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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Florida Supreme Court to Decide Whether Marijuana Legalization Can Be Put to Voters
The interplay between state and federal drug laws is at the center of the case.
Why State Constitutions Matter on Election Day
Two new explainers examine voting rights under state constitutions and how state courts oversee ballot initiatives.
The Stakes in Pennsylvania’s Supreme Court Election
The outcome could have big implications for abortion rights, elections, and more.
Voting Rights Under State Constitutions, Explained
All but one state constitution affirmatively establishes a right to vote.
A Brief History of Colorado’s Constitution
Colorado’s constitutional history provides an ambivalent promise of human rights and social equality.
How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
Washington Voters Used Their Constitutional Recall Power to Remove School Board Members
The Washington Supreme Court approved the recall effort despite the state constitution’s strict requirements for recalling officials.
Victims’ Rights Meet State Constitutions
The Maryland Supreme Court is considering appeals in the murder case of Adnan Syed, made famous by the “Serial” podcast.