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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2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Status of Partisan Gerrymandering Litigation in State Courts
Several lawsuits remain pending as state courts consider partisan gerrymandering challenges to voting maps.
Kentucky Supreme Court Weighs Partisan Gerrymandering
Voters are increasingly turning to state constitutions to fight partisan gerrymandering. Will the Kentucky Supreme Court be the next to greenlight such claims?
Efforts to Keep Trump Off 2024 Ballot Move Through State Courts
Courts are considering claims that Trump engaged in an insurrection and is disqualified from running for president under Section 3 of the 14th Amendment.
Documentary Tells Tale of Muskogee Nation Free Press Constitutional Amendment
Fifty Unique, Ever-Changing State Constitutions
Voters Amend State Constitutions Around the Country
Pennsylvania Supreme Court Election Could Shape Direction of State Law
The candidates for an open seat on Pennsylvania’s supreme court have very different approaches to legal interpretation.