Election Law Litigation Remained at Double Its Pre-Bush v. Gore Rate

In two earlier articles, I showed how the rates of U.S. election litigation have more than doubled since the pre-2000 period. The data are described further in this National Law Journal article. My earlier articles tracked the data only through 2008. I have now, with the excellent assistance of the library staff at UCI Law, updated the figures for 2009 and 2010. The result: a very slight uptick in the number of cases, bringing the average post-2000 annual case figure from 237 to 239. (The pre-2000 figure is an average 94 cases per year.) You can find the updated data in Figure 3 in this updated version of my paper on the Supreme Court’s shrinking election law docket.


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