Leadership and Election Litigation in State Supreme Courts

Abstract

Elections in the American states are important mechanisms for legitimizing state governments by facilitating the involvement of citizens in electing political leaders. Elections, however, receive scrutiny through challenges in state courts on issues such as contested elections and the structure and context of election ballots. Capitalizing on attention to the role of leadership in institutional maintenance, the analysis presented examines the effects of leadership and other essential political and legal characteristics on building decision consensus in election cases. An empirical test using 203 election decisions by state supreme courts from 1995 to 1998 illustrates that, among other factors, the authority of leadership facilitates consensus where considered jointly with the resources of courts, the state as a litigant, and internal rules that prioritize seniority.

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