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
Status of Partisan Gerrymandering Litigation in State Courts: A Mid-Year Roundup
Ahead of 2024, voters have increasingly turned to state courts to challenge gerrymandered districts.
The Supreme Court and the States
This term, the justices considered cases with widely varying outcomes and major implications for state courts.
U.S. Supreme Court Affirms State Courts’ Role in Election Cases
The Court rejected claims that state legislatures are “independent” while signaling it could review extraordinary state court rulings in federal election cases.
Utah Supreme Court to Hear Gerrymandering Challenge
State courts in Utah are the latest to consider whether partisan gerrymandering gives rise to an actionable claim under state law.
Washington Supreme Court Unanimously Upholds the State’s Voting Rights Act
The high court forcefully rejected a constitutional challenge to state law protections against discrimination in local elections.
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.