Guess What! In 2022, “Republicans Lost and Voters Won in Court”

Yes, it’s true, though it may not have seemed this way. In addition to the defeat of some of the most extreme Big Liars last November, the year was marked by plenty of victories for voters seeking to exercise their rights–via the courts.

Much of the credit for these wins goes to Marc Elias and colleagues, whose indefatigable, nonstop litigation is ongoing. When state legislators and/or governors signal their intentions to make voting harder or nearly impossible, the Elias eagles soar in—often within days.

Sadly, in what is now a fact of life for Americans who are in the public eye fighting the good fight, Elias gets death threats. Fortunately, they seem to bolster his energy and determination.

In this issue of Democracy Docket, a newsletter I recommend (subscriptions are free; donations are welcome), the Elias folks provided an analysis of their work and the broad litigation scene over the past year. They “covered and tracked activity in the courts pertaining to voting rights, elections, redistricting, and democracy.”

They reported on a “steep jump in lawsuits filed by anti-voting advocates” in an election that saw a shift from “legislative chambers to courtrooms.” The litigation increased steadily as the November elections approached.

The good news is that “courts overwhelmingly protected the right to vote, particularly in advance of the midterm elections.”

Democracy Docket tracked a total of 175 new lawsuits in 31 states that were either “pro-voting” or “anti-voting.” Not surprisingly, more were anti-voting (93) than pro-voting (82). The anti-voting lawsuits involved restricting voter registration, making mail-in or in-person voting more difficult, and other tactics intended to suppress the vote. Pro-voting litigation was designed to protect or expand voters’ rights.

An interesting note: the numbers of anti-voting suits were similar to those filed in 2020 (95), but there were 27 more pro-voting lawsuits this year (55 in 2020, for a total of 82). Nice to see some proactive moves by the pro-democracy folks, don’t you think?

This analysis also examined the parties that were filing these lawsuits. The Republican party—including its various state and national entities—filed far more of these election challenges than did the Democrats (23 compared to seven).

Then there were the Big Liars who filed lawsuits in places like Arizona to protest the election results. Their party failed to back them (wonder why?). They probably fit into the numerous “fringe” anti-voting lawsuits that Democracy Docket monitored. Some of these—in Arizona, Kansas, Michigan, and elsewhere—were still beating the dead carcass of the former guy’s 2020 loss.

One important finding was that a majority of these lawsuits were filed in state courts, showing the central role the states and their constitutions are playing in our democracy—for better and worse.

Nearly sixty percent of the 133 lawsuits filed in state courts last year centered on democracy issues–that is, were voting-related, while only thirty-three percent of federal litigation pertained to vote suppression.

The biggest voting targets were vote-by-mail and election administration, with in-person voting and voter registration less often the focus. I found the percentage of voter registration cases (14%) interesting, as there have been so many stories about voters being disqualified due to alleged errors in registration.

Post-election, a total of 40 lawsuits were filed. Nine each centered on the election contests themselves or ballot counting/processing, four were on election certification, and three dealt with recounts. Another three were in a category called “other.” Apart from them, twelve suits involved Election Day Procedures and Election Day records requests.

It seems clear that we voters must keep a weather eye on our state courts as well as the federal benches. And all the elected officials responsible for every step of the election process are—we now know with greater certainty—people whose integrity and commitment to fair and unfettered access to elections and election reporting must be solid and unwavering.

As Marc Elias reminds us: Democracy Is On The Docket!

Annie