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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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Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data

01.21.26 Last Updated 04.16.26

As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has demanded copies of states’ complete voter registration lists, including voters’ highly sensitive data like birthdates, partial Social Security numbers, and driver’s license numbers. The Justice Department has filed federal lawsuits against 29 states (so far) and Washington, D.C., seeking orders compelling these jurisdictions to turn over their data. This tracker monitors the Justice Department’s lawsuits.

Reports

Can the Federal Government Force States to Hand Over Citizens’ Voter Information?

Derek Clinger 12.19.25 Last Updated 01.21.26

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.

Commentary

The Pennsylvania Lawyer: “Democracy and Election Law at the Pennsylvania Supreme Court: A Look Back and Ahead”

Adam Sopko 05.01.25

As in recent election years, Pennsylvania courts faced a flood of election lawsuits in 2024, with many reaching the Pennsylvania Supreme Court. However, unlike in prior years where the high court readily intervened in election cases, it largely avoided them in 2024. A review of the court’s election cases shows that various procedural and jurisdictional rules limited its ability to resolve several high-profile disputes.

Amicus Briefs

Baxter v. Philadelphia Board of Elections

03.31.25

In a case determining whether the state constitution prohibits election officials from excluding timely-received absentee ballots because they lack a written date on the return envelope, the State Democracy Research Initiative filed an amicus brief arguing that the practice is inconsistent with the Pennsylvania Constitution's democratic commitments.

Reports

Election-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court Filings

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.

Commentary

State Court Report: 2024's Most Significant State Constitutional Cases

There has been growing public interest in the potential of state courts and constitutions to provide greater protections to people within their borders than what’s offered under the federal Constitution. In 2024, multiple high-profile cases wound through state judiciaries, addressing reproductive rights, democracy, criminal justice, and much more.

Reports

Laches in State Court Election Cases

Harry Black 10.11.24

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.

Amicus Briefs

Black Political Empowerment Project v. Schmidt

09.04.24 Last Updated 09.13.24

In a case involving a state constitutional challenge to the practice of excluding timely-received absentee ballots which lack a correct written date on the return envelope, the State Democracy Research Initiative filed an amicus brief urging the Pennsylvania Supreme Court block this practice. The Pennsylvania Supreme Court vacated the lower court decision blocking the practice on jurisdiction grounds.

White Papers

State Judicial Conduct Commissions: The Challenge of Judging Judges

Bryna Godar 07.10.24 Last Updated 07.30.24

This report analyzes an often-overlooked set of state entities that hold substantial power: judicial conduct commissions. These entities, which exist in every state, are primarily designed to protect the public from judicial misconduct and have broad authority to investigate and sanction state judges. As state courts gain increasing attention, the public and scholars should likewise attend to the entities that oversee them.

All States State Courts
In the Media

AP: A crush of lawsuits over voting in multiple states is creating a shadow war for the 2024 election

"As President Joe Biden and Donald Trump step up their campaigning in swing states, a quieter battle is taking place in the shadows of their White House rematch. The Republican National Committee, newly reconstituted under Trump, has filed election-related lawsuits in nearly half the states. Recent lawsuits over voter roll maintenance in Michigan and Nevada are part of a larger strategy targeting various aspects of voting and election administration."

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