Voting Rights and Elections
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.
Filters
Redistricting Litigation Heats Up
In the wake of Callais, state courts are weighing a growing number of redistricting disputes.
Virginia’s Redistricting Effort and the Laborious Process to Amend its Constitution
The Virginia Supreme Court ruled that the legislature did not follow the proper process in its attempt to amend the state constitution to allow it to redraw the state’s congressional districts.
How Courts Evaluate Election Day Requests to Keep Polls Open Late
Various factors, including the harm to voters and the option for tailored and limited relief, play into whether judges will allow voting to continue past the scheduled closing time.
The Aftermath of Callais
The U.S. Supreme Court’s ruling will embroil state courts in a new wave of battles over gerrymandering and voting rights.
Missouri High Court Decision Offers Lessons About Advancing Voting Rights
The court blocked restrictions on voter registration efforts as violating free speech rights.
State Court Oral Arguments to Watch for in May
Issues on the dockets include mid-decade redistricting, defendants’ access to social media evidence, and mandatory judicial retirement.
The Nebraska Constitution: Creator of the Country’s Only Unicameral Legislature
The powers of initiative and referendum make the people the “second house.”
The Hawaii Constitution: Rooted in Culture and ‘Āina (Land)
With extensive protections for the environment, the Hawaii Constitution is a model for other states’ green amendments and public trust provisions.