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
Iowa Lawsuit Tests Boundaries of Legislative Privilege
The state’s highest court will consider whether state legislators can be ordered to produce communications with members of the public in a voting rights case.
Democracy in State Constitutional Law
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
How Closely Should State Courts Scrutinize Laws that Restrict Voting?
Cases pending in Kansas and Idaho will impact how easy it is for those states to implement laws burdening the right to vote.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
Single-Subject Rules Can Prevent Perverse Outcomes but Give Judges Enormous Power
Single-subject requirements were used to strike down a Missouri law criminalizing homelessness and also helped undermine attempts to protect abortion access in other states.
A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
Why Have States Diverged on Trump’s Ballot Eligibility?
As the U.S. Supreme Court considers whether Trump should be disqualified from the 2024 ballot, it’s worth exploring how state law has impacted outcomes in different states.
Scholarship Roundup: That’s a Wrap on 2023