The U.S. Justice Department has demanded states' complete, unredacted vote registration lists. States have mostly declined to provide their full, unredacted voter registration lists. This report examines the questions raised by the federal government's demands about the long-established authority of states to administer elections and the scope of the federal government’s role in the voter registration process.
Federal laws and institutions have long played a central role in addressing public corruption. This report considers the potential for states to play a more central role in addressing public corruption. To date, the vast majority of state public corruption prosecutions have involved misconduct by state or local officials. But beyond addressing public corruption at the state and local levels, state law also provides an underexplored pathway for deterring and punishing corrupt conduct at the federal level.
This Report describes the recently enacted mask ban in California and the proposed laws in other states. Under existing precedent, mask bans are neither clearly prohibited nor clearly permissible. This Report also provides an overview of other options states may have to address masking by federal law enforcement.
Victims of unconstitutional federal actions often have difficulty recovering money damages for their injuries. This Report discusses a potential remedial pathway that is beginning to garner interest among policymakers and litigants: state-created causes of action authorizing people to sue federal officials for damages.
This report explores when states can or cannot pursue prosecutions against federal officials and what that has looked like in practice. This practice stretches back to at least the early 1800s, but it comes with a mixed track record. This report explores when states can or cannot pursue prosecutions against federal officials and what that has looked like in practice.
Following the 2024 election, we updated our survey of election-related lawsuits to help understand the role of litigation in our elections. This update underscores key themes from our survey of litigation from 2018 to 2022: litigants continue to file election suits at high rates, primarily in state courts, and most often presenting claims related to election administration and the mechanics of voting.
Ahead of Election Day 2024, courts—and especially state courts—continue to be inundated with election-related lawsuits. As in 2020, courts may see a deluge of post-election litigation as well. A recurring question in these pre- and post-election cases is whether the plaintiffs waited too long to sue. Under the longstanding equitable doctrine of “laches,” courts sometimes reject claims as untimely even when plaintiffs satisfy the applicable statute of limitations if, in fairness, the claims should have been brought sooner. This Research Note offers a 50-state survey of laches doctrine in the election context.
Wisconsin’s Joint Committee on Finance (JCF) has a range of statutorily conferred powers, including powers to veto executive-branch actions. Litigants are challenging the constitutionality of several of those veto powers in a pending Wisconsin Supreme Court case. This Research Note and accompanying table document the history of JCF’s veto powers, identifying their origin and evolution over time.
Every 10 years, following the federal census, states are required to redraw their congressional and legislative district maps. In the majority of states, the duty to redistrict rests with the state legislature. Because line-drawing decisions can have significant electoral consequences, the redistricting process is often highly contentious. An especially prominent concern is with partisan gerrymandering—that is, the adoption of maps that unduly advantage one political party over another. This report assesses the rise of state court litigation as one important tool for curbing partisan gerrymandering and provides a state-by-state analysis of the viability of state partisan gerrymandering claims.
This Report surveys and classifies the standards that state courts around the country use to adjudicate state constitutional challenges to restrictive voting laws. This survey found that a majority of states apply a standard more rigorous than federal Anderson-Burdick review.