Major Election Law Questions Await Supreme Court Resolution
By Justin Riemer, President, USGI
As we enter the new year, the Supreme Court is poised to resolve several major election law questions with significant implications for voters, election administrators, candidates, and political parties.
Bost v. Illinois State Board of Elections, a case we previously covered, should clarify when candidates have legal standing to challenge election rules. Currently, courts routinely dismiss such cases on standing grounds before they even reach the substantive merits of the case. A ruling for Congressman Bost will significantly impact the election litigation landscape, likely resulting in more court-imposed changes to voting processes. It could also reduce the amount of post-election litigation since candidates, and potentially political parties, would be able to bring viable challenges earlier in the election calendar.
There are also important redistricting cases, including Louisiana v. Callais, a case challenging Louisiana’s congressional map as violating the Fourteenth Amendment’s Equal Protection guarantees. This case will likely determine how much, if at all, states can consider race when districting. Louisiana requested the Court rule on this case before the end of 2025 but, since it did not, some have speculated that Louisiana will need to use its existing map for the 2026 midterm elections. Nonetheless, the Court’s decision could have implications in 2026 and certainly beyond for Voting Rights Act redistricting challenges.
The Supreme Court is also deliberating on NRSC v. FEC, a campaign finance case that will likely determine the constitutionality of limits on political party committees’ spending when coordinating with presidential and congressional candidates. A ruling for the NRSC would be extremely consequential for political parties and potentially increase their influence which has been eroding since Citizens United resulted in more outside group spending to elect candidates.
Finally, although Trump v. Slaughter is a separation of powers and not an elections law case, it will likely have significant implications on the ability of presidents to influence “independent” federal agencies such as the Election Assistance Commission and Federal Election Commission by removing statutory limits on the president’s ability to remove officers from these agencies.
We can expect decisions in each of these by the end of June. And these are just the cases in which the Court has already heard oral argument.
The Court recently granted certiorari in Watson v. Republican National Committee, which will decide whether federal statutes establishing a national federal election day prohibit states from accepting the receipt of mail ballots after election day, something that could modify up to 14 states’ ballot return deadlines and achieve a key conservative policy goal. Although Bost involves the same substantive issue in this case, Watson will likely settle it first even if the Court rules in Bost’s favor on the preliminary standing question.
There is also Mi Familia Vota v. Fontes, a case challenging Arizona’s proof of citizenship requirements that already reached the Court in 2024 via its “shadow docket.” The state legislature and RNC who intervened to defend the law are seeking Supreme Court review of a Ninth Circuit Court of Appeals ruling that struck down multiple components of the law. This is perhaps the most important election-related case likely to reach the Court given its implications on the ability of Congress to regulate presidential election processes, the Ninth Circuit’s interpretation of the materiality provision of the Civil Rights Act, and the saliency of noncitizen voting issues. The petition for certiorari is due on February 19 and we expect the Court to grant it.
These are just the cases we know the Supreme Court will consider. There are inevitably others that will arrive via the Court’s shadow docket when parties seek stays of lower court rulings on election law issues. Given the volume of election litigation at the district and appellate court levels, it is only a matter of time before the Supreme Court is asked to weigh in to stop a lower court ruling from taking effect before the election. We would encourage readers to keep their eyes on midcycle redistricting litigation in states such as California, multiple pending lawsuits involving the Department of Justice’s demands for state voter records, cases addressing the materiality provision of the Civil Rights Act, and the Eakin case on counting undated ballots in Pennsylvania.
Alabama
A bill pre-filed for the 2026 session would authorize expanded assistance for absentee voters with disabilities, allowing them to receive help from a designated assistant when completing and returning absentee ballots.
Secretary of State Allen has directed the removal of 186 individuals identified as noncitizens from the state’s voter registration file after a review using the federal Systematic Alien Verification for Entitlements (SAVE) program, which the state now uses under a memorandum of understanding with the U.S. Department of Homeland Security and USCIS. The Secretary’s office said all flagged registrants were given an opportunity to provide documentation proving U.S. citizenship; those who did not were removed from the rolls. State records indicate that 25 of the removed individuals had also cast ballots in past elections.
Alaska
Alaska has turned over detailed voter registration data to the U.S. Department of Justice following a federal request tied to DOJ’s nationwide effort to obtain statewide voter rolls. The release includes computerized registration lists and other maintenance information that DOJ asserts it needs to enforce federal voter registration statutes.
Arizona
Maricopa County is reviewing its vetting procedures for temporary election workers after a 2024 incident—which resulted in an election worker pleading guilty to attempted computer tampering—fueled scrutiny of its hiring practices.
The Arizona Elections Procedures Manual has been revised to permit party observers at early-voting locations in Pima County. Previously, Pima County prohibited early voting observers, though other Arizona counties permitted it. The change allows designated party representatives to observe ballot processing and tabulation activities during early voting, bringing early-voting observation rules closer to those for Election Day.
In addition, the Arizona Legislature is scrutinizing the broader manual amid warnings that several of its provisions could spark new rounds of litigation. Many of the recent changes were effected in response to litigation over the prior draft.
Arkansas
Early voting has officially begun in two special legislative elections that were the subject of recent lawsuits in Arkansas. The races—a House District seat in Redfield and a Senate District seat in Malvern—garnered legal attention over timing and procedural questions after incumbents resigned and petitioners challenged how quickly and under what deadlines the elections were ordered.
California
Supporters of a proposed statewide voter ID constitutional amendment have submitted over 1 million signatures to qualify the measure for the 2026 ballot, far exceeding the threshold needed to trigger a ballot initiative. The proposed initiative would include measures such as requiring a government ID to cast a ballot in all elections and mandate state election officials to verify citizenship of voters.
Colorado
Colorado has approved a permanent set of election law changes that affect signature verification and security measures for both in-person and mail ballots. Key changes include updated procedures for validating signatures on mail-in ballot return envelopes, identification requirements for election workers, and language access improvements. The reforms will take effect in the next election.
Florida
A recently introduced bill proposes tightening Florida’s voter registration requirements by mandating proof of U.S. citizenship and imposing additional state ID verification checks on prospective voters. Under the measure, every applicant would need to verify their citizenship status as part of the registration process, and individuals who obtained an out-of-state driver’s license could be removed from Florida’s voter rolls. The bill also calls for non-citizen designations (“NC”) to be clearly marked on Florida-issued IDs to assist election officials in verifying eligibility.
Idaho
Elmore County election results were formally certified this week following a judicial review of “all aspects of the election.” The review came after a close local contest and requests for additional scrutiny after a clerk discovered a discrepancy between the number of ballots and the number of voters participating in the election.
Indiana
An Indiana woman has pleaded guilty to forging voter signatures on petitions. The St. Joseph County Election and Voter Registration Office flagged irregularities in 530 voter signatures in February 2024 and, after conducting a detailed review using the Indiana Statewide Voter Registration System, determined that only 19 of the signatures were valid, prompting an investigation.
Minnesota
The DOJ has sent a formal letter to Secretary of State Steve Simon, giving him 15 days to produce records related to the state’s voter registration and same-day registration practices. The demand covers records from the past 22 months, including the March 5, 2024 primary and November 5, 2024 general election, and seeks materials that DOJ says are necessary to assess compliance with HAVA and other federal requirements.
Mississippi
Mississippi agreed to voluntarily provide DOJ with its full voter registration lists, joining other states that have opted for compliance rather than litigating DOJ’s demands. DOJ has framed these efforts as tied to list-maintenance enforcement under NVRA/HAVA and related federal authorities.
Nevada
The number of unaffiliated voters in Nevada is expected to rise exponentially due to a change in the Nevada automatic voter registration process. Previously, voters who registered at the Department of Motor Vehicles were able to affiliate with a political party while registering. Under the new law, however, the DMV will send the applicant’s identification information to the County Clerk for eligibility verification. After this verification process, the County Clerk will send a party affiliation form to the newly registered voter after they have been verified and registered.
New Hampshire
DOJ has dropped its objection to a Marc Elias- backed group of individuals intervening in the ongoing voter-roll lawsuit brought by the DOJ against the state. This change in position came after the DOJ filed a brief opposing the group’s involvement in the suit.
New Jersey
The state legislature has sent a suite of voter registration and election audit bills to Gov. Murphy’s desk for signature. The proposed measures include an “opt-out” automatic voter registration system, along with changes to post-election audits that would permit third-party electronic machines to audit ballots in addition to hand counts.
Ohio
Ohio has ended grace-period counting of mail ballots requiring ballots to be received rather than merely postmarked by Election Day.
Ohio’s new Election Integrity Commission is coming together as state officials prepare to replace the former Ohio Elections Commission with a revamped body tasked with overseeing election governance, including campaign finance and related compliance functions. The change stems from the 2025 state budget, which eliminated the previous independent elections watchdog and transferred its authority to the new commission under the Secretary’s oversight. Secretary of State LaRose has begun appointing the commission’s leadership.
Oregon
A new law that alters Oregon’s online voter registration identification requirements was implemented on December 31, 2025. This law requires officials to accept the last four digits of an applicant’s Social Security Number and a digital signature uploaded by the applicant. Previously, applicants were required to hold a Driver’s License to utilize the online application as the signature utilized by election officials was the signature on file with the Department of Motor Vehicles.
Pennsylvania
Pennsylvania is implementing a newly redesigned provisional ballot envelope intended to reduce errors that lead to ballot rejection. The updated design includes clearer instructions for voters, such as making it clear where to sign the envelope, and identifying which sections should be filled by voters or poll workers. In the 2024 election, nearly 5% of provisional ballots were rejected.
Tennessee
Starting this week, new driver’s licenses are being issued for Legal Permanent Residents in the state. The newly enacted law requires a marking on the license that identifies the license holder as a Legal Permanent Resident allowing for election officials to easily identify non-eligible individuals for voting registration purposes.
Texas
Republican officials in Dallas and Hays Counties have backed away from earlier proposals to hand-count all ballots in their March 3, 2026 primaries, opting instead to use standard voting equipment and existing tabulation procedures. Officials cited concerns regarding staffing, training, logistical resources, and compliance with federal law.
Virginia
Later this month, Democrats will take control of the Governor’s mansion in Virginia. This transition of power in Richmond requires a shift in party control on localities’ electoral boards as Virginia law requires the majority of the county boards to be from the Governor’s party.
DOJ Voter Data Lawsuits
On January 6, DOJ broadened its voter-data enforcement effort by filing new lawsuits against Arizona and Connecticut, alleging that the states failed to provide their statewide voter-registration lists as requested. This brings the nationwide total to 23 states and the District of Columbia.
Alaska
Benedelova v. U.S. Citizenship & Immigration Services, et al., No. 3:25-cv-00358 (D. Alaska)
On December 18, a Kodiak couple filed suit in federal court after a state DMV error allegedly registered them to vote against their will and despite being non-citizens, putting them at risk of immigration enforcement consequences including deportation.
Arizona
Public Interest Legal Foundation v. Fontes, No. CV-25-02722 (D. Ariz.)
On January 5, a federal court denied a motion to dismiss in a lawsuit brought by the Public Interest Legal Foundation alleging NVRA violations for refusal to disclose voter roll maintenance records identifying voters incorrectly removed as deceased.
Georgia
Allen v. State of Georgia, No. 24CV014632 (Fulton Cnty. Super. Ct.)
A state court denied a petition to quash a State Election Board subpoena directed to Fulton County election officials to produce 2020 election records.
Minnesota
United States v. Simon, No. 25-cv-3761 (D. Minn.)
On December 23, Secretary of State Simon moved to dismiss DOJ’s federal lawsuit seeking broad access to Minnesota’s statewide voter file. The litigation is part of DOJ’s nationwide voter-data enforcement campaign.
Mississippi
White v. State Bd. of Election Comm’rs, 2025 WL 3688160 (N.D. Miss.)
On December 19, the state Supreme Court ordered a special election after earlier determining that the electoral map used to select justices violates Section 2 of the Voting Rights Act. The Court granted the state legislature until the end of its 2026 session to adopt new maps for the Supreme Court districts.
Missouri
Maggard v. Hoskins, No. 25AC-CC09120 (Cole Cnty. Cir. Ct.)
On December 23, two voters sued to block Missouri’s newly enacted congressional map from being used in the 2026 elections after state officials proceeded implementing the new map while a referendum petition reported to contain more than 305,000 signatures was underway. Filed with ACLU of Missouri support, the suit seeks to suspend the map unless and until voters can approve or reject it through the referendum process.
Texas
La Unión del Pueblo Entero v. Greg Abbott, No. 5:21-cv-844 (W.D. Tex.)
On December 31, the U.S. Court of Appeals for the Fifth Circuit issued a mixed ruling in the consolidated challenges to Texas’s 2021 election law, S.B. 1. The court held that several claims were barred by sovereign immunity, while permitting others to proceed. As a result, the decision narrows but does not end the litigation, leaving key statutory challenges for further proceedings in federal court.
The United States Postal Service implemented a new postmarking policy on December 24, clarifying that mail may no longer receive a same-day postmark when dropped off in a mailbox or at a retail unit. Instead, the official date reflects when the item is first processed at a postal facility, which can be one or more days later.
Josh Findlay argues that recent fraud allegations in Minnesota reveal deep systemic flaws in the state’s election administration. He notes that the state began issuing driver’s licenses to illegal aliens in 2023 without an attendant increase in election safeguards, such as imposing Voter ID requirements.
This Mercer Law Review article analyzes the significant developments in Georgia election law over the last seven years. These developments touch on issues including standing, challenges to voting machines, and requirements to expedite election related cases.
Matt Crane and Kathy Boockvar have published a report for Institute for Responsive Government titled “Bridging Divides: Recultivating Election Security and Trust.”
The Grant Institute has potential openings for junior level attorneys and others interested in the study of election administration and voting issues. Interested candidates should please email their resume to info@grantdemocracy.org.
The Institute for Free Speech is currently accepting applications for its next President after David Keating, its long-time President, announced he was stepping down and moving into a policy role. Information about the opening is available here.