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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Scholarship Roundup: Giving State Law Its Due
State institutions have a major impact on people’s everyday lives — often more than their federal counterparts.
Judicial Whiplash in North Carolina Redistricting Case
The new court majority reversed itself and found the state constitution powerless to confront partisan gerrymandering.
‘Marsy’s Law’ Challenges Highlight Conflicts with Other Constitutional Rights
Decisions are expected soon from supreme courts in Wisconsin and Florida.
North Carolina Supreme Court Unleashes Partisan Gerrymandering
The court also upheld voter ID and felony disenfranchisement.
NC Supreme Court Upholds Law Barring People on Probation and Parole from Voting
While state courts have been skeptical of judicial remedies, momentum for legislative responses is growing.
North Carolina Supreme Court Upholds Voter ID Law 5 Months After Striking It Down
A conservative majority held that the law was not racially discriminatory, reversing the court’s prior ruling.
Washington Supreme Court to Hear Challenge to State Voting Rights Act
Oral argument is set for May 11 in a challenge under the 14th Amendment and state constitution.
The Racist History of State Constitutions Taking Voting Rights from People Convicted of Crimes
Two court decisions raise questions about whether modifying discriminatory provisions can wash away their dubious histories.