In the voter disenfranchisement case before the Mercer County Superior Court, numerous Mercer County voters have alleged significant voting rights violations during the November 2022 General Election. The plaintiffs contend that their rights were infringed when the Mercer County Board of Elections and associated officials implemented policies that forced qualified voters to use provisional ballots after voting machines malfunctioned. They further allege improper ballot adjudication, rejection of valid votes, and breaches in ballot chain-of-custody procedures. Plaintiffs also assert violations of their statutory rights, such as the prevention of duly-appointed challengers from observing ballot counting and failures in conducting mandated logic and accuracy testing on voting machines.
Throughout the litigation, plaintiffs argued that defendants' discovery demands were excessive and intrusive, potentially violating privacy and First Amendment rights. The defendants, in response, argued that plaintiffs had inadequately addressed their discovery requests.
On July 18, 2025,after negotiations, the court issued an order setting specific guidelines for depositions and discovery. Depositions are set to begin the week of August 18, 2025, with plaintiffs first deposing the defendants. Importantly, in the most recent order issued on August 15, 2025, Judge William Anklowitz reaffirmed and compelled that these depositions must commence as scheduled, with plaintiffs’ counsel reissuing formal notices and choosing the order in which defendants appear. The dates and order for Defendants' depositions are as follows:
- 8/21: Martin Jennings 2pm, Chuck Farina 10am
- 8/22: Jill Moyer 10am
- 8/26: Walker Worthy 10am
- 8/26: Mary Corrigan 2pm
- 8/27: Nathaniel 10am
The court also required plaintiffs to respond in writing to the defendants' first set of interrogatories by August 4, 2025. In a win for the Plaintiffs, the scope of electronically stored information (ESI) and other communications was narrowed to include only those directly related to plaintiffs’ personal voting experiences in the 2022, 2023, and 2024 General Elections. Communications unrelated to these elections or purely political expression are excluded from production. Plaintiffs must also provide certifications confirming their thorough search and production of relevant materials.
The discovery deadline has been extended by thirty days, moving from September 4 to October 4, 2025. The judge’s supplemental opinion also clarified that attorney’s fees were not awarded, despite earlier disputes over competing proposed orders.
This latest order reflects the court’s determination to move the case forward, ensuring that depositions begin without further delay.
