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
2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
New Jersey Considers Challenge to its Ban on Fusion Voting
The practice, which allows multiple political parties to nominate the same candidate for the same office, ensures third parties can meaningfully participate in the electoral process.
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.
Arizona and North Dakota Voters Reject Efforts to Curb Direct Democracy
Lawmakers asked voters to surrender some of their power to place issues directly on state ballots. Voters refused.
Very Close Race for North Carolina Supreme Court Seat
Key judicial races in other states brought an expanded Democratic majority in Michigan and solidified GOP control in Ohio.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality
As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.