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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.

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In the Media

Bolts: To Protect Direct Democracy, Two States Mull a New Approach: Name It As a Right

Derek Clinger 09.18.26

"Ballot measures in Missouri and Montana would strengthen citizen-led initiatives. Democracy advocates in each state are going on the offense after facing years of attack."

Reports

Can States Stop the Administration’s Deployment of Troops or ICE to the Polls?

The Trump Administration has repeatedly suggested that it could try to deploy ICE, the FBI, or troops to voting sites during upcoming federal elections, even though federal law criminally prohibits sending armed agents to the polls. Even if the federal government declines to enforce those laws, this Report highlights some ways for states to potentially halt any federal deployment in real-time: specifically, suits for injunctive relief under the Administrative Procedure Act, and/or an ultra vires or non-statutory suit. The Report walks through the various components of a potential lawsuit, explaining how states may rely on federal courts’ broad authority to halt illegal government action through their equitable powers, even if the only directly applicable federal statutes are criminal prohibitions.

In the Media

Milwaukee Journal Sentinel: What to know about 2 Wisconsin congressional redistricting cases

Rob Yablon 09.16.26

"Two separate but similar efforts to throw out Wisconsin's congressional maps will face their next test Wednesday in front of the state Supreme Court.

The state's high court, now led by a 5-2 liberal majority with the addition of Justice Chris Taylor last month, will hear arguments in two cases: Bothfeld v. Wisconsin Elections Commission and Wisconsin Business Leaders for Democracy v. Wisconsin Elections Commission."

In the Media

CBS58: Wisconsin Supreme Court to weigh challenges to congressional maps

09.16.26

"Are Wisconsin’s U.S. congressional maps too gerrymandered, and does that make them unconstitutional? Two cases in front of the Wisconsin Supreme Court are claiming that they are, and it’s up to the court to decide.Those challenging the maps say they are a violation of the Constitution, while those defending the maps believe that isn’t the case." (References SDRI Research).

In the Media

WPR: After SCOTUS rejects voting changes, feds still eyeing Wisconsin elections

Rob Yablon 09.15.26

"The U.S. Supreme Court on Monday rejected an attempt by President Donald Trump to rework absentee mail-in voting requirements, an effort that Wisconsin elections officials warned would have been unworkable just weeks out from the midterm elections."

In the Media

Washington Post: An unusual flurry of court cases creates confusion ahead of midterms

Rob Yablon 09.14.26

"When the Supreme Court recently resolved an election dispute in Missouri that featured dueling court orders and sanctions against state officials, it highlighted the ongoing flurry of litigation that threatens to engulf the midterm elections in confusion and unpredictability."

Commentary

Wisconsin Lawyer: Wisconsin Supreme Court: 2025–26 Term Review and 2026–27 Preview

Bryna Godar 09.10.26

The Wisconsin Supreme Court's 2025–26 term unfolded largely outside the political spotlight. However, the 2026–27 term may not be as quiet, with two redistricting challenges to the state's congressional maps and a case that could revisit the court's approach to statutory interpretation.

In the Media

The Salt Lake Tribune: Trump’s DOJ is investigating Utah’s election chief for refusing to hand over voter data, it says in letter

09.09.26

"The Justice Department is investigating Utah’s top election official for refusing to hand over the state’s entire, unredacted voter database, it informed her in a letter dated Friday and obtained by The Salt Lake Tribune." (References SDRI Research).

Commentary

Just Security: Governors and State Administration

Last month, New York Governor Kathy Hochul stood alongside New York Attorney General Letitia James and New York City Mayor Zohran Mamdani at a press conference in Manhattan. The purpose: to announce $7.25 million in new legal aid for unaccompanied immigrant children and to reaffirm a state law barring local police from formal cooperation agreements with U.S. Immigration and Customs Enforcement (ICE). The event was an illustration of a broader pattern in modern American federalism: a governor using her office’s visibility, funding authority, and legal tools to push back against perceived federal overreach or abuses of power.

In the Media

Bloomberg Law: Missouri Supreme Court Mulls Contempt in Redistricting Fight

Derek Clinger 09.09.26

"The Missouri Supreme Court will hear arguments Thursday about whether the secretary of state should be held in contempt for his role in defying a court order and advancing a congressional map that would favor Republicans."

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