Yesterday, the California Supreme Court heard two challenges to a sheriff's seizure of 650k+ ballots from a Nov. '25 election based on debunked fraud claims. Our new report examines the risk of such seizures occurring during a vote count, and how states can respond: go.wisc.edu/dc9qbo

#BREAKING: Over dissents from the three Dem. appointees, #SCOTUS has *granted* the Trump administration’s request to freeze a district court injunction that had blocked the mail-in ballots executive order. But Trump’s EO remains blocked by a different injunction in a different case—at least for now:

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump’s Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Place: What It Means for Pending Supreme Court Stay Request electionlawblog.org/2026/breakin...

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump's Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Pl...

Tonight DOJ issued this notice to the court: Federal Defendants in the above-captioned consolidated matters respectfully submit the following notice regarding recent developments in this matter:Follow...

electionlawblog.org

Officials across the country have sought to burden the direct democracy process with restrictions that may seem modest in isolation but collectively threaten to render these rights unusable, writes @derekclinger.bsky.social in a new explainer.

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

statecourtreport.org

As citizens have increasingly turned to direct democracy powers to make or change law, officials across states have responded with a similar set of tactics to make doing so harder. SDRI's @derekclinger.bsky.social explores the tactics and how citizens have responded in @statecourtreport.org.

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

statecourtreport.org

Today, the Arizona Supreme Court, in Center for Arizona Policy v. Arizona Secretary of State, upheld a ballot measure that requires disclosure of "dark money" election spending, rejecting claims that the law facially violates the Arizona Constitution's free speech and privacy protections. 1/3

The Supreme Court just ruled in Trump v. Slaughter, allowing the President to remove the heads of agencies like the U.S. Postal Service at will, and Watson v. RNC, preserving post-election day receipt of mail ballots. We previewed these and other mail voting-related issues here: go.wisc.edu/v566xn

How Can States Address Federal Hostility to Mail Voting?

Mail voting is under unprecedented federal pressure heading into the 2026 midterm elections. From the White House to the Supreme Court to Congress, a…

go.wisc.edu

In December, SCOTUS stayed a district court ruling blocking TX from using its new maps because the lower court ruled "on the eve of an election." That district court ruling was issued 15 weeks before the TX primaries. Callais was issued *17 days* before the LA primaries.

The Downballot@the-downballot.com · 4mo ago

This is partisanship at its rawest. SCOTUS has clamped down on lower courts for rulings that could alter maps many *months* before an election—even when those maps have been judged illegal. Here, it's rushing to let the Louisiana GOP change a map *while an election is underway.*

Bills passed in Michigan must go to the governor before they become law. But the state house refused to send nine bills to Gov. Whitmer, leading to a dispute that the state high court will hear next week. @uwlawdemocracy.bsky.social's @derekclinger.bsky.social analyzed the case:

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

statecourtreport.org

Next week, the Michigan Supreme Court will hear a fascinating lawsuit between the state Senate and House over whether 9 lame-duck bills must be presented to the Governor or are instead void. I wrote about it for @statecourtreport.org & @brennancenter.org. statecourtreport.org/our-work/ana...

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

statecourtreport.org

For those *trying* to keep track ... in the 48 hours since #SCOTUS issued its ruling in Louisiana v. Callais striking down the state's election map containing two majority-Black districts (links to follow):

The lawsuit says Texas failed to check for proof of citizenship that voters may have already provided the state

Voting rights groups sue Texas over removing voters flagged as potential noncitizens

The lawsuit says Texas failed to check for proof of citizenship that voters may have already provided the state

bit.ly

In a pair of court hearings this week, the Justice Department confirmed voter data sharing with Homeland Security but denied any plans to create a national voter database stateline.org/2026/03/27/d...

DOJ confirms voter data sharing with Homeland Security, but denies building national list • Stateline

The U.S. Department of Justice confirmed in court Thursday that it is sharing sensitive voter data with the Department of Homeland Security in a search for noncitizen voters. But a DOJ lawyer denied t...

stateline.org

Senior Counsel and Director of Partnerships at @uwlawdemocracy.bsky.social @derekclinger.bsky.social explains why federal attempts to “nationalize” elections face significant legal and political obstacles. Read more: buff.ly/pbDCral.

Could Trump ‘nationalize’ elections in Dane County?

President Donald Trump has called on Republicans to ‘take over the voting’ in several jurisdictions.

buff.ly

NEW: Top AZ officials are warning counties not to disclose voter data amid FBI, DHS probes into the 2020 election. Also: Senate President Warren Petersen says a grand jury is impaneled in state, and records show HSI asking about a prior review of the election. Read: www.votebeat.org/arizona/2026...

Mayes, Fontes warn county recorders to keep voter data confidential amid escalating federal probes of 2020 election

The state’s top election officer and prosecutor warned local officials not to give sensitive voter information to federal officials, who are probing the exhaustively reviewed 2020 election in Arizona.

votebeat.org

Exclusive: HSI, a branch of DHS that usually investigates drug cartels and human-trafficking networks, is probing the 2020 election results in Arizona, Yvonne Wingett Sanchez, Sarah Fitzpatrick, and Nick Miroff report: theatln.tc/HJwh0Oqs

A federal court has prohibited California from enforcing its mask ban against federal officers. A loss for California. But the opinion is actually a win for states across the country seeking to ban masking—like Washington, which recently passed a ban through both chambers of the legislature. 🧵 1/

Washington Legislature passes ban on law enforcement wearing masks

OLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state.

spokesman.com

Today, it’s almost impossible to sue federal officers for money damages if they violate your constitutional rights. As @harrisonstark.bsky.social explains in this Lawfare piece, state law could offer a solution through so-called “converse 1983” legislation. www.lawfaremedia.org/article/can-...

Can State Law Remedy Constitutional Violations by Federal Officers?

So-called converse 1983 statutes are percolating in statehouses across the country and could fill a critical constitutional gap.

lawfaremedia.org

@uwlawdemocracy.bsky.social Senior Counsel @derekclinger.bsky.social outlines the constitutional limits on nationalizing U.S. elections, noting that the Constitution grants states primary authority over election administration. Read the full story: buff.ly/GbfifiA.

Trump wants to 'nationalize' voting, but who really has the power to run elections?

The State Democracy Initiative's Derek Clinger weighs in on President Trump's calls to 'nationalize' voting and legislative efforts to overhaul voting requirements.

buff.ly

NEW: The Utah Supreme Court has unanimously dismissed GOP lawmakers appeal of a trial court’s ruling that they had unconstitutionally repealed anti-gerrymandering reforms enacted by voters in 2018. campaignlegal.org/sites/defaul...

Repeat after me: An executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law. Also: Key parts of Trump's last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections

Matt Novak@paleofuture.bsky.social · 7mo ago

Trump’s follow up post says he’s going to issue an executive order on voter ID. “If we can't get it through Congress, there are Legal reasons why this SCAM is not permitted. I will be presenting them shortly, in the form of an Executive Order.”

1/ UPDATE: The affidavit underlying the FBI raid to seize 2020 election materials in GA has been unsealed. It cited allegations conservative researcher Kevin Moncla told @ProPublica he had briefed investigators on. Witness names are redacted. storage.courtlistener.com/recap/gov.us...

Doug Bock Clark@dougbockclark.bsky.social · 7mo ago

EXCLUSIVE: Since the FBI seized 2020 election materials from GA, questions have abounded as to what evidence justified the raid. @ProPublica has obtained audio of conservative activists discussing providing files and exhibits to the Department of Justice… www.propublica.org/article/kevi...

The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”

Democracy Docket@democracydocket.com · 7mo ago

The FBI’s unprecedented seizure of 2020 election ballots and records in Fulton County, Georgia has election experts raising red flags for 2026. One expert warns the raid was a possible test run for future midterm interference in swing districts.

The Utah governor just signed a bill to expand his state's supreme court by two seats. Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.

California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws. The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”

ProPublica@propublica.org · 7mo ago

NEW: The FBI’s search warrant, which sought 2020 election ballots, tabulator tapes, digital data and voter rolls from Fulton County, GA, marked what experts described as a significant escalation in President Donald Trump’s breaking of democratic norms.

This new Fulton Cnty. election search warrant raises _a lot_ of questions. The apparent relevant crime is allegedly throwing away docs in '21 or '22. What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?

FBI execution of search warrant in Fulton #ELB

Justin here. Rick linked earlier today to what he called a “dangerous escalation” of DOJ/FBI aggressiveness in pursuing election records, when they executed a search warrant at a Fulton County electio...

electionlawblog.org

@derekclinger.bsky.social won first place in the Institute for Election Administration Funding Solutions Contest, a national contest to propose innovative election administration funding solutions. Read his winning proposal: buff.ly/qSWyilv.

JUDGE: “It concerns me that Attorney General Bondi’s letter cites three things that are the subject of pending litigation before this court,” referring to the District of Minnesota. "Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"