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
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Where Abortion Rights Will Be on the Ballot in 2024
Ten states will have abortion-related measures on the November ballot; most would amend their state constitutions to either affirm or expand protection for abortion care.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.
A Primer on Standing in State Courts
The Minnesota Supreme Court recently clarified the limits of “taxpayer standing” in a case challenging the restoration of voting rights to 60,000 people with felony convictions.
How Candidates Get on the Presidential Ballot
For third parties and independent candidates, ballot qualification is often a difficult journey.
Minnesota Supreme Court Considering Voting Rights Restoration Law
The court appears poised to leave in place the law, which returns the right to vote to as many as 60,000 people.