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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How Elections Are Certified in Battleground States
State laws require officials to certify results, and safeguards are in place should someone fail to fulfill that obligation.
Former Ohio Chief Justice on Democracy, Gerrymandering, and Ukraine
In an interview, retired Ohio Chief Justice Maureen O’Connor spoke about her push for citizen-led redistricting in Ohio and recent trips to Ukraine advising on fair courts.
How Years of Legislative Maneuvering Shaped this Year’s Judicial Elections
The outcomes in races in Ohio and North Carolina will be determined in part by legislatures that altered election rules to benefit their allies.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
State Court Oral Arguments to Watch for in October
Issues on the dockets include mail-in voting, line-item vetoes, and life-without-parole sentences.
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.