Citizen Standing and Election Enforcement Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 23, 2026

Task Forces

  • Process and Procedures

    • Tags

  • 2026 Annual Meeting

    • Summary

    This model policy gives citizens express statutory standing to enforce election laws in court, while requiring a particularized injury and preserving safeguards against generalized or frivolous claims. It is designed as a stand-alone enforcement measure and can also function as a companion to an administrative complaint act. 
    Draft

    Citizen Standing and Election Enforcement Act

    Section 1. Title  

    This Act may be cited as the “Citizen Standing and Election Enforcement Act.”  

    Section 2: Purpose. 
    The purpose of this Act is to provide clear statutory standing for citizens to enforce election laws in court, to ensure targeted and non-frivolous challenges based on particularized injury, and to secure effective remedies and fee-shifting where enforcement confers a substantial public benefit.  

    1. Section 3: Definitions. 
      As used in this Act:  
    • (A) “Election laws” means Title III of the Help America Vote Act of 2002 (52 U.S.C. §§ 21081–21085) and all provisions of the [State election code] governing elections, voter registration, ballot processing, voting equipment, canvassing, certification, audits, and related procedures.  
    • (B) “Citizen” means a United States citizen who is a registered voter or eligible elector in this State.  
    • (C) “Particularized injury” means a concrete and individualized harm to the plaintiff that is fairly traceable to an alleged violation of election laws and likely to be redressed by a favorable decision.  

    Section 4: Citizen Standing To Enforce Election Laws.  

    • (A) Any Citizen may bring a civil action in a court of competent jurisdiction to enforce election laws  
    • (B) Available causes of action include:  
      1. mandamus to compel performance of a clear legal duty under election laws;  
      2. injunctive relief to prevent ongoing or threatened violations;  
      3. declaratory judgment regarding the meaning or application of election statutes; and  
      4. any other remedy authorized by law against officials or jurisdictions that fail to comply with statutory requirements.  

    Section 5: Requirement Of Particularized Injury.  

    • (A) A citizen-initiated lawsuit under this Act must plead and prove a particularized, concrete injury to the plaintiff.  
    • (B) Standing shall not be conferred based solely on:  
      1. generalized grievances about government or policy;  
      2. ideological disagreement; or  
      3. speculative future harm asserted without individualized injury to a named plaintiff.  
    • (C) An organization may participate as a plaintiff or co-plaintiff only if at least one named member meets the standing requirements of this Section and the claims are germane to the organization’s purposes.  

    Section 6: Judicial Review of Administrative Election Decisions.  

    • (A) Any party aggrieved by a final decision, or any comparable state election-administration process, may seek judicial review in accordance with that Act and this Section.  
    • (B) Unless otherwise provided by law, such appeals shall be heard de novo; the court may receive additional evidence and is not bound by any administrative findings.  
    • (C) Courts shall expedite proceedings under this Section to the extent practicable in light of election deadlines and certification requirements.  

    Section 7: Remedies, Attorney’s Fees, And Costs.  

    • (A) In an action under this Act, a court may order appropriate relief to remedy a violation and prevent recurrence, including declaratory or injunctive relief, writs of mandamus, orders directing corrective action in election procedures, and any other relief authorized by law.  
    • (B) A court may award reasonable attorney’s fees and costs to a prevailing citizen plaintiff where enforcement of election laws confers a substantial public benefit.  
    • (C) A court may award reasonable attorney’s fees and costs to a prevailing defendant if it finds that the plaintiff’s action was frivolous, vexatious, or brought in bad faith.  

    Section 8: Severability; Effective Date.  

    • (A) If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application, and the provisions of this Act are severable.  
    • (B) This Act shall take effect [upon passage / January 1 of the following year] and shall apply to actions filed on or after that date.