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State courts are encountering a new type of “vote dilution” claim, which asserts that certain election rules or practices are unconstitutional because they increase the hypothetical risk that fraudulent votes which will be cast, which would dilute the weight of “legal” ballots. These hypothetical vote dilution claims increasingly invoke state constitutional rights. With sparse, unsettled, and often conflicting precedent on these types of claims, state courts may understandably find these claims difficult to adjudicate, especially in the highly charged election space. This Report offers state courts context on these claims and analytical frameworks with which to evaluate them under state constitutions.

"Bridget Lavender, a lawyer who has researched mask bans for the University of Wisconsin Law School’s State Democracy Research Initiative, said that most case law tied to the supremacy doctrine was old and largely dated."

"Bridget Lavender — a staff attorney with the University of Wisconsin-Madison Law School’s State Democracy Research Initiative who has been tracking such legislation nationwide — said state and local governments still have a legal avenue to enact unmasking laws."

"Politicians at all levels of government have called for reforms to deescalate tensions arising from federal immigration enforcement in their states. One common proposal is banning law enforcement officers — including Immigration and Customs Enforcement (ICE) and Customs and Border Protection officers — from wearing masks."

"For this episode, Bridget joins the podcast to provide a deep dive into the difficulties of researching, explaining, and influencing state-level cases and statutes. Bridget highlights how it is SDRI’s mission to fill the gap in legal research by focusing on state constitutions and state-level democracy. One great example is Bridget’s explainer about whether states can prohibit Federal agents from masking while on the job, updated to include recent case decisions."

"Proposals to prohibit federal immigration agents from masking their faces have gained new life in states — thanks in part to a court ruling that blocked the nation’s first such law, in California."

"A California law aimed at prohibiting ICE agents from wearing masks was struck down in court earlier this year. The carve-out that led to the successful Trump administration challenge came out of negotiations between the offices of Gov. Gavin Newsom and Sen. Scott Wiener. Newsom and Wiener have said they were proud to pass the first attempt at an ICE mask ban, and efforts to pass a new version are underway."

"Bridget Lavender, a staff attorney with the State Democracy Research Initiative, said the federal government could override the city’s moratorium because of the Constitution’s supremacy clause, which states that federal law generally trumps conflicting state or local laws. Because the moratorium is already in place, Lavender said, if DHS wants a permit, 'it would require the federal government to challenge the ordinance in court.'"

"Bridget Lavender, a staff attorney with the State Democracy Research Initiative, said LA County could still pursue its own case, even if the pending state laws are struck down. That could lead to what she described as 'a situation where we have different outcomes between the two cases.'

"Since President Trump was sworn into office in January, Massachusetts Democrats have tried using the tools at their disposal — lawsuits, legislation, public condemnation — to counter the federal government’s moves on everything from immigration policy to tariffs."