes. Either way, Musk’s PAC signaled that it plans to continue the sweepstakes. Read more here. VOTING Republicans lose bid to disenfranchise overseas, military voters Republicans’ attempt to challenge the validity of ballots cast in three swing states by U.S. voters and military members living overseas has been largely unsuccessful, marking another failed effort at disenfranchising a vulnerable voting bloc. This week, federal Judge Christopher Conner concluded that the lawmakers’ bid to impose new identification requirements on military and overseas voters came too close to the Nov. 5 general election. “The individual plaintiffs … provide no good excuse for waiting until barely a month before the election to bring this lawsuit,” Connor’s order said. Read more here. Other judges reached similar conclusions. In a Michigan case, state Judge Sima Patel rejected the Republican National Committee (RNC)’s lawsuit challenging the ability of certain overseas voters to cast absentee ballots and have their votes counted, ruling that the RNC filed suit too close to November. Read more here. Also, in a North Carolina case, state Judge John Smith denied the RNC’s request to disenfranchise certain military and overseas voters. Read more here. And learn more about attempts to disenfranchise overseas and military voters in the upcoming election. DOCKET WATCH The cases that could have decisions before Election Day Over 250 lawsuits have been filed so far this cycle and there are tons of key decisions we’re waiting on that will impact the election. Need help knowing what to expect? Docket Watch spotlights fast-moving cases and decisions that could come down any day now. 1. A lawsuit before the U.S. Supreme Court that will determine whether Pennsylvanians can vote provisionally at the polls if their mail-in ballots are rejected. 2. A lawsuit challenging over 277,000 inactive voters on Pennsylvania’s voter rolls. We expect a quick decision after yesterday's hearing. 3. A lawsuit filed by Pennsylvania Democrats in Erie County seeking immediate relief for an estimated 10,000 to 20,000 absentee voters who have not yet received their mail-in ballots. 4. A lawsuit challenging over 1.2 million inactive voters on Arizona’s voter rolls. The plaintiffs are seeking relief before Election Day. 5. A lawsuit pending before the Pennsylvania Supreme Court that will determine whether Washington County must notify voters of mail-in ballot errors. OPINION When We Fight, We Win Four years ago, Marc Elias wrote about the “honor, the anxiety and the anguish of litigating voting and election cases when democracy is literally at stake.” Now, he writes, “as we prepare for yet another high-stakes election, the professional naysayers are back. While we have seen Republicans boast about their aggressive litigation strategy, these pundits prefer to criticize both sides rather than speak in clear moral terms.” Read more here. NEW EPISODE When Will We Know the Next President? Your Top Election Questions Answered with Kerry Washington and Marc Elias When will we know who won the presidential election? How exactly do states certify results to the Electoral College? Actor and voting rights activist Kerry Washington has been on the campaign trail for the past few months meeting with voters across the country. Kerry collected voters' questions and concerns about the election and got them answers right from the source — Marc Elias. Listen to Kerry and Marc discuss everything you should know about what we'll see on election night and after on YouTube or wherever you get your podcasts. What We’re Doing Democracy Docket staff writer Crystal Hill wrapped up her interview with Tennessee U.S. Senate candidate Gloria Johnson, the last session for Democracy Docket’s 2024 Candidate Q&A series. This year, Hill and the writing team sat down with 14 candidates and learned more about their platforms, backgrounds and why they’re pursuing elected offices. Hill especially enjoyed interviewing judicial candidates, who are often overlooked on ballots despite having significant influence over public policy. The biggest takeaway? Vote. Vote. Vote.

Georgia counties won’t have to hand count ballots

 

Wednesday, October 16 As the 2024 election rapidly approaches, democracy is on the docket. We have a database of nearly 900 lawsuits and track every movement in the courts, so you don't have to. Democracy Docket is the only source that exposes what's going on in the courts and its impact on your right to vote — consider supporting our work and keeping our content free by becoming a member for just $10/month. Courts deliver wins for voters in Georgia, Nebraska and Alabama A Georgia judge blocked a last-minute rule passed by the State Election Board that would have required poll workers to hand count the total number of ballots cast on Election Day. The judge said the rule was "too much, too late" and would cause "administrative chaos." The Nebraska Supreme Court ruled the state must allow people who have completed sentences for felony convictions to register to vote — restoring voting rights to thousands. This comes after the state refused to register these eligible voters. A federal judge halted Alabama's voter purge program that the state claimed targeted noncitizens but removed naturalized citizens from the active voter rolls. The judge said the program violates federal law limiting voter removals close to an election. Marc and Democracy Docket's Paige Moskowitz break down these decisions and what they mean for voters and democracy in a new YouTube video. Voting lawsuits filed yesterday in Georgia and Minnesota A pro-voter group sued over part of Georgia's new mass voter challenge law that makes it easier to challenge voters' eligibility. The group claimed that the provision puts military and overseas voters at risk of disenfranchisement and violates federal laws. The Minnesota Republican Party filed a lawsuit alleging that Minneapolis-area Hennepin County did not appoint any member of the county absentee ballot board from the party’s list of recommended candidates, violating state election law. THE SCOREBOARD Since Jan. 1, 2023 Wisconsin officials asked to investigate texts intimidating voters Political advocacy groups asked Wisconsin’s attorney general and Department of Justice to investigate what they allege are “threatening” text messages intended to intimidate thousands of young voters in the battleground state. GOP lawsuits target swing state voters overseas — including military members Republicans’ latest target is overseas and military voters in battleground states. In another YouTube video, Democracy Docket’s Sophie Feldman explains why the GOP is filing lawsuits to prevent these voters from casting absentee ballots in the 2024 election. Court hearings coming up tomorrow A federal district court will consider the North Carolina State Board of Elections’ motion to dismiss a RNC lawsuit targeting 225,000 voter registrations.  A county circuit court will hear a lawsuit filed by a Wisconsin voter challenging the state’s process for verifying the citizenship status of voter registrants. The judge will consider a request for immediate relief from the plaintiff and a motion to dismiss the case from the state.

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