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
Kentucky’s Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
Texas Primary Election Highlights the Hazards of Unnecessary Election Changes
A dubious change to procedures and competing court decisions caused voter confusion on March Election Day; the change will be reversed for the upcoming run-offs.
U.S. Supreme Court Asserts New Shadow Docket Powers Over State Courts
A stay granted in a New York redistricting case expands the Supreme Court’s emergency docket to encompass countless state court rulings.
Proposed Ballot Measure Would Limit Montana Legislature from Burdening Direct Democracy
The proposed measure is in reaction to legislative efforts to make it more difficult for citizens to amend the state constitution.
A Conversation with Michigan Supreme Court Justice Elizabeth Welch
Justice Elizabeth Welch was elected to the Michigan Supreme Court in 2020 and took the bench in January 2021. In her interview, Welch discusses the challenges of artificial intelligence, Michigan’s protection of natural resources, and the potential value in career disappointments.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
What We're Watching in the 2026 Elections
State Court Report’s new Election 2026 hub provides coverage of major legal and judicial developments shaping this election cycle.