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.
Filters
The Supreme Court and the States
U.S. Supreme Court Affirms State Courts’ Role in Election Cases
Utah Supreme Court to Hear Gerrymandering Challenge
Washington Supreme Court Unanimously Upholds the State’s Voting Rights Act
Scholarship Roundup: Giving State Law Its Due
Judicial Whiplash in North Carolina Redistricting Case
‘Marsy’s Law’ Challenges Highlight Conflicts with Other Constitutional Rights
Decisions are expected soon from supreme courts in Wisconsin and Florida.
North Carolina Supreme Court Unleashes Partisan Gerrymandering