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
Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?
A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while ineligible.
What We’ll Be Watching in the 2024 Elections
Our new Election 2024 page that will collect stories that explain, contextualize, and track all the ways state courts and constitutions matter this election season.
Arizona Ballot Measure Would Make It Harder to Amend State Constitution
Procedural changes to the amendment process — like one proposed in Arizona — could have high stakes for democracy.
Texas Supreme Court Set to Consider Legislative Interference in Elections Administration
The case concerns the constitutionality of a law that abolishes the elections administrator position in just one county.
Iowa Lawsuit Tests Boundaries of Legislative Privilege
The state’s highest court will consider whether state legislators can be ordered to produce communications with members of the public in a voting rights case.
Democracy in State Constitutional Law
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
Single-Subject Rules Can Prevent Perverse Outcomes but Give Judges Enormous Power
Single-subject requirements were used to strike down a Missouri law criminalizing homelessness and also helped undermine attempts to protect abortion access in other states.