Key Court Cases on Counting Electoral College Votes

In connection with the objections and arguments being made today in the congressional joint session surrounding the counting of the votes of the presidential electors, Election Law at Ohio State has summarized the key court cases that have previously considered similar claims. This summary can be found on the Ohio State website, here.

The purpose of this summary is not to be comprehensive, but to capture the most relevant judicial proceedings. Since the November 3, 2020 presidential election, approximately sixty distinct cases concerning the conduct of that election have been adjudicated. Some of these cases were dismissed for procedural defects, but a number of them resulted in judicial opinions evaluating the merits of the claims. The Ohio State summary contains brief excerpts of these key decisions that did address the underlying claims, in an effort to collect in one place a helpful digest of how the federal and state courts of this country have addressed these issues, some of which are being discussed in Congress again today. The summary also includes links to the case pages of each of these key judicial cases in the Ohio State election law database, where the full opinions (as well as the entire dockets) of each of these cases can be found.

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