Our Work

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.

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.

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.

Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.

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.

The State Democracy Research Initiative filed an amicus brief urging the Arizona Supreme court to uphold a voter-initiated statute requiring the disclosure of major donors to "dark money" political groups.

"The U.S. Justice Department has sent letters to election officials in at least two key swing states, threatening action against the states if they don’t comply with provisions of a 2002 federal election law."

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.