Blog Post

Election SLAPPs: Applying Anti-SLAPP Law Against Election Lawsuits That Damage Democracy

By Ethan Schafer. 

Election lawfare is nothing new; but since the 2020 election, the number of election lawsuits challenging valid election results has skyrocketed. This Comment examines this recent phenomenon and proposes that these lawsuits are Election Strategic Lawsuits Against Public Participation, or Election SLAPPs, lawsuits that interfere with public participation in voting and democracy. The solution to this problem is the creation of an Election SLAPP statute, a procedural mechanism that allows these lawsuits to be quickly dismissed from court if they are a means to an end.

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