Our Work

In recent years, litigation has routinely accompanied elections. To better understand developments in election litigation, we recently completed a survey of election-related lawsuits filed in state and federal courts in 2018, 2020, and 2022.

In 2022, voters in 38 states weighed in on 140 statewide ballot measures.

This year, our research shows a significant uptick of those lawsuits occurring in the state court system and challenging every step of the election process — from whether candidates or ballot initiatives qualify to appear on the ballot, to what address information must be completed in order to accept mailed ballots. It also extends to specific procedures for county clerks or poll watchers as voting occurs.

When it comes to current efforts to strip or distort the people’s ability to choose their government, state courts have both the authority and the duty to act.