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
Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.
The Wisconsin Constitution: Initial Adoption Fights and a Veto Power That’s Still Contested
The charter is a guide for safeguarding the state’s aim of self-determination.
Florida Courts and Politicians Ignored the People’s Message
Lawmakers are rigging districts for their own political purposes, and state courts are letting it happen.
Alabama’s New Maps Could Violate a Covid-Era Clause in the State Constitution
A 2022 amendment, proposed by Republicans as a reaction to the loosening of absentee voting requirements during the pandemic, forbids election changes less than six months before Election Day.
Florida Judge Refuses to Temporarily Block New State Congressional Map
Voting rights groups claim the new map, expected to result in four additional Republican seats, violates the Florida Constitution’s ban on partisan gerrymandering.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
The Maine Constitution: Like the State’s Population, Stubbornly Itself
The pragmatic 1820 document is one of the oldest still in use.
State Court Oral Arguments to Watch for in June
Issues on the dockets include crossover voting, a gun ban for young adults, transgender prisoners, and court reporter shortages.