Inside the RNC's legal fight over "election integrity"

Less than two months before the midterms, Republicans are fighting roughly 200 legal battles to try to impact elections, including several cases in which the GOP isn't officially participating but is paying legal fees or advising on strategy.

Driving the news: The Republican National Committee's vast roster of cases includes efforts to tighten voter ID rules in Montana, decrease ballot drop-off locations in Georgia, increase scrutiny of voter lists in New Jersey and Delaware, and boost access for election observers and challengers elsewhere.

• Five RNC officials described the scope of the party's nationwide "election integrity" effort to Axios. They said strict enforcement of voting laws and preventing noncitizens from registering and voting are top priorities — even as analysts say there's no evidence of any systemic or significant voter fraud.
• Separately, the Trump administration is pursuing criminal charges for any alleged voting law violations. Executive branch offices have told state election officials they're criminally liable for registering or allowing a noncitizen to vote. ICE also has been trying to obtain voter data to investigate cases.
• "We think we have better candidates, and therefore, if the rule of law is followed, we'll win," an RNC official said. "We just are there to make sure that you know officials are following what the laws are."

Zoom in: The GOP's legal effort is often opposed by Democratic Party committees and aligned law firms such as Marc Elias' Elias Law Group. One RNC official described being "ambushed" by the amount of litigation Elias' firm filed in a past election cycle.

• The Democratic National Committee and Elias' firm are arguing against Trump's executive order that called for restrictions on mail-in ballots, a voting method used by nearly one-third of U.S. voters.
• Elias' firm also is fighting the GOP's push to increase the requirements to verify voters' U.S. citizenship.

Critics claim that Republicans' cases often are aimed at restricting access to voting. RNC officials counter that they just want voting rules followed.

• Elias' firm did not respond to a request for comment.

What they're saying: After the 2020 election, Republicans "amped up their election law enforcement litigation," said Ken Cuccinelli, chair of the conservative Heritage Foundation's Election Transparency Initiative and a former deputy Homeland Security secretary in Trump's first term.

• "They have not at all caught up to the Democrat side, but they have really closed the gap and made themselves a meaningful presence in the litigation space in a way they never have before," he added.
• "Every single election cycle, both the Republicans and the Democrats are promoting how much litigation they're bringing, how many watchers they're recruiting," said David Becker, founder of the nonpartisan Center for Election Innovation & Research.
• "They might be stressing different things, of course, or focusing on different areas," but in modern elections, "this is very common," Becker said.

By the numbers: There were more than 300 election-related lawsuits in the 2024 election cycle, according to a tracker from the Elias-founded election law website, Democracy Docket.

• By October 2024, the RNC was part of 126 cases in 26 states, according to Steve Kenny, then the RNC's senior litigation counsel.

So far this cycle, the RNC's wins include stopping Democrats' congressional redistricting in Virginia, defending state election laws in Texas and Georgia, and stricter enforcement of polling place closing times in Wisconsin. Most of the current litigation is ongoing and more likely to shape future elections rather than the one on Nov. 3.

• "We want to make sure our elections are secure," for the midterms, one RNC official said. "But there's also a longer term play into 2028."
• The RNC declined to share its full case list, citing the privacy of the litigants it's supporting, strategically or financially, behind the scenes.
• The White House political staff and the White House counsel's office are among the stakeholders regularly updated on the RNC's work, the officials said. The White House didn't respond to a request for comment.

The intrigue: The GOP's legal actions are aligned with efforts to recruit Republicans to be poll workers and election watchers who will be the party's eyes and ears on the ground on Election Day — gathering information that could be used in future litigation.