Democracy on the line in state election lawsuits

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Midterm election races are heating up and, in many ways, getting uglier as Election Day nears.

But there are other election-related battles that have been simmering in state courts since 2020, continuing to build momentum. Courts are fielding a massive wave of lawsuits focused on the fine details of election procedures – from how someone fills out an absentee ballot to who is monitoring the polls.

Besides putting pressure on already overwhelmed state courts, explain legal scholars Miriam Seifter and Adam Sopko, these lawsuits have much broader implications. They could reshape people’s ability to vote and, ultimately, “undermine voter confidence in the electoral system,” they write.

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Amy Lieberman

Politics + Society Editor

A voting dropbox is pictured ahead of the midterm elections in Mesa, Ariz., in October 2022. Olivier Touron/AFP via Getty Images

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Most of the election-related lawsuits now before state courts focus on fine details of election procedures. This can be a costly, time-consuming process for state courts.

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