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
DeSantis and His Allies Go to War Against Direct Democracy
In a blatant power grab, the Florida governor and some legislators seek to remove one of the only remaining checks on their authority.
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.
Washington Supreme Court to Assess How Closely to Scrutinize Voting Restrictions
The court will decide whether its state constitution provides stronger protection for voters than the federal counterpart.
High Stakes Supreme Court Elections in Wisconsin and Pennsylvania
With court majorities at stake in both states, 2025 may see the most expensive judicial elections ever.
In North Carolina, an Attempt to Overturn a Supreme Court Election
The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
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.
The Utah Constitution Is ‘Distinctively Undistinctive’
The original charter sought to limit the influence of the state’s distinct religious history.