Litigation Highlights
The RNC submitted a complaint to the United States Department of Justice about the Maine Secretary of State’s refusal to turn over public records about the State’s voter list maintenance efforts.
The RNC filed its reply brief in the Executive Order litigation in support of its motion for summary judgment on the documentary proof of citizenship provision.
In Bost v. Illinois State Board of Elections, the RNC filed an amicus briefat the United States Supreme Court in support of Bost, arguing thatfederal candidates have standing to challenge an election-day receipt deadline.
The Arizona Supreme Court granted the Secretary’s petition to review a lower court’s decision that the 2023 Elections Procedures Manual violated Arizona law.
The trial judge ruled in favor of the Fulton County GOP, directing the Fulton County Board of Commissioners in Georgia to appoint the RNC’s nominees. When the Board failed to comply, the judge held the Board in contempt of court.
The Eleventh Circuit upheld Georgia’s prohibitions on prefilling absentee-ballot applications and sending duplicate applications to voters.
The RNC sent a letter to the Kentucky Department of Transportation seeking public records about a scheme involving driver’s licenses being issued to non-citizens.
The RNC requested a New Jersey court reconsider its dismissal of the RNC’s claims that the state failed to produce voter list maintenance records and seal audit logs.
The RNC filed a petition for rehearing en banc after the Third Circuit affirmed the district court’s injunction of Pennsylvania’s undated ballot provision.
In Texas, the Fifth Circuit upheld provisions in SB1 that protect voters from coercion or abuse when needing assistance at the ballot box.
Status of State Litigation
Arizona
RNC v. Fontes, No. 24-050553 (Ariz. S. Ct.)
Issue: Arizona’s Secretary of State adopted the 2023 Elections Procedures Manual without going through Arizona’s rulemaking process.
RNC’s Role: Plaintiff
Status: The Arizona Court of Appeals held that the Secretary had failed to follow Arizona’s rulemaking process in adopting the 2023 EPM. The Arizona Supreme Court granted Arizona’s petition to review the lower court’s decision, and the RNC filed its supplemental brief on September 8, 2025.
Mi Familia Vota v. Hobbs II, No. 24-3188 (9th Cir.)
Issue: Arizona added a documentary proof of citizenship requirement to its voter registration form.
RNC’s Role: Intervenor-Defendant
Status: After the United States Supreme Court allowed Arizona to enforce its proof-of-citizenship requirement for the 2024 election while the parties continued to litigate the merits of the law, the Ninth Circuit affirmed the district court’s injunction again in in April 2025. The Ninth Circuit denied the RNC’s petition for en banc review.
Mi Familia Vota v. Hobbs I, No. 21-CV-01423 (D. Ariz.)
Issue: Arizona created a new protocol to remove voters from the Active Early Voting List (i.e., the list of voters who automatically receive mail-in ballots) if they don’t cast an early ballot in any election over two election cycles and don’t respond to a follow-up notice.
RNC’s Role: Intervenor-Defendant
Status: In June 2022, the judge dismissed all the claims except the plaintiffs’ claim that the Active Early Voting List reform law was motivated by discriminatory animus. The parties are currently engaged in discovery.
RNC v. Arizona, CV2025-022859 (Ariz. Sup. Ct.)
Issue: The RNC sued the State of Arizona for permitting individuals who have never resided in the United States, let alone in the State of Arizona, to register to vote in Arizona.
RNC’s Role: Intervenor-Defendant
Status: The State of Arizona moved to dismiss the RNC’s complaint, and the parties are awaiting the court’s decision.
District of Columbia
LULAC v. Trump, No. 1:25-cv-946 (D.D.C.)
Issue: The Executive Order targets a number of important election integrity efforts, including proof of citizenship to register to vote; removal of non-citizens from voter rolls; and only counting mail-in ballots received by election day.
RNC’s Role: Intervenor-Defendant
Status: The district court granted the RNC’s motion to intervene. The court granted a preliminary injunction, partially enjoining portions of the President’s Executive Order. The parties are currently briefing summary judgment.
Florida
Florida Rising Together v. Byrd, No. 6:24-cv-01682 (M.D. Fla.)
Issue: Florida law requires the registration information to be an exact match to data maintained by the Florida government or the federal government.
RNC’s Role: Intervenor-Defendant
Status: The district court granted our intervention motion, and the RNC is now participating in discovery.
Vote.Org v. Byrd, No. 4:23-cv-00111 (11th Cir.)
Issue: Florida law requires an original signature (wet signature) on voter registration forms.
RNC’s Role: Intervenor-Defendant
Status: The district court upheld the wet signature requirement, and the plaintiffs appealed. The Eleventh Circuit heard oral argument on May 8, and the parties are waiting on a decision.
Georgia
Fulton County GOP v. Fulton County Board of Commissioners, No. 25CV008083 (Ga. Sup. Ct. Fulton Cnty.)
Issue: The Fulton County Board of Commissioners refused to appoint the Fulton County GOP’s nominees to the Board of Elections.
RNC’s Role: Plaintiff
Status: A judge ordered the Board to appoint the Republican nominees, but the Democratic Commissioners refused to do so. In late August, the trial court found the Board in contempt and the County is currently appealing the decision on the merits as well as the decision on contempt.
VoteAmerica v. Raffensperger, No. 1:21-cv-1390 (N.D. Ga.)
Issue: SB202 prohibits groups from prefilling absentee-ballot applications and sending duplicate applications to voters.
RNC’s Role: Intervenor-Defendant
Status: The district court upheld Georgia’s prohibitions, which help reduce voter confusion, support voter confidence, and make elections more secure.
Coalition for Good Governance v. Raffensperger, No. 25-11347 (11th Cir.)
Issue: SB202 allows the State Election Board to temporarily suspend election superintendents after they commit multiple violations of law. SB202 also made it a felony to intentionally observe someone casting a ballot such that the observer can see who the elector voted for. It also strengthens protections for tallying ballots.
RNC’s Role: Intervenor-Defendant
Status: The district court granted summary judgment in favor of the State of Georgia, dismissing the case. Plaintiffs have appealed, and the RNC joined the State’s response brief on September 15, 2025, asking the Eleventh Circuit to affirm dismissal.
In re SB 202, No. 23-13085 (N.D. Ga.; 11th Cir.)
Issue: SB202 prohibits the mailing of unsolicited absentee ballot applications; requires identification to request an absentee ballot; shortens the application window for absentee ballot requests; restricts the use of drop boxes; prohibits the giving of money and gifts at polling places; and restricts the counting of out-of-precinct provisional ballots.
RNC’s Role: Intervenor-Defendant
Status: The court preliminarily enjoined the birthdate requirement on absentee ballots and the 25-foot line-warming prohibition for the 2024 elections. The RNC and the State appealed the orders and are waiting on a decision. Separately, the parties are waiting on the district court’s decision on summary judgment on the remaining issues.
Illinois
Bost v. Illinois Board of Elections, No. 23-2644 (S. Ct.)
Issue: Whether federal candidates have standing to challenge an election-day receipt deadline law.
RNC’s Role: Amicus
Status: The Seventh Circuit held that federal candidates do not have standing to challenge the Illinois law. The RNC filed an amicus brief in support of Bost in the Seventh Circuit. The United States Supreme Court granted cert and oral argument is scheduled for October 8, 2025. The RNC filed another amicus brief in support of Bost at the Supreme Court on July 29, 2025.
Indiana
Count Us In v. Morales, No. 1:25-cv-00864 (S.D. Ind.)
Issue: Indiana law bans the use of student identification cards to vote.
RNC’s Role: Amicus
Status: The RNC filed an amicus brief on July 17 in support of the state.
Kansas
Kansas Appleseed Center v. Schwab, No. 2:2025cv02375 (Ks. D. Ct. Douglas Cnty.)
Issue: Kansas passed a law that requires all mail-in ballots to be received by election day.
RNC’s Role: Intervenor-Defendant
Status: The RNC filed a motion to intervene on July 3 to help the Secretary of State defend against this challenge, which seeks to enjoin the Kansas law and extend the existing receipt deadline from 3 days to 7 days after election day. The State removed the case to federal court, and the RNC’s motion is being held in abeyance.
Michigan
RNC v. Benson, No. 1:24-cv-262-JMB (Mich. Ct. Cl.)
Issue: Michigan law authorizes tabulating ballots only when the number on the ballot stub matches the number on the ballot envelope, but the Secretary of State ordered the tabulation of ballots even when the numbers did not match.
RNC’s Role: Plaintiff
Status: The parties all moved for summary disposition and are awaiting a decision from the Michigan Court of Claims.
RNC v. Benson, No. 1:24-cv-262 (6th Cir.)
Issue: Michigan has failed to maintain its voter rolls in accordance with the NVRA, resulting in county voter registration rates above 100%.
RNC’s Role: Plaintiff
Status: The district court dismissed the RNC’s lawsuit for lack of standing. The RNC appealed to the Sixth Circuit and is awaiting a decision.
RNC v. City of Lansing, No. 25-000919 (Mich. Cir. Ct.)
Issue: The City of Lansing failed to provide video footage of ballot drop boxes after the RNC submitted public records requests and instead said it requires the RNC to pay an exorbitant amount to access these records.
RNC’s Role: Plaintiff
Status: The trial court denied the City’s request to dismiss the RNC’s claim that when a requesting party wants to challenge the legitimacy of a records fee, it may do so without having to pay it upfront. The parties are engaging in discovery
Minnesota
MN Alliance for Retired Americans v. Simon, No. 62-cv-24-854 (Minn.)
Issue: Minnesota law requires that absentee voters have a witnessobserve their completion of the absentee ballot.
RNC’s Role: Amicus
Status: The Court of Appeals upheld Minnesota’s witness requirement, and while the RNC was denied intervention, the RNC filed an amicus brief in the Minnesota Supreme Court, asking the court to affirm the decision.
Mississippi
RNC v. Wetzel, No. 1:24-cv-00025-LG-RPM (S. Ct.)
Issue: Mississippi permits the counting of mail-in ballots after election day.
RNC’s Role: Plaintiff
Status: The Fifth Circuit Court of Appeals held that the federal election-day statutes require that ballots be cast by voters and received by election officials by election day. Mississippi filed a cert petition in June, asking the United States Supreme Court to review the Fifth Circuit's decision.
Montana
Montana Federation of Public Employees v. Montana, ADV 2025-268 (Mont. 1st Jud. Dist.)
Issue: Montana law no longer permits an individual to file a declaration attesting to identity in place of a photo identification.
RNC’s Role: Intervenor-Defendant
Status: The RNC moved to intervene and is waiting on the district court’s decision on its motion.
Nevada
RNC v. Aguilar, No. 2:24-cv-518 (D. Nev.)
Issue: The RNC sued Nevada for failing to maintain accurate voter rollsas required by the NVRA.
RNC’s Role: Plaintiff
Status: The district court granted the state’s motion to dismiss the RNC’s complaint but gave the RNC leave to amend the complaint. The RNC filed an amended complaint, the defendants moved to dismiss again, and the district court stayed the motion to dismiss pending resolution of another case that may impact the parties’ standing arguments.
RNC v. Burgess, No. 3:24-cv-00198 (9th Cir.)
Issue: Nevada law permits the counting of mail-in ballots up to four days after election day.
RNC’s Role: Plaintiff
Status: The district court dismissed the RNC’s claims for lack of standing. The RNC appealed to the Ninth Circuit, and oral argument is scheduled for October 22.
New Hampshire
Coalition for Open Democracy v. Scanlan and New Hampshire Youth Movement v. Scanlan, No. 1:24-cv-00291 (D.N.H.)
Issue: New Hampshire passed a law requiring documentary proof of citizenship.
RNC’s Role: Amicus
Status: The RNC filed an amicus brief in support of New Hampshire’s motion to dismiss. The RNC is waiting on the district court’s decision.
New Jersey
Republican National Committee v. Division of Elections, MER-L-1499-25 (N.J. Sup. Ct.)
Issue: New Jersey failed to turn over records regarding voter list maintenance and the seal audit logs from the June 2025 Primary.
RNC’s Role: Plaintiff
Status: The trial court dismissed the RNC’s claim, and the RNC moved for reconsideration. The parties are waiting on a decision.
Pennsylvania
Baxter v. Philadelphia Board of Elections, No. 240902481 (Pa.)
Issue: Pennsylvania law requires mail-in ballots to be dated in order to be counted.
RNC’s Role: Intervenor-Defendant
Status: The lower court concluded that Pennsylvania’s date requirement violates the Free and Equal Elections Clause in the Pennsylvania Constitution. The RNC appealed, and the parties are now waiting on a decision.
Eakin v. Adams County Board of Elections, No. 1:22-cv-00340 (Pa.)
Issue: Pennsylvania law requires mail-in ballots to be dated in order to be counted.
RNC’s Role: Intervenor-Defendant
Status: The court of appeals affirmed the district court’s injunction of Pennsylvania’s mail-in ballot requirement, holding that it failed to satisfy a judicial balancing test. The RNC has petitioned the Third Circuit for en banc review.
South Carolina
Public Interest Legal Foundation v. Knapp, No. 3:24-cv-1276-JFA (4th Cir.)
Issue: South Carolina refused to turn over the requested information about voter rolls under the NVRA because PILF was not a citizen of South Carolina.
RNC’s Role: Amicus
Status: The district court held that South Carolina was required to turn over the requested information because the NVRA’s open records provisions are not just limited to citizens of a specific state. South Carolina appealed, and the RNC filed an amicus brief in support of PILF.
Texas
La Union del Pueblo Entero v. Abbott (5th Cir.)
Issue: Texas enacted SB1, which—among other things—increases protections for voters needing assistance, reinforces voter identification requirements, and prohibits vote harvesting.
RNC’s Role: Intervenor-Defendant
Status: The Fifth Circuit Court of Appeals upheld Texas’s protections for voters needing assistance as well as Texas’s requirement that the return envelope of a mail-in ballot match the voter’s identification number. The parties have started briefing another appeal regarding voter assistance under the Americans with Disabilities Act.
Vermont
Morin v. Burlington, No.24-CV-02403 (Vt.)
Issue: The City of Burlington permits noncitizens to vote in local elections, including school board elections.
RNC’s Role: Plaintiff (through individually named plaintiffs)
Status: The RNC brought a similar lawsuit several years ago, but the Vermont Supreme Court determined that the Vermont Constitution does not prohibit all noncitizen voting in local elections but rather prohibits noncitizen voting in local elections that concern “statewide issues” as opposed to “municipal issues.” The present lawsuit builds on this decision, challenging the ability of noncitizens to vote in school board elections. The parties are waiting on a decision from the Vermont Supreme Court.
Wisconsin
Kormanik v. Wisconsin Elections Commission, No. 2022CV001395 (Wisc. Ct. App.)
Issue: Wisconsin law provides for the spoiling of ballots in limited circumstances, but the Wisconsin Elections Commission ordered clerks to destroy unspoiled ballots and give the voter a new ballot for any reason.
RNC’s Role: Intervenor-Defendant
Status: The lower court determined that the Commission’s interpretation violated state law. The DNC appealed, and the RNC recently filed a response brief.
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If you have any questions or comments, please reach out to me at hegop@nbc.net or heidi@sdgop.com.
Heidi Engelhart, Republican National Committeewoman, South Dakota