I’ve updated my count of election litigation through 2013-and 14.

In the 2013-14 election season, the high rate of election litigation the country has witnessed since Bush v. Gore increased slightly.[1] With 266 cases in 2013 and 302 cases in 2014, the post-2000 average of “election challenge” litigation rises from 242.5 cases per year[2] to 248.5 per year. By contrast, the pre-Bush v. Gore average was 94 cases per year.

[1] For the data through 2010, and the methodology used to compute these figures, see Hasen, supra note 6, at 327, & n.9 & Fig. 3 (2011). For 2011-12, see Hasen, supra note 78, at 1871 & nn. 41-43. I have posted the 2013-14 data at [link to be provided].

[2] Hasen, supra note 78, at 1871.