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
How Much Is Too Much in a Bill or Amendment?
A recent New Mexico Supreme Court opinion highlights how single-subject rule decisions in many states give legislators and courts little guidance.
Alaska Supreme Court Strikes Down Gerrymandered Districts
A landmark decision firmly establishes that partisan gerrymandering violates the Alaska Constitution.
What’s Next in Wisconsin
Republican state legislators threaten to upset long-standing norms of judicial independence.
The Stakes in Wisconsin’s Supreme Court Election
Abortion access, voting district maps, and executive powers all hang in the balance.
Stare Decisis in the Spotlight
North Carolina’s reconfigured supreme court will hear two recently decided democracy cases.
Voter ID Law Struck Down by North Carolina Supreme Court
A closely divided court held that the law was racially discriminatory, but the ruling’s impact may not survive under the court’s new conservative majority.
Risks Ahead in SCOTUS 'Independent State Legislature Theory' Case
Dangers remain as the justices explore a different path for deciding Moore v. Harper.