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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The Arizona High Court Upheld A 160-Year-Old Abortion Ban. Now What?
Abortion law expert David Cohen talks about Arizona’s ongoing abortion litigation, a possible abortion amendment in the state, and the biggest threats to abortion rights nationwide.
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
The New Battle Over Youth Disenfranchisement
Laws curbing same-day registration and student ID use could stifle youth voter turnout.
Montana Strikes Down Voting Restrictions
At issue was a series of state laws passed in 2021 that created new hurdles for voting, such as eliminating Election Day voter registration and a ban on paid absentee ballot collection.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
Wisconsin to Vote on Proposed Amendments That Could Make Running Elections Harder
If approved, the changes could leave election administration underfunded and understaffed.
All Law Students Should be Educated About State Constitutions
Fortunately, there is a resource that makes it easy to incorporate state constitutions into the first-year constitutional law course.
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.