Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 25/08/2026Yesterday, 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 022
Reposted by Derek ClingerSteve Vladeck @stevevladeck.bsky.social · 24/08/2026#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:supremecourt.gov 872235916
Reposted by Derek ClingerRick Hasen @rickhasen.bsky.social · 22/08/2026Breaking: 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...electionlawblog.orgBreaking: 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... 46133
Reposted by Derek ClingerState Court Report @statecourtreport.org · 14/07/2026Officials 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.statecourtreport.orgThe Quiet Campaign Against Direct DemocracyAs 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. 055
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 13/07/2026As 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.statecourtreport.orgThe Quiet Campaign Against Direct DemocracyAs 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. 085
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026Today, 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. 1/3 252
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026The 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/v566xngo.wisc.eduHow 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… 143
Reposted by Derek ClingerThe Downballot @the-downballot.com · 05/05/2026In 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. 452465797
Reposted by Derek ClingerState Court Report @statecourtreport.org · 01/05/2026Bills 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:statecourtreport.orgMichigan Supreme Court to Hear Rare Lawsuit Between Legislative ChambersThe 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. 267
Derek Clinger @derekclinger.bsky.social · 01/05/2026Next 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...statecourtreport.orgMichigan Supreme Court to Hear Rare Lawsuit Between Legislative ChambersThe 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. 262
Reposted by Derek ClingerKatie Buehler @bykatiebuehler.bsky.social · 01/05/2026For 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): 14221
Reposted by Derek ClingerVotebeat @votebeat.org · 27/03/2026The lawsuit says Texas failed to check for proof of citizenship that voters may have already provided the statebit.lyVoting rights groups sue Texas over removing voters flagged as potential noncitizensThe lawsuit says Texas failed to check for proof of citizenship that voters may have already provided the state 0127
Reposted by Derek ClingerJonathan Shorman @jonshorman.bsky.social · 27/03/2026In 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...stateline.orgDOJ confirms voter data sharing with Homeland Security, but denies building national list • StatelineThe 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... 141
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 19/03/2026Senior 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.buff.lyCould Trump ‘nationalize’ elections in Dane County?President Donald Trump has called on Republicans to ‘take over the voting’ in several jurisdictions. 042
Reposted by Derek ClingerSasha Hupka @sashahupka.bsky.social · 11/03/2026NEW: 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...votebeat.orgMayes, Fontes warn county recorders to keep voter data confidential amid escalating federal probes of 2020 electionThe 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. 01411
Reposted by Derek ClingerThe Atlantic @theatlantic.com · 11/03/2026Exclusive: 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 40396198
Reposted by Derek ClingerBridget Lavender @bridgetlavender.bsky.social · 06/03/2026A 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/spokesman.comWashington Legislature passes ban on law enforcement wearing masksOLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state. 15413
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 27/02/2026Today, 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-...lawfaremedia.orgCan 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. 044
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 26/02/2026@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.buff.lyTrump 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. 011
Reposted by Derek ClingerMichael Li (李之樸) @mcpli.bsky.social · 21/02/2026NEW: 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... 16324
Reposted by Derek ClingerRick Hasen @rickhasen.bsky.social · 13/02/2026Repeat 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 351787613
Reposted by Derek ClingerDoug Bock Clark @dougbockclark.bsky.social · 10/02/20261/ 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...storage.courtlistener.com 416959
Reposted by Derek ClingerPhil Rocco @philiprocco.bsky.social · 06/02/2026The 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 2235
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 05/02/2026@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.” 011
Reposted by Derek ClingerTaniel @taniel.bsky.social · 31/01/2026The 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. 24841331
Reposted by Derek ClingerBridget Lavender @bridgetlavender.bsky.social · 30/01/2026California 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/ 264
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 29/01/2026@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.” 1176
Reposted by Derek ClingerJustin Levitt @justinlevitt.bsky.social · 28/01/2026This 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?electionlawblog.orgFBI execution of search warrant in Fulton #ELBJustin 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... 24319
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 28/01/2026@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. 011
Reposted by Derek ClingerAdam Klasfeld @klasfeldreports.com · 26/01/2026JUDGE: “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?" 131633372
Derek Clinger @derekclinger.bsky.social · 23/01/2026New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings. Check it out here: go.wisc.edu/93o421 Read our deep dive on the legal issues here: go.wisc.edu/070765go.wisc.eduTracker: DOJ Lawsuits Seeking States’ Sensitive Voter DataLast Updated: January 23, 2026 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 dema... 074
Reposted by Derek ClingerLawfare @lawfaremedia.org · 22/01/2026On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8 14212
Reposted by Derek ClingerWIRED @wired.com · 22/01/2026As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. www.wired.com/story/dhs-da...wired.comDHS’s Data Grab Is Getting Citizens Kicked Off Voter Rolls, New Complaint SaysAs states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. 7209128
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 21/01/2026@derekclinger.bsky.social @uwlawdemocracy.bsky.social ponders what could happen next 011
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 15/01/2026@uwlawdemocracy.bsky.social senior staff @derekclinger.bsky.social comments on federal court rulings blocking an executive order aimed at revising election rules nationwide, warning that the order is still having a tangible impact within the federal government. Read the full story:buff.lyTrump’s election executive order again set back with latest court rulingCourts have so far blocked key provisions of the president’s executive order, but it’s had more influence over federal agencies. 011
Derek Clinger @derekclinger.bsky.social · 14/01/20261/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers. My full analysis: statedemocracy.law.wisc.edu/featured/202...statedemocracy.law.wisc.eduExplainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r... 166
Reposted by Derek ClingerBryna Godar @bgodar.bsky.social · 07/01/2026In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...statedemocracy.law.wisc.eduExplainer: Can States Prosecute Federal Officials?Bryna Godar, Staff Attorney PDF Available Here Published: July 17, 2025 As state and local officials increasingly clash with federal officials over immigration enforcement,[1] policing of protests,[2]... 02311
Derek Clinger @derekclinger.bsky.social · 19/12/2025My latest digs into whether the federal government can force states to hand over your voter data 👇 141
Reposted by Derek ClingerMichael Li (李之樸) @mcpli.bsky.social · 26/08/2025🚨BREAKING: A state district court has struck down Utah’s congressional map on the grounds that the legislature illegally repealed 2018 anti-gerrymandering standards approved by voters. State has until 9/24 to adopt new map. 319558
Reposted by Derek ClingerMiriam Seifter @miriamseifter.bsky.social · 21/08/2025My latest scholarship roundup up for @statecourtreport.org covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!) statecourtreport.org/our-work/ana...statecourtreport.orgBack-to-School Scholarship Roundup: State Courts, Constitutional Law, and FederalismRecent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more. 13621
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 18/07/2025The WI Supreme Court wrapped up its 2024-25 term with high-profile decisions on abortion, legislative committee vetoes, and more. Check out @bgodar.bsky.social’s explainer for a review of the term’s key cases and a preview of what’s to come: statedemocracy.law.wisc.edu/featured/202...statedemocracy.law.wisc.eduWisconsin Supreme Court 2024-25 Term Review and 2025-26 PreviewBryna Godar, Staff Attorney PDF Available Here Published: July 16, 2025 The 2024–25 Wisconsin Supreme Court term wrapped up this summer with a series of high-profile decisions, including on abortion, ... 032
Reposted by Derek ClingerTaniel @taniel.bsky.social · 03/07/2025NEW from me: The GOP megabill will add $171 billion to immigration enforcement and ICE, a gigantic sum that'll pour funds into a vast network of detention + hire thousands of ICE agents and fund sheriffs. I talked to an expert on just what to expect: boltsmag.org/how-the-gop-...boltsmag.orgHow the GOP Megabill Would Turbocharge Local Immigration Enforcement - BoltsCongress is poised to pour tens of billions of dollars into more immigration detention, private jails, and border operations, plus new ICE partnerships with local police and sheriffs. 36457248
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 02/07/2025New: The Wisconsin Supreme Court ruled Wednesday that an 1849 law on abortion was impliedly repealed by later abortion legislation, so it no longer operates as a ban on abortion. Read the opinion here: www.wicourts.gov/sc/opinion/D...wicourts.gov 439275
Reposted by Derek ClingerUniversity of Wisconsin Law School @law.wisc.edu · 25/04/2025@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV 012
Derek Clinger @derekclinger.bsky.social · 09/04/2025As Ohio lawmakers consider overhauling a voter-approved initiative legalizing adult-use marijuana, my forthcoming Case Western Reserve Law Review essay argues their power to do so is much more limited than commonly assumed. papers.ssrn.com/sol3/papers.... 143
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 17/02/2025We've updated our election litigation tracker to cover lawsuits in state & federal courts for 2024. Some takeaways: > High volume of election litigation continued > Most suits were in state court > Majority of cases focused on the voting process go.wisc.edu/q141gmgo.wisc.eduElection-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court FilingsFollowing 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 litiga... 054
Reposted by Derek ClingerState Court Report @statecourtreport.org · 12/02/2025In light of *gestures wildly* all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.statecourtreport.orgFifty Unique, Ever-Changing State ConstitutionsA new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site. 35526
Reposted by Derek ClingerTaniel @taniel.bsky.social · 17/01/2025NEW: Voting rights are under threat from all directions in this new era — first and foremost from conservative courts. Democracy expert extraordinaire @yeargain.bsky.social wrote for us on the 8 big legal battles you should be watching for democracy this year. boltsmag.org/voting-right...boltsmag.orgOn Voting Rights, Eight Legal Battles to Watch in 2025From the continued threats against the Voting Rights Act to new restrictions on mail ballots and voter registration, courts will have a lot of opportunities to shape democracy this year. 5274106
Reposted by Derek ClingerState Democracy Research Initiative @uwlawdemocracy.bsky.social · 20/12/2024The outcome of November's NC Supreme Court election is being litigated, with more than 60,000 votes being challenged. This explainer from SDRI’s @ewlau.bsky.social offers background on the dispute and how it made its way to court: statedemocracy.law.wisc.edu/featured/202...statedemocracy.law.wisc.eduExplainer: North Carolina Supreme Court Election ProtestEmily Lau, Staff Attorney PDF Available Here More than a month after the November 2024 election, the result of the North Carolina Supreme Court race is still uncertain. There have been two recounts—on... 0108
Reposted by Derek ClingerStephen Wolf @stephenwolf.bsky.social · 19/12/2024The partisan asymmetry in 2024 lame-duck sessions is stark. In North Carolina, Republicans passed a sweeping power grab to take over election admin & strip power from Democrats before losing their gerrymandered supermajority. In Michigan, a few Dems thwarted the party’s last weeks of unified govt 0289