Election litigation rates in the United States have been soaring, with rates nearly tripling from the period before the 2000 election compared to the post-2000 period. In 2020, election litigation rates increased almost 26 percent over rates in 2016, the year of the immediately prior United States presidential election. But future trends are uncertain. This short Research Note describes and analyzes new data through 2020 on trends in U.S. election litigation, explains whether litigation rates are likely to continue to rise in the future, and briefly discusses whether this trend is normatively good or bad.
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