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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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.
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.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
Iowa Lawsuit Tests Boundaries of Legislative Privilege
The state’s highest court will consider whether state legislators can be ordered to produce communications with members of the public in a voting rights case.