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
Florida Judge Refuses to Temporarily Block New State Congressional Map
Voting rights groups claim the new map, expected to result in four additional Republican seats, violates the Florida Constitution’s ban on partisan gerrymandering.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
The Maine Constitution: Like the State’s Population, Stubbornly Itself
The pragmatic 1820 document is one of the oldest still in use.
State Court Oral Arguments to Watch for in June
Issues on the dockets include crossover voting, a gun ban for young adults, transgender prisoners, and court reporter shortages.
Redistricting Litigation Heats Up
In the wake of Callais, state courts are weighing a growing number of redistricting disputes.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
Virginia’s Redistricting Effort and the Laborious Process to Amend its Constitution
The Virginia Supreme Court ruled that the legislature did not follow the proper process in its attempt to amend the state constitution to allow it to redraw the state’s congressional districts.
How Courts Evaluate Election Day Requests to Keep Polls Open Late
Various factors, including the harm to voters and the option for tailored and limited relief, play into whether judges will allow voting to continue past the scheduled closing time.