Lawsuit by Two Disenfranchised Voters in Luzerne County, Pennsylvania
The Center for Election Confidence (CEC) backed a lawsuit in federal court on behalf of two voters whose constitutional right to vote was violated by the County of Luzerne, Pennsylvania, its Board of Elections and Registration, and its Bureau of Elections on Election Day 2022. Plaintiffs William French and Melynda Anne Reese also alleged that their First and Fourteenth Amendment rights were violated.
In October 2024, Luzerne County settled the lawsuit.
Mr. French and Ms. Reese attempted to vote at their assigned polling places on Election Day but were turned away due to a catastrophic paper shortage caused by Defendants’ noncompliance with the clear requirements of the Pennsylvania Election Code for the minimum number of paper ballots each polling place must have. Mr. French, a disabled Army veteran, and Ms. Reese, a caregiver to her dependent husband, both tried multiple times to vote on Election Day but could not vote due to Luzerne County’s failures.
Mr. French and Ms. Reese’s lawsuit was profiled in The Federalist. Counsel Wally Zimolong summarized the goal of the case:
It’s not symbolic at all. We are asking a judge for a mandatory injunction which would compel the county going forward to make sure they do not deny the right to vote to any person to make sure they comply with the Pennsylvania Election Code and the administration to make sure that there is election officials are adequately trained.
Case Documents
Settlement
Notice of Dismissal (October 15, 2024)
—Settlement Agreement (October 15, 2024)
Luzerne County’s Reply to Zimolong Letter (August 22, 2024)
Zimolong Letter to the Court re: Settlement Talks (August 21, 2024)
Summary Judgment
Plaintiffs’ Reply to Defendants’ Response in Opposition to Motion for Summary Judgment (June 1, 2024)
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment (May 20, 2024)
Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment (May 20, 2024)
Defendants’ Answer to Plaintiffs’ Statement of Facts (May 20, 2024)
Plaintiffs’ Brief in Support of Motion for Summary Judgment (April 29, 2024)
Plaintiffs’ Answer to Defendants’ Statement of Facts (April 29, 2024)
Defendants’ Brief in Support of Motion for Summary Judgment (April 29, 2024)
Plaintiffs’ Motion for Summary Judgment (April 15, 2024)
—Plaintiffs’ Statement of Facts in Support of Motion for Summary Judgment
Defendants’ Motion for Summary Judgment (April 15, 2024)
—Defendants’ Statement of Undisputed Facts
—Defendants’ Appendix to Motion for Summary Judgment
Motion to Dismiss
Memorandum [on Motion to Dismiss] (December 4, 2023)
Defendants’ Reply Brief to Plaintiffs’ Brief in Opposition to Motion to Dismiss (June 27, 2023)
Defendants’ Brief in Support of Motion to Dismiss (May 16, 2023)
Complaint
Defendants’ Answer to Complaint (December 18, 2023)
Complaint (March 28,2023)
Other
Article: How This Lawsuit By Two Pennsylvania Voters Could Affect the 2024 Election (September 16, 2024)
Press Release: Federal Court Rules in Favor of Disenfranchised Voters in Luzerne County, Pennsylvania (December 5, 2023)
News Post: CEC-Backed Lawsuit Featured by The Federalist (April 18, 2023)
Article: Voter Suppression Is Real And It’s Not What You Were Told, The Federalist (March 29, 2023) (CEC was called Lawyers Democracy Fund at the time of this article.)
Last Updated: October 15, 2024