The Long Shadow of Bush v. Gore
By Justin Riemer, President, USGI, and Marshal Trigg, Junior Counsel, USGI
Twenty-five years ago this month, the Supreme Court decided Bush v. Gore, settling a presidential election determined by 537 votes out of nearly six million cast in Florida—a margin of 0.009%.
The 2000 election was infamous for, among other things, “hanging chads,” but the broader lesson was about how the most technical flaws in election processes can suddenly become decisive in a close race. Palm Beach County’s butterfly ballot design confused many voters, and Duval County’s split-page ballot caused thousands of overvotes. These issues affected only a small percentage of votes, but in such a close election, everything mattered.
The outcome of that election was highly divisive. Yet a resounding bipartisan consensus quickly emerged that we needed to fix persistent systemic weaknesses in election administration to avoid a repeat of 2000.
Congress responded with the Help America Vote Act (HAVA) of 2002. HAVA upgraded and modernized voting systems by replacing punch-card machines and ensured systems allowed voters to verify their selections and detect overvotes. It also required states to offer provisional ballots. Since 2003, states have received approximately $4.35 billion in HAVA funds.
Recognizing that accurate voter rolls are a cornerstone to effective election administration, HAVA also mandated statewide computerized registration lists. The National Voter Registration Act (NVRA) of 1993 had already established some national registration standards, requiring states to offer registration at DMVs and public assistance agencies and take certain steps to maintain clean voter rolls.
It is hard to argue that the NVRA reflected the same truly bipartisan process as HAVA. President George H.W. Bush vetoed an earlier version of the bill and only a few Republicans voted for its final passage. Although the NVRA explicitly purported to balance access and integrity, few conservatives would agree. It is not a wonder that the NVRA has left, for many, a 30-plus year bad aftertaste.
Perhaps it shouldn’t be surprising then that a Republican Congress is looking at changes. The Committee on House Administration has held a series of hearings looking at how to modernize and improve the NVRA, especially its list maintenance provisions. Last week, its Subcommittee on Elections examined the issue following the full committee’s July hearing where USGI President Justin Riemer testified on the NVRA’s weaknesses.
A few common threads emerged. One is the 90-day pre-election period prohibiting systematic voter removals, cited by both Florida State Law Professor Michael Morley and Riemer. Morley noted the NVRA’s ambiguity regarding what activities can take place during the 90-day blackout period. Does “remove” refer to the process of inactivating a voter or removing them from the voter rolls completely? He also urged Congress to clarify that the prohibition on “systematic” removals does not reach individualized determinations on ineligibility. Both witnesses stressed the blackout applies to primary and general elections, thus limiting systematic removals for half, or more, of each federal election year.
Witnesses also highlighted how courts have inconsistently interpreted other ambiguous NVRA provisions, including that list maintenance be “uniform” and “nondiscriminatory” and that states make a “reasonable effort” to remove ineligible voters.
The hearings also reflect how the NVRA is showing its age. It fails to specifically address removing or screening out noncitizen registrants (much less of a concern in 1993), electronic transactions, and heavily relies on using USPS mail processes for list maintenance.
Expectedly, the Democratic minority witness last week emphasized how the NVRA helped increase voter registration rates and warned about aggressive list maintenance practices. And there was at least some overlap across the aisle on modernization: the Democratic witness, along with Republican witness Mark Braden, floated amending the NVRA to require states to offer online voter registration.
Given the tight majorities in Congress and the intense ideological divide on voting issues, NVRA reforms may require unrealistic compromises. Democratic proposals for automatic or election day registration are likely nonstarters, at least without accompanying robust eligibility verification requirements. And progressives will undoubtedly bristle at Republican demands to enhance the NVRA’s list maintenance requirements. Still, the fact that Republicans are entertaining federal reforms is notable. For years, Republican conventional wisdom has maintained that reopening the NVRA framework carries more risk than upside. But persistent frustrations with the NVRA appear to be pushing some to reconsider.
Beyond the partisan angling, states are increasingly pressed to answer the same practical questions: how should we verify eligibility and keep rolls accurate in an era of greater population mobility? And how can we better leverage technology, particularly data-sharing capabilities between government agencies? The world has changed. It took a rude wake up call for Congress to recognize this 25 years ago—maybe it will consider acting before another one.
Alabama
Secretary of State Allen supports legislation that would tighten disclosures for voter registration information and cap fees on voter list data. The proposal seeks to limit the sharing of sensitive personally identifiable information for commercial use as well.
Alaska
The Division of Elections mailed “voter registration confirmation notices” as part of its annual list maintenance process to verify whether registered voters still reside at their listed addresses. Officials say this outreach, required by state law and the National Voter Registration Act, helps ensure the voter rolls remain accurate ahead of future elections.
District of Columbia
The D.C. Council voted down a proposal to delay implementation of ranked-choice voting, clearing the way for the city’s first use of the system in the June 2026 mayoral and council primaries. The effort to postpone the rollout failed 8-5.
Georgia
The Secretary of State’s office said it is investigating a poll worker accused of scanning multiple ballots cast by a family member during a recent runoff election. Election officials reported the worker did not follow proper procedures by handling a relative’s ballot more than once, prompting review of the circumstances and possible charges.
Illinois
The Will County Clerk said the office will not accept mobile or digital driver’s licenses as valid ID for voter services requiring ID. Instead, individuals must present a physical form of ID that meets state requirements. County officials said this interpretation reflects their assessment of current law and guidance.
Indiana
The state Senate voted down a proposed redistricting plan that would have redrawn legislative districts ahead of the 2026 elections. The defeat came after Republican leaders failed to secure enough support from within their own caucus. Opponents of the proposal argued the map favored incumbents and lacked sufficient bipartisan input, forcing lawmakers back to the drawing board.
Kansas
Joe Ceballos resigned as mayor of Coldwater after being charged with illegally voting in multiple elections and related offenses due to his noncitizen status. Prosecutors say the case followed an investigation into his voting history, and charges include voting without being qualified and election perjury. The situation drew nationwide attention as a rare criminal allegation tied to a local elected official’s conduct.
Maryland
Republicans from the Committee on House Administration sent a letter demanding answers from the State Board of Elections after voter registration records showed Ian Andre Roberts, an illegal alien and former Iowa school superintendent arrested by ICE, was listed as a registered voter in Prince George’s County. Previously, the county had released the unredacted voter records for Roberts, following a legal threat by Restoring Integrity and Elections (RITE) and the American Accountability Foundation (AAF).
Minnesota
So far 113,047 Minnesotans have opted into a 2023 law that lets voters join a permanent absentee ballot list, meaning they automatically receive a mail ballot for every election without reapplying.
Mississippi
A Leflore County woman was convicted under a ballot harvesting law for collecting and transmitting an absentee ballot for another person and received a six-month suspended sentence plus a $2,718 fine. She says she did nothing wrong helping senior citizens with their ballots and has filed an appeal arguing with how the statute was applied. The case stems from actions during the 2023 Democratic primaries under a law that bars non-family members from submitting ballots on others’ behalf.
Ohio
The state joined a new election data sharing network called EleXa with nine other states to compare voter registration information to help identify voters with registrations in multiple states and improve voter-roll accuracy. Secretary of State LaRose said the agreements are intended to catch illegal out-of-state voting and maintain accurate rolls after Ohio left the Electronic Registration Information Center (ERIC) in 2023.
The Secretary of State’s office launched the Election Readiness Training Institute to provide ongoing training and credentialing for election officials across the state. The program requires newly appointed election board members to complete specific training credits within their first year and requires continuing education annually for incumbents. It centralizes instructional content and resources to help ensure officials stay current on laws and administration practices.
Pennsylvania
County election directors say problems with third-party voter registration drives, including large batches of incomplete or falsified forms, create administrative burdens and can overwhelm local offices ahead of deadlines. Following the Attorney General charging six individuals with falsifying registration forms, officials want changes to how registration organizations operate to reduce invalid submissions and ease processing work for elections staff.
Tennessee
The Dickson County Election Commission appointed a new elections administrator at a recent meeting, but two of the five commissioners raised concerns about how the selection process was conducted.
Texas
Following the voter list technology upgrade at the Secretary of State’s office, their candidate portal was part of another technology update, also referred to as TEAM. This created issues with counties trying to find candidates who were qualifying for the upcoming primary.
Virginia
A state lawmaker is proposing legislation to put Virginia back into ERIC following the state’s withdrawal in May 2023.
Wisconsin
The Elections Commission voted 5 to 1 to decline a Department of Justice demand for the state’s unredacted voter registration file, saying state law prohibits sharing sensitive information such as partial Social Security numbers, driver’s license numbers, and dates of birth. The letter to DOJ noted the commission can only provide publicly available, redacted voter information, and said the request exceeds what state law allows.
A new law allows small towns to hire election clerks who live outside municipal limits without waiting for the next election cycle, a change clerks say will help address persistent staffing shortages. Gov. Tony Evers also vetoed a separate bill that would have broadened who can appeal election-related decisions to court.
Wyoming
The Legislature’s Joint Corporations, Elections & Political Subdivisions Committee voted 11-2 to sponsor a bill that would legally specify who is permitted to return another voter’s absentee ballot, potentially making this the 41st state with such a law. The measure is expected to be considered during the 2026 legislative session.
DOJ Voter Data Lawsuits
DOJ expanded its voter data enforcement campaign again on December 12, filing new lawsuits against Colorado, Hawaii, Massachusetts, and Nevada for allegedly failing to produce their statewide voter registration lists upon request. And just yesterday, it also sued D.C., Georgia, Illinois, and Wisconsin. These new filings bring the nationwide total to 21 states and D.C. sued over voter roll disclosure. DOJ also filed a separate lawsuit against Fulton County, Georgia, seeking records related to the 2020 election.
Arizona
RNC v. Fontes, No. cv-2024-050553 (Ariz. Super. Ct. Maricopa Cnty.)
On December 5, the Arizona Court of Appeals dismissed a Republican lawsuit challenging key provisions of the state’s Elections Procedures Manual (EPM). The panel ruled that the plaintiffs lacked legal standing to pursue their case which alleged that the EPM was unlawfully promulgated and contradicted several Arizona election statutes. The case has been partially sponsored by RITE PAC.
California
Tangipa v. Newsom, No. 2:25-cv-10616 (C.D. Cal.)
A three-judge federal panel in the U.S. District Court for the Central District of California heard arguments this week in a challenge seeking to block California’s new congressional district maps adopted via Proposition 50. The GOP challengers asked the court for a preliminary injunction.
Delaware
ACLU of Del. v. Town of Fenwick Island, No. N25C-12-033 CAK (Del. Super. Ct.)
On December 4, the ACLU of Delaware filed suit in Delaware Superior Court challenging the Town of Fenwick Island’s practice of allowing artificial entities such as corporations to register and cast votes in municipal elections.
Maine
United States v. Bellows, No. 1:25-cv-1379 (D. Me.)
On December 12, Maine filed a motion to dismiss the federal lawsuit brought by the U.S. Department of Justice seeking access to its detailed voter registration data.
Maryland
RNC v. DeMarinis, No. 1:25-cv-3989 (D. Md.)
On December 5, the RNC filed a federal lawsuit against Maryland election alleging violations of the National Voter Registration Act (NVRA) by failing to maintain adequate list maintenance procedures. The lawsuit states that at least two of Maryland’s largest counties report voter-registration totals exceeding the number of adult citizens aged 18 and over.
Michigan
Allen v. City of Hamtramck, No. 25-___-CK (Wayne Cnty. Cr. Ct.)
A Hamtramck city clerk filed a lawsuit in state court against the City of Hamtramck and various city officials, alleging retaliation and related claims after she was placed on administrative leave in the aftermath of the contested November 4 mayoral election. The plaintiff contends she was suspended in retaliation for reporting alleged election misconduct and fraud to the Michigan Attorney General’s office earlier in the year.
Missouri
People Not Politicians v. Hoskins, No. 25AC-CC07128 (Mo. Cir. Ct. Cole Cnty.)
On December 12, a state court paused litigation over whether Missouri Secretary of State Hoskins can decline to count thousands of signatures collected on a referendum petition aimed at overturning the state’s newly enacted congressional redistricting map. The suit challenges Hoskins’ position that signatures gathered before October 14 should not count toward qualifying the referendum for the November 2026 ballot.
Montana
Chippewa Cree Indians of the Rocky Boy’s Rsrv. v. Chouteau Cnty., No. 4:25-cv-00069-BMM (D. Mont.)
On December 15, 2025, a federal court approved a settlement that requires Chouteau County to redraw its commission districts to create a single-member district encompassing the Rocky Boy’s Reservation. Plaintiffs had argued that the at-large voting system diluted the voting strength of tribal voters.
Nevada
United States v. Aguilar, No. 3:25-cv-00728 (D. Nev.)
On December 16, the American Civil Liberties Union (ACLU) and its Nevada chapter filed a motion to intervene in the DOJ’s federal lawsuit against Nevada election officials over access to the state’s detailed voter registration data.
New Hampshire
Robertson v. Scanlan, No. 218-2025-CV-000951 (N.H. Super. Ct. Rockingham Cnty.)
On December 12, a state court dismissed a challenge brought by three voters against New Hampshire’s new absentee ballot identification requirements. The plaintiffs argued the statute imposes undue burdens and discriminates against voters with disabilities. The court ruled that the law imposes reasonable, nondiscriminatory obligations and does not unconstitutionally burden the right to vote.
New Jersey
Barberio v. Desai, No. L.-002675-25 (N.J. Super. Ct. Morris Cnty.)
On December 5, the incumbent mayor of Parsippany filed a legal challenge in Morris County Superior Court contesting the results of the town’s November 4, 2025 mayoral election after Democrat Pulkit Desai was certified the winner by just 80 votes. Barberio’s complaint alleges discrepancies and irregularities in the vote-by-mail count, including a purported mismatch between the number of mail-in ballots tallied and those officially recorded as received by the deadline, as well as counting errors by the Morris County Board of Canvassers.
In re Tom Malinowski, Nos. A-3542-21, A-3543-21 (N.J. Super. Ct. App. Div.)
The state Supreme Court declined to hear a challenge to the state’s longstanding ban on fusion voting, leaving intact lower-court rulings upholding the prohibition. The case sought to invalidate New Jersey election laws that prevent multiple political parties from nominating the same candidate and having that candidate appear on the ballot under more than one party line.
Ohio
NRSC v. FEC, No. 1:22-cv-00639 (S.D. Ohio)
On December 9, the Supreme Court heard oral argument in a major constitutional challenge to federal campaign-finance limits on coordinated party expenditures. A decision is expected by late June or early July.
Pennsylvania
United States v. Laiss, No. 25-386 (E.D. Pa.)
On December 8, a federal court heard argument on whether a broad presidential pardon issued by President Donald Trump should be construed to cover the federal double-voting and voter-fraud charges against defendant Matthew Laiss. Laiss is accused of voting twice in the 2020 general election — once by mail in Bucks County, Pennsylvania, and once in person in Florida — allegedly casting both votes for Trump.
Rhode Island
United States v. Amore, No. 1:25-cv-00639 (D.R.I.)
On December 9, Common Cause Rhode Island moved to intervene as a defendant in the DOJ’s lawsuit seeking access to Rhode Island’s statewide voter-registration database and related election records.
South Carolina
NAACP S.C. State Conference v. Wilson, No. 3:25-cv-13754 (D.S.C.)
On December 5, the NAACP and three voters filed a federal lawsuit challenging state voting assistance restrictions that plaintiffs say unlawfully burden voters with disabilities. The plaintiffs allege that existing state law severely limits who may assist voters with disabilities in requesting or returning absentee ballots and imposes felony penalties on those who provide help outside narrow categories.
Wisconsin
United States v. Town of Thornapple, No. 3:24-CV-00664 (W.D. Wis.)
On December 12, the town of Thornapple reached a settlement with DOJ to provide at least one voting system accessible to voters with disabilities at each polling place, resolving DOJ lawsuit that followed the town’s 2024 decision to prohibit electronic voting machines in federal elections.
The U.S. House Committee on Administration’s Elections Subcommittee held a hearing on December 10 “Examining Potential Updates to the NVRA.” A video of the proceedings and witness statements are available here.
The American Enterprise Institute recently sponsored a daylong conference marking the 25th Anniversary of the Bush v. Gore decision. A replay of the conference is available here. AEI’s John Fortier and EAC Commissioner Don Palmer also hosted Michael Carvin, a key player in the litigation, on their Voting Booth podcast.
An NPR story states that the expanded federal Systematic Alien Verification for Entitlements (SAVE) database, now used by some jurisdictions to check citizenship, has incorrectly flagged U.S. citizens as non-citizens and possibly led to wrongful removal from voter lists and added documentation requests. Critics argue SAVE was not designed for voter eligibility verification and that errors could disenfranchise eligible voters if states rely on its results without additional safeguards.
Richard Pildes looks at how the U.S. Supreme Court allowed Texas’s mid-decade congressional map to stand for the 2026 midterms and how the ruling could discourage federal courts from blocking states’ late changes to election laws or maps. The opinion emphasized that lower federal courts should not intervene too close to an election, potentially giving state legislatures greater latitude to enact or revise election rules well before ballots are cast. Observers worry this interpretation of the “Purcell” principle could make it harder to challenge controversial election changes in federal court ahead of 2026.
Thessalia Merivaki and Ioannis Ziogas‘s paper provides an overview of how artificial intelligence is reshaping election administration, voter information, and campaign environments. It identifies key risks, including AI-generated misinformation, synthetic candidates or voter contacts, and vulnerabilities in AI-assisted administrative tools, and evaluates their implications for election officials. The authors outline policy options for states and federal agencies to strengthen preparedness, improve transparency, and mitigate emerging AI-related threats to election integrity.
The Bipartisan Policy Center paper explains a DHS proposal to incorporate state motor-vehicle records into the federal Systematic Alien Verification for Entitlements (SAVE) system, which election officials increasingly use to check voter citizenship. It outlines how SAVE works, discusses privacy and accuracy risks tied to driver’s-license data, and stresses that new data sources might increase inconclusive or incorrect matches that election offices must resolve.
Computer Science Professor Andrew Appel finds that “VoteSecure,” a proposal to enable voting by smartphone, suffers from fundamental vulnerabilities that make secure and verifiable mobile voting unattainable with current technology. The author explains that end-to-end verification methods still risk exposing voter preferences, threatening ballot secrecy or failing to prevent malware and server manipulation. The piece underscores that all known internet-voting protocols, including the one advocated by the Mobile Voting Foundation, have gaps and impracticalities that render them too insecure for public elections.
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.
Disney is hiring a Senior Counsel for Political Advertising.
Finally, please note that the Grant Report will be taking a holiday hiatus and resume on January 9, 2026. We wish all our readers a restful and joyous holiday season.