State of California

California Orange County Voter’s Choice Act Challenge

Morgan v. Wagner

Lawsuit filed by three Orange County residents and former candidates for office against several Orange County officials, California Gov. Gavin Newsom (D) and California Secretary of State Shirley Weber (D) challenging the California Voter’s Choice Act (CVCA). The CVCA allows counties in California to expand their options for in-person and mail-in voting, including the use of vote centers — locations across a county where voters can cast a ballot in lieu of their designated polling place. CVCA requires these vote centers use electronic pollbooks to maintain a voter registration database for all registered voters in the county. The plaintiffs allege that these electronic pollbooks cannot exist without using the internet. They argue that this law violates the state’s election code, which prohibits any part of a voting system from requiring internet or wireless communication. The plaintiffs ask the court to strike down the CVCA and prevent Orange County and state officials from enforcing it. 

The plaintiffs in this lawsuit are represented by the Lex Rex Institute, an organization with ties to John Eastman, the main architect of a flawed legal theory to overturn the 2020 presidential election.

STATUS: The plaintiffs filed their complaint on March 7, 2024. California has not responded yet.

Case Documents

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