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"Fulton County Commission Chair Robb Pitts received a startling phone call in his office on Jan. 28. FBI agents were at the county’s elections hub. He knew it was about the 2020 election but wondered what possibly could be going on."

A recent episode involving a California sheriff who obtained a search warrant and seized more than 650,000 ballots from a November 2025 special election has raised the troubling possibility that a similar incident could occur while a state's vote-counting process is still underway. This Report explores these concerns and offers guidance to the state and local actors best positioned to address them.

The U.S. Department of Homeland Security has vastly expanded Immigration and Customs Enforcement’s (ICE) presence across the country, extending its reach to nearly every state and major city. In response, state and local governments are increasingly looking to location-specific protections, and to property law more broadly, to address the effects of this federal presence.

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.

Mail voting is under unprecedented federal pressure heading into the 2026 midterm elections. From the White House to the Supreme Court to Congress, a series of developments is threatening a form of voting that tens of millions of Americans rely on—and that was relatively uncontroversial until just a few years ago. This explainer examines how mail voting became a partisan battleground, what the current federal threats mean for mail voting, and what states, election officials, and advocates can do in response.

Litigation over election results serves an important role in legitimizing the democratic process, but when these challenges drag on for months, they can undermine that legitimacy and leave citizens without representation. North Carolina’s 2024 Supreme Court race, for example, took six months of post-election litigation to resolve, and some observers worry that similar delays could affect control of Congress in 2027. This Explainer examines the gaps in state laws that increase the risk of prolonged election contests and shows how state supreme courts can use their supervisory and rulemaking powers to ensure prompt resolution of such proceedings.

State and local governments are increasingly using property law to push back on ICE operations. This report unpacks the viability of these efforts, from banning new detention centers to barring officers from staging operations on city property.

“'It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure,' said Derek Clinger, a senior counsel at the State Democracy Research Initiative, an institute at the University of Wisconsin Law School."

"Election law experts are questioning the legality of the FBI’s unprecedented seizure of 2020 election ballots in Fulton County, Ga. in a raid that has further inflamed fears of federal interference in the upcoming midterm elections. "

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 31 federal lawsuits (so far)—against 30 states plus Washington, D.C.—seeking orders compelling these jurisdictions to turn over their data. This tracker monitors the Justice Department’s lawsuits.