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.
Below, we highlight three key takeaways as well as link to our complete dataset and methodology for download.
First, high rates of election litigation persisted in 2024. Our last report observed that 2020 seemingly marked a step change towards consistently high rates of election litigation, and 2024 further supports that trend. While 2020 remains the highwater mark in the years we have measured, 2024 saw nearly as many total filings, even without the myriad pandemic-related suits and post-election challenges that swelled the 2020 numbers.
Second, consistent with the prior years measured, state courts were the primary venue for election suits in 2024. Although total litigation volume in 2024 was down slightly from 2020, nearly 1.5 times more suits were filed in state courts in 2024 than in 2020. In 2024, state judiciaries docketed many more election lawsuits than their federal counterparts did in 2022 and 2024 combined.
Third, the largest proportion of election litigation continues to involve the voting process. This litigation includes administration (e.g., rules governing election observers and vote tabulation) and vote-by-mail (e.g., rules concerning drop boxes and ballot dating) cases. Notably, 2024 saw an increase in challenges pertaining to voter qualifications and registration rules—i.e., cases in which litigants contested whether certain individuals were legally entitled to participate as voters.
The full data is viewable and available for download below. Click here to download.
Recommended Citation: Miriam Seifter & Adam Sopko, Election-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court Filings, State Democracy Rsch. Initiative (Feb. 17, 2025), https://statedemocracy.law.wisc.edu/research/2025/election-litigation-data-2018-2020-2022-2024-state-and-federal-court-filings/.