Resource: Donald J. Trump for Pres., Inc. v. Boockvar

By: COVID-Related Election Litigation Tracker

October 22, 2020

Stanford-MIT Healthy Elections Project

The Trump Campaign, four Republican members of Congress, the RNC, and two PA residents sued the PA Secretary of State, and the County Election Boards of all 67 PA counties. The general theme of the complaint is that mail-in-voting is the “single greatest threat to free and fair elections.” The specific legal claim(s) are that PA’s vote-by-mail election process violates: (1) the First Amendment to the U.S. Constitution; (2) The Equal Protection Clause of the U.S. Constitution; (3) the Fourteenth Amendment to the U.S. Constitution; (4) PA Constitution’s Free and Equal Elections Clause; (5) PA Constitution’s Equal Protection Guarantees; and (6) the PA Election Code. Plaintiffs seek an order: (1) that prohibits Defendants from permitting the return of mail-in ballots to locations other than the respective office of the county boards of elections. Or, to instruct Defendants to publish uniform state-wide guidance on mail-in ballot drop boxes, subject to the same notice and determination requirements that Pennsylvania law currently provides for polling places; (2) that bars County Election Boards from counting mail-in ballots that lack an "Official Election Ballot" secrecy envelope; and (3) that permits poll watchers, regardless of their county of residence, to be present in all locations where votes are cast, including without limitation where mail-in ballots are being returned before and on Election Day and at any pre-canvass meetings.