Nearly every state constitution includes an explicit right to vote, and many state constitutions have “free election” provisions, as well as provisions relating to redistricting, voter eligibility and registration, ballots access, and more. State constitutions also guarantee equal protection, speech, assembly, and other rights. State constitutions have taken on greater significance in the aftermath of Rucho v. Common Cause, in which the U.S. Supreme Court ruled that the Constitution cannot be used to address partisan gerrymandering, and a series of Supreme Court decisions limiting voters’ rights under the 14th and 15th Amendments and the Voting Rights Act.
State supreme courts around the country are being presented with challenges to voting district maps that are gerrymandered along partisan or racial and ethnic lines, litigation regarding ballot initiatives and ballot access, and challenges to laws that restrict voter eligibility or access, including reduced voting hours, felony disenfranchisement, or onerous voter identification requirements.
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Texas Supreme Court Considers Legislative Interference in Elections Administration
The case concerns the constitutionality of a law that abolishes the elections administrator position in just one county.
Wisconsin Supreme Court Will Consider Voting Maps with All Justices Participating
Justice Janet Protasiewicz declined to recuse herself from a challenge to the state’s legislative maps, while Republican legislators may be stepping back from impeachment threats.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
Pennsylvania Supreme Court Election Could Shape Direction of State Law
The candidates for an open seat on Pennsylvania’s supreme court have very different approaches to legal interpretation.
Voters Amend State Constitutions Around the Country
Ohio enshrined a right to abortion in the state constitution.
People with Felony Records Face High Hurdles to Regaining Voting Rights in Tennessee
A recent Tennessee Supreme Court case that made it harder for those convicted of a felony to vote could could tip the balance in close elections.
Florida Supreme Court to Decide Whether Marijuana Legalization Can Be Put to Voters
The interplay between state and federal drug laws is at the center of the case.
Why State Constitutions Matter on Election Day
Two new explainers examine voting rights under state constitutions and how state courts oversee ballot initiatives.