Election Litigation Tracker
While the 2026 midterms proceeded without the flood of post-election litigation many feared, the election was marked by significant pre-election legal challenges to a variety of election rules and procedures. Three major areas of election litigation stand out:
- Federal Intervention in State Elections: Lawsuits challenge federal efforts to obtain voter registration data, verify citizenship, and deploy immigration enforcement personnel at polling places, raising questions about federal authority, voter privacy, and state control of elections. Key cases include EPIC v. USCIS, Coalition for Humane Immigrant Rights v. DHS, and LULAC v. DHS.
- Voting Procedures and Mail Voting: Recent cases address mail ballot delivery, provisional voting when absentee ballots are lost or delayed, and requirements that can lead to absentee ballots being rejected. Key cases include California v. United States Postal Service, League of Women Voters v. Wisconsin Elections Commission, and Disability Rights Montana v. Jacobsen.
- Redistricting and Gerrymandering: Significant litigation concerns mid-decade congressional redistricting, racial vote dilution under the Voting Rights Act, and partisan gerrymandering, with implications for the 2026 elections and future electoral maps. Key cases include Louisiana v. Callais, Von Glahn v. Hoskins, and Bothfeld v. Wisconsin Elections Commission.
Read our full analysis of election litigation trends, or explore the cases and their latest developments in the Election Litigation Tracker below.
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