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 Allows Abortion Ban, but Final Decision Will Go to Voters
The decision means that a 6-week ban will go into effect next month, but a proposed amendment protecting abortion will be on the Florida ballot in November.
How Dismissed Claims in Georgia Trump Case Could Be Resurrected
The conduct described in the indictment implicates several state constitutional provisions.
Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?
A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while ineligible.
What We’ll Be Watching in the 2024 Elections
Our new Election 2024 page that will collect stories that explain, contextualize, and track all the ways state courts and constitutions matter this election season.
Arizona Ballot Measure Would Make It Harder to Amend State Constitution
Procedural changes to the amendment process — like one proposed in Arizona — could have high stakes for democracy.
Texas Supreme Court Set to Consider Legislative Interference in Elections Administration
The case concerns the constitutionality of a law that abolishes the elections administrator position in just one county.
How State and Local Election Certification Works
The process is designed to withstand election denialism.
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.