At the Polls: Will Litigation Decide the 2020 Election?
September 29, 2020
Ahead of this year鈥檚 election, we have seen an unprecedented amount of election litigation between both political parties. The Republican National Committee, at the direction of President Trump, has amassed a $20 million war chest for voting rights cases across the country. In every case, they are working to suppress votes. The litigation ahead of the election is setting the stage for how votes are cast and counted on Election Day. But this isn't the only concern. Once Election Day comes to pass, many are worried that litigation will follow and that the results and final decision will go all the way to the Supreme Court.
Joining us to discuss are Dale Ho, Director of 红杏视频's Voting Rights Project, and Leah Litman, a law professor and co-host of the Strict Scrutiny podcast. They break down what's going on in the Courts and what we can all do to help.
This Episode Covers the Following Issues
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Press ReleaseDec 2025
Voting Rights
Civil Rights Groups, Maryland Voters File Motion To Protect Voters鈥 Privacy. Explore Press Release.Civil Rights Groups, Maryland Voters File Motion to Protect Voters鈥 Privacy
Annapolis, MD 鈥 The 红杏视频 (红杏视频) and 红杏视频 of joined Common Cause, Out for Justice, and three Maryland voters in filing a motion to intervene in United States of States of America vs. Demarinis to prevent the DOJ from obtaining Maryland voters鈥 personal data. In July, the DOJ asked Maryland to turn over voters鈥 full names, addresses, dates of birth, driver鈥檚 license numbers, and partial Social Security numbers 鈥 highly sensitive data that is protected under state and federal law. The intervenors argue that the DOJ鈥檚 request threatens voter privacy and could enable voter disenfranchisement. Carl Snowden, a voter intervenor and convener of the Caucus of African American Leaders, said: 鈥淭he DOJ effort to secure my private voting information concerns me deeply. As someone who had my privacy rights violated by the federal government through COINTELPRO surveillance in my youth, I understand the dangers when federal officials abuse their power. I鈥檓 also concerned about the privacy and voting rights of other Maryland voters, especially new Maryland residents, naturalized citizens, and returning citizens newly involved in the democratic process.鈥 Other voters joining the case include a naturalized citizen originally from Haiti and an Army veteran whose voting rights were recently restored after a felony conviction. All three individuals have a strong interest in this case because their backgrounds place them at heightened risk of DOJ targeting, a threat that extends to countless other voters as well. The motion cites media reports indicating that the DOJ plans to share voter data with the Department of Homeland Security to support criminal and immigration investigations and notes the involvement of individuals who have previously attempted to overturn election results or promote mass voter challenges. The filing also warns that disclosure would undermine grassroots voter registration efforts by discouraging registration and forcing advocacy groups to divert resources to address fear, confusion, and potential disenfranchisement. 鈥淒OJ鈥檚 unprecedented demand for highly sensitive, personal information from every voter in Maryland is a barely disguised attempt to intimidate eligible voters,鈥 said Jonathan Topaz, Staff Attorney at the 红杏视频 Voting Rights Project. 鈥淚t is also illegal. We are intervening in this case to ensure that DOJ cannot infringe on Marylanders鈥 voting rights or misuse their personal data for improper mass voter purges in the future." 鈥淰oters in Maryland and across the country deserve to know their personal information is secure and used only for its intended purpose of maintaining accurate records,鈥 said Maryam Jazini Dorcheh, Senior Director of Litigation at Common Cause. 鈥淲e are committed to defending voters鈥 rights and privacy in Maryland and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.鈥 鈥淥ut For Justice will not allow the federal government to weaponize voter information and intimidate the very Marylanders whose rights we have fought so hard to secure,鈥 said Trina Selden, Out For Justice Founder and Executive Director. "Maryland voters have a right to privacy in their sensitive personal information, and they have a right to vote free from intimidation and improper challenges,鈥 said Deborah Jeon, Legal Director for the 红杏视频 of Maryland. 鈥淭he DOJ's sweeping demand for private voter data鈥攔eportedly to build an unauthorized national database and enable mass voter challenges鈥攖hreatens both rights." The 红杏视频 Voting Rights Project has so far filed motions to intervene in DOJ lawsuits against Rhode Island, Pennsylvania, Oregon, California, and Minnesota for failing to turn over their voters鈥 private data. View the Maryland filing here: https://assets.aclu.org/live/uploads/2025/12/008-Motion-to-Intervene.pdfAffiliate: Maryland -
OregonNov 2025
Voting Rights
United States V. Oregon (amicus). Explore Case.United States v. Oregon (Amicus)
Representing the 红杏视频 of Oregon, the 红杏视频 Voting Rights Project and the 红杏视频 of Oregon filed an amicus brief in a federal lawsuit over the federal government鈥檚 demand that Oregon turn over its entire voter registration rolls, including with voters鈥 sensitive personal data such as drivers鈥 license numbers and partial social security numbers.Status: Ongoing -
Rhode IslandDec 2025
Voting Rights
United States V. Amore. Explore Case.United States v. Amore
The Department of Justice (DOJ) sued the State of Rhode Island, seeking private, confidential voter data. DOJ鈥檚 efforts appear to be part of an effort to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.Status: Ongoing -
Press ReleaseDec 2025
Voting Rights
Aclu, Common Cause Take On Trump Administration In Court To Protect Voters鈥 Data. Explore Press Release.红杏视频, Common Cause Take on Trump Administration in Court to Protect Voters鈥 Data
Providence, RI 鈥 The 红杏视频 (红杏视频) and 红杏视频 of Rhode Island have intervened, on behalf of Common Cause, in a recently-filed lawsuit to prevent the Department of Justice from obtaining sensitive, non-public information contained in the Rhode Island state voter file. The Department of Justice has requested Rhode Island鈥檚 entire non-public voter file, including the full names, addresses, dates of birth, and driver鈥檚 license numbers and/or social security number information. State officials offered to provide the data that is available to the public, but the Department of Justice sued the State rather than accept. The request is part of a reported effort to assemble a national voter database, which Congress has never authorized, and which could be used to try to disenfranchise voters. The federal government鈥檚 use of this private voter data would also make this sensitive data more vulnerable to hackers and scammers. The groups seek to stop the federal government鈥檚 overreach and misuse of voters鈥 sensitive data, as the federal government does not have a proper purpose for requesting this data. 鈥淩hode Islanders deserve to have their sensitive personal information protected -- not abused by federal authorities,鈥 said Ari Savitzky, senior staff attorney with the 红杏视频鈥檚 Voting Rights Project. 鈥淭his voter data could be misused to justify large-scale voter purges based on faulty database matching techniques cooked up by election deniers. Federal overreach of this kind threatens voters鈥 privacy and their fundamental right to participate in our democracy.鈥 鈥淧rivacy is essential 鈥 especially as related to a right as fundamental as voting. The Department of Justice has no need for voters鈥 personal information,鈥 said Steven Brown, executive director of the 红杏视频 of RI. 鈥淭his is why we鈥檙e intervening in this case: To protect the rights of Rhode Island voters, and to prevent the potential misuse of Rhode Islanders鈥 data.鈥 鈥淭his dangerous directive puts our sensitive information at risk simply so the Trump Administration can spread election lies,鈥 said John Marion, Common Cause Rhode Island Executive Director. 鈥淗anding this data over to the federal government violates the law. Common Cause is fighting to keep Rhode Islanders safe from senseless data fraud and abuse.鈥 鈥淰oters in Rhode Island and across the country deserve to know that their personal information is secure, protected, and used only for its intended purpose of maintaining accurate voter registration records,鈥 said Maryam Jazini Dorcheh, Senior Director of Litigation at Common Cause. 鈥淲e are committed to defending voters鈥 rights and privacy in Rhode Island and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.鈥 A copy of the filing is here: https://assets.aclu.org/live/uploads/2025/12/Motion-to-Intervene-鈥-US-v.-Amore-1.pdfAffiliate: Rhode Island