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.

While the 2020 election brought about a change in control of the White House and U.S. Senate, it also shifted the balance of power on the Michigan Supreme Court. That year, Chief Justice Bridget Mary McCormack was re-elected to the Court and Justice Elizabeth Welch was elected, creating a 4-3 majority of Justices who had been nominated by the Democratic Party. The Court’s 2021-2022 term was its first full term after this power shift. The result was a series of closely divided decisions that recognized new rights and protections grounded primarily in the state constitution and state law.

In a case involving the Michigan state legislature's "adopt and amend" tactic to thwart two citizen-proposed initiated statutes in 2018, the State Democracy Research Initiative filed an amicus brief arguing that the tactic contravenes the Michigan Constitution’s core commitment to democracy. On July 21, 2024, the Michigan Supreme Court held that "adopt and amend" violated the constitution by depriving citizens the opportunity to meaningful exercise their initiative powers.

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.