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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Fight Over Employment Status of Uber and Lyft Drivers Moves Through State Courts
Ridehail and delivery drivers are pushing for greater workplace protections in California and Massachusetts.
Delaware and Wisconsin Supreme Courts Protect Ballot Access
As the election nears, courts across the country are hearing challenges to measures making it easier to vote.
Status of Partisan Gerrymandering Litigation in State Courts
Utah’s high court sent a closely watched challenge to the state’s congressional maps back to the lower court.
Kansas Supreme Court Declares Voting Is Not a Fundamental Right
The decision makes it more likely that laws restricting voting rights in Kansas will be upheld, though protections for voting remain.
State Supreme Court Elections to Watch in 2024
Key races in Michigan, Montana, Kentucky, and Ohio will shape state law on reproductive rights, criminal justice, and much more.
How Closely Should State Courts Scrutinize Laws that Restrict Voting?
The level of judicial review can be the decisive factor in whether a law burdening the right to vote is upheld.
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.
Ballot Initiatives that Protect Abortion Rights Depend on Fair State Courts
From interpreting language to determining legality, state courts play a large role in efforts to protect abortion through ballot initiatives.