the Constitution does not confer standing on a private citizen.[1] Lance, 549 U.S. at 442; Bognet, 2020 WL 6686120, at *6 (“[P]rivate plaintiffs lack standing to sue for alleged injuries attributable to a state government’s violations of the Elections Clause…. Their relief would have no more directly benefitted them than the public at large.”); Dillard, 495 F.3d at 1332–33.
- ii. Equal Protection
For his equal protection claim, Wood relies on a theory of vote dilution, i.e., because Defendants allegedly did not follow the correct processes, invalid absentee votes may have been cast and tabulated, thereby diluting Wood’s in-person vote. But the same prohibition against generalized grievances applies to equal protection claims. United States v. Hays, 515 U.S. 737, 743 (1995) (“The rule against generalized grievances applies with as much force in the equal protection context as in any other.”) Wood does not differentiate his alleged injury from any
- ↑ Although separate constitutional provisions, the Electors Clause and Elections Clause share “considerably similarity” and may be interpreted in the same manner. Ariz. State Leg. v. Ariz. Indep. Redistricting Comm’n, 576 U.S. 787, 839 (2015) (Roberts, C.J., dissenting). See also Bognet v. Sec’y Commonwealth of Pa., No. 20-3214, 2020 WL 6686120, at *7 (3d Cir. Nov. 13, 2020) (applying same test for standing under both Elections Clause and Electors Clause); Donald J. Trump for President, Inc. v. Bullock, No. CV 20-66-H-DLC, 2020 WL 5810556, at *11 (D. Mont. Sept. 30, 2020) (“As an initial matter, the Court finds no need to distinguish between the term ‘Legislature’ as it is used in the Elections Clause as opposed to the Electors Clause.”).
