Skip to main content

Our Work

The State Democracy Research Initiative works to produce high-quality research and share its findings and insights with the public, press, advocates, scholars, and judges. This work takes a variety of forms, from timely commentary to comprehensive overviews of all 50 states to forward-looking legal analysis.

Interactive Sites

All Resources and Publications

In the Media

Flathead Beacon: Ballot Measure Would Add Constitutional Protections for Montana’s Ballot Initiative Process

Derek Clinger 10.12.26

"Supporters say CI-133 would protect the initiative and referendum process from “unjustified interference by the government,” after legislators passed a slew of bills tightening ballot initiative rules. Backers argue that strategy weakens “voters’ ability to propose and vote on laws themselves.”"

Commentary

The Conversation: What the law says about armed officers at polling places

After high-level Trump administration officials said they might send armed officers to the polls during the upcoming midterm elections, and after months of administration efforts to wrest control of some aspects of voting from state officials and limit how people vote, there’s a lot of fear that armed federal officials will disrupt voting and even seize ballots. A number of civil rights and voter advocacy groups and labor unions have filed lawsuits against the Trump administration to bar any such presence, with one suit claiming that “threatening messaging and violent enforcement actions” by administration officials “have created a climate in which voters, especially voters of color, are intimidated and fearful of engaging in the democratic process.”

Commentary

State Court Report: California Supreme Court Finds Sheriff’s Seizure of 650,000 Ballots Unlawful

Derek Clinger 10.05.26

Last month, the California Supreme Court rebuked a local sheriff’s unprecedented seizure of roughly 650,000 ballots cast in the state’s November 2025 special election. The decisions, Bonta v. Bianco and Cervantes v. Bianco, both held that the sheriff had to follow the state attorney general’s directions to pause his investigation and that the seizure violated the state’s laws for securely handling and storing cast ballots. The court also ordered the ballots returned to local election officials.

Amicus Briefs

United States v. Virginia

10.02.26

On October 2, the State Democracy Research Initiative’s faculty co-directors, Miriam Seifter and Rob Yablon, filed an amicus brief with 6 other legal scholars in United States v. Commonwealth of Virginia, a case before the U.S. Court of Appeals for the Fourth Circuit. The appeal concerns whether the Supremacy Clause of the U.S. Constitution bars a Virginia statute that directs state and local law enforcement agencies to terminate, or renegotiate, their voluntary 287(g) agreements with federal immigration authorities. In the proceedings below, the district court concluded that Virginia’s law “regulated” the United States, in violation of the judge-made doctrine of “intergovernmental immunity.”

Explainers

Wisconsin's Proposed Constitutional Amendment on Race- or Sex-Based Discrimination or Preferential Treatment

In the upcoming November 2026 election, Wisconsin voters will be asked to vote on whether the Wisconsin Constitution should be amended to add a section to the Wisconsin Declaration of Rights, prohibiting the government from operating programs that discriminate against or give preference to individuals on the basis of race, sex, ethnicity, or national origin. The authors of the proposed amendment describe it as restricting diversity, equity, inclusion (DEI) programs.

Explainers

Wisconsin's Proposed Constitutional Amendment on Emergency Closures of Places of Worship

In the upcoming November 2026 election, Wisconsin voters will be asked whether to amend Article I, Section 18, of the Wisconsin Constitution, which protects religious freedom and bars religious preferences. The proposed amendment would expressly prohibit the government from closing or forbidding gatherings in places of worship in response to an emergency. Legislators were motivated to introduce this amendment in response to restrictions placed on churches and other places of worship during the COVID-19 pandemic.  

Explainers

Wisconsin's Proposed Constitutional Amendment on Partial Gubernatorial Vetoes

In the upcoming November 2026 election, Wisconsin voters will be asked whether to amend Article V, Section 10(1)(c), of the Wisconsin Constitution to ban the governor's use of the partial veto power to increase or allow the increase of taxes or fees. Legislators introduced the partial veto amendment in response to Governor Tony Evers’s “400-year veto,” which struck words, digits, and dashes to allow localities to raise increased school funding through the 2425 school year, instead of just through 2025. 

Reports

November 2026 Proposed Wisconsin Constitutional Amendments

In the upcoming November 2026 election, Wisconsin voters will be asked to vote on three proposed amendments to the Wisconsin Constitution. These amendments will be on the ballot alongside a contentious race for governor, state legislative races that will determine control of the state legislature, and at least one closely watched federal House race that may decide which party controls the House after the midterms, among others. In a series of explainers, we describe the proposed amendments, their backgrounds, the national context, the arguments for and against the amendments, and the likely impacts.

In the Media

The Badger Project: “Joe Biden won.” – Rep. Tiffany tried to overturn the 2020 election. What could a Gov. Tiffany do in 2028?

Bryna Godar 10.01.26

"U.S. Rep. Tom Tiffany tried to help overturn the results of the 2020 election for Donald Trump. Now the Republican is running for governor, a role in which he would be the executive of the entire state of Wisconsin. If elected, experts say he has a duty to perform regarding the state’s votes in the 2028 presidential election."

In the Media

WPR: In Wisconsin elections, write-ins are frequently wrong

Bryna Godar 09.29.26

"According to Godar, write-in campaigns are extra challenging, because a person doesn’t just have to earn a checked box on a ballot. Their voters also need to remember them well enough to write out their names. Still, the process offers an option to candidates who don’t clear other hurdles, like party primaries or even circulating nomination papers."

Get in touch with our team about our research and work.

Connect