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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Victims’ Rights Meet State Constitutions
Mississippi Supreme Court Blocks Part of Law Changing How Jackson Judges Are Selected
State Judges Must Guard Their Independence
Catching Up with State Courts
Campaign Cash and Judicial Outcomes
New Hurdles for Citizen Ballot Initiatives
Expanding Local Voter Power in Georgia
Status of Partisan Gerrymandering Litigation in State Courts: A Mid-Year Roundup
Ahead of 2024, voters have increasingly turned to state courts to challenge gerrymandered districts.