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.
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2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
Major Election Rulings in Georgia, Nevada, and Pennsylvania
Courts in battleground states are weighing in on how and whether votes in this election will be counted.
Georgia Supreme Court Declines to Reinstate Controversial Election Rules
The rules would have encouraged county officials to refuse to certify election results in violation of state law.
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.
Pennsylvania Supreme Court Says Provisional Ballots Cast by Voters Whose Mail-Ballots Were Invalid Must Be Counted
The ruling denies the Republican National Committee’s appeal arguing that Pennsylvanians should not have a second chance to vote if their mail-in ballots are disqualified because they made a mistake
What’s at Stake in the 2024 Montana Supreme Court Elections
Races for two seats on the high court will shape the future of Montana law on criminal justice, environmental rights, and more.
2024 Ballot Measures That Could Impact State Courts
Voters in key states will consider judicial retirement ages and ethics.
Lawsuit Challenges New Rules for Election Certification in Georgia
The plaintiffs say the rules are meant to delay or prevent certification of accurate and fair elections.