Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 275. (The Stanford-MIT Healthy Elections Project also has a really useful sortable database of these cases, with more info.)
A reminder: the number in each state isn’t necessarily a good indication of the contentiousness of the issues: any individual case may be “big” or “small” — or a good case or a shoddy one — and some of these cases are essentially repeat claims of others. But overall, that’s still an awful lot of legal paper.
There’s an upside to some of this: with litigation brought in March, April, or May, as the pandemic reached the primaries, we got resolution of some pretty contentious issues in June, July, August, September, and squeaking into October. That’s less to fight about in November. Which is good for everyone. There are some new cases, mostly asking for very tailored relief, and a few bomb-throwers that will be tossed out of court. Most of the cases are now done.
These are just the cases I know of — I’m sure I’m missing some. State court cases are particularly difficult to track. I think that five states have been spared so far (Kansas, Nebraska, Washington, West Virginia, and Wyoming) … but if you know of a COVID-related election case I’m missing here, please let me know.