492 F.Supp.3d 354
D.N.J.2020Background
- New Jersey enacted A4475 for the November 2020 general election: the state mailed ballots to all active registered voters and allowed election officials to open inner envelopes and canvass mail‑in ballots beginning 10 days before Election Day.
- A4475 treats ballots as valid if postmarked on or before Election Day and received by Nov 10, 2020; it also allows canvassing of ballots lacking a postmark if the Postal Service confirms receipt by Election Day or if the ballot is received by county boards within 48 hours after polls close.
- State law forbids disclosure of canvass results before polls close, forbids running final tabulation reports before polls close, provides criminal sanctions for early disclosure, and requires certification and reporting deadlines tied to federal elector deadlines.
- Plaintiffs (Donald J. Trump for President, Inc., RNC, NJ Republican State Committee) sought a preliminary injunction to enjoin (1) canvassing before Election Day and (2) canvassing ballots lacking postmarks that arrive within 48 hours after polls close, arguing federal uniform Election Day statutes preempt A4475.
- The Secretary of State and intervenors opposed; the district court denied the preliminary injunction, finding plaintiffs unlikely to succeed on the merits and failing the other preliminary‑injunction factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state law allowing canvassing of mail‑in ballots up to 10 days before Election Day is preempted by federal uniform Election Day statutes | Federal Election Day statutes forbid any state activity that would consummate the election before the uniform day; canvassing before Election Day risks early consummation | States retain authority over election mechanics absent direct conflict; canvassing is not a final selection and NJ prohibits reporting results before polls close | Denied. Early canvassing does not consummate the election; state safeguards and criminal penalties minimize risk of premature disclosure, so no preemption established |
| Whether allowing canvass of ballots lacking postmarks if received within 48 hours after polls close is preempted because it may count ballots cast after Election Day | Counting ballots without postmarks that arrive after Election Day permits counting votes cast after the uniform Election Day, violating federal law | A4475 does not permit counting ballots cast after Election Day; it prescribes a state method to determine timeliness where postmarks may be missing and risk of untimely counting is remote | Denied. Federal statutes are silent about methods for determining timeliness; New Jerseys method is reasonable and poses only a remote risk of canvassing untimely ballots |
| Standing to seek injunction (threshold jurisdictional issue) | Plaintiffs claim organizational and associational standing based on diverted resources and injury to members | Defendants contend alleged injuries are generalized or speculative and do not confer standing | Court deferred definitive standing ruling because plaintiffs failed to meet preliminary injunction standards; decision reached on merits factors without resolving standing |
| Preliminary injunction factors: irreparable harm, balance of harms, public interest | Plaintiffs claim voter confusion, dilution, and undermined confidence amount to irreparable harm justifying injunction | Defendants emphasize logistical disruption, inability to count large mail volumes on time, public‑health risks, and evils of changing rules on eve of election | Denied. Plaintiffs did not show imminent irreparable harm; balance of harms and public interest favor defendants and against last‑minute alteration of election procedures |
Key Cases Cited
- Foster v. Love, 522 U.S. 67 (1997) (an election may not be consummated before federal election day; federal law sets uniform election day)
- Smiley v. Holm, 285 U.S. 355 (1932) (states have broad authority to provide a complete code for congressional elections absent congressional preemption)
- United States v. Classic, 313 U.S. 299 (1941) (states have wide discretion in formulating election systems)
- Bomer v. [unnamed party], 199 F.3d 773 (5th Cir. 1999) (early tallying permitted when results are not released before election day)
- Millsaps v. Thompson, 259 F.3d 535 (6th Cir. 2001) (upholding early voting practices so long as election not consummated before election day)
- Keisling v. [unnamed party], 259 F.3d 1169 (9th Cir. 2001) (similar treatment of absentee and early voting in light of federal statutes)
- Wisconsin Public Intervenor v. Mortier, 501 U.S. 597 (1991) (Supremacy Clause preemption principle)
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (federal courts should be cautious about changing election rules on the eve of an election)