4 Voting Rights Cases SCOTUS May Hear That Could Reshape Elections Could the future of elections in the United States be shaped by the Supreme Court? Voting rights cases are poised to be one of the most critical issues in upcoming SCOTUS rulings. As the nation braces for key decisions, the outcome of these cases could dramatically change how elections are conducted, who can vote, and the integrity of the electoral system. In this article, we explore 4 significant voting rights cases the U.S. Supreme Court may hear, and how these decisions could redefine democracy for millions of Americans.
The U.S. Supreme Court selects only a limited number of cases to hear each year during its term, which runs from October to December. Among the cases being considered, several could have a significant impact on voting rights. These cases address critical issues such as mail-in voting, voter registration, and felony disenfranchisement.
GOP Challenges Illinois Law on Post-Election Day Ballot Counting
In Illinois, mail-in ballots that are postmarked by Election Day can be counted up to two weeks after the election. However, three Republican legislators filed a lawsuit in May 2022 to challenge this state law. The lawsuit claims that allowing ballots to be counted after Election Day places a burden on candidates and election officials.
Both a federal district court and the 7th U.S. Circuit Court of Appeals dismissed the lawsuit in 2023 and 2024, ruling that the plaintiffs lacked standing to sue because they couldn’t show how the deadline harmed them. In November, Illinois Republican Congressman Michael Bost asked the U.S. Supreme Court to intervene, arguing that the ballot receipt deadline imposes unnecessary financial costs on candidates. They must monitor ballot receipt and counting for an additional two weeks to ensure accurate vote tallies.
If the Supreme Court takes up the case, its decision could affect nearly 20 states and U.S. territories that permit the counting of ballots received after Election Day. If the Court sides with the plaintiffs, it could pave the way for candidates to easily challenge ballot receipt deadlines, which might disenfranchise many voters, particularly military and overseas voters, whose ballots often don’t arrive on time.
Mississippi Voters Challenge Felony Disenfranchisement Laws
In Mississippi, a group of disenfranchised individuals has been fighting against the state’s felony disenfranchisement provision, Section 241 of the state constitution, which imposes a lifetime ban on voting for individuals convicted of certain felonies. This law was originally designed to disenfranchise Black voters when it was added to the state constitution in 1890.
The plaintiffs argue that the state’s voting rights restoration process is arbitrary and subjective, giving the legislature and governor too much power in deciding who can regain their rights. Around 9% of Mississippi residents are disenfranchised due to felony convictions, according to advocacy group MS Votes.
After a federal district court rejected their arguments in 2019, the plaintiffs appealed the case to the 5th U.S. Circuit Court of Appeals. In 2023, a three-judge panel ruled to strike down Section 241, but the full 5th Circuit court overturned the decision in 2024. The dissenting judges highlighted that Mississippi is one of only 11 states to permanently disenfranchise felons for offenses unrelated to elections, and one of only two states to disenfranchise first-time offenders convicted of non-violent crimes.
In November, the disenfranchised voters appealed the case to the U.S. Supreme Court, seeking to have the Court strike down Mississippi’s felony disenfranchisement provision. This case could have implications not only for Mississippi but also for the 10 other states that still impose lifetime voting bans for individuals convicted of certain felonies.
Redistricting and Gerrymandering Challenges
The debate over gerrymandering, where district lines are manipulated for political advantage, continues to be a hot-button issue. One of the cases SCOTUS might hear involves North Carolina’s district map, which has been accused of partisan gerrymandering. If SCOTUS decides to rule on this case, it could have a sweeping impact on how district boundaries are drawn, particularly for state legislatures and Congress.
- Key Issue: Whether partisan gerrymandering violates the Voting Rights Act or the Constitution.
- Potential Outcome: A decision to enforce stricter rules on redistricting could limit political manipulation of district lines, leading to more balanced elections.
Voter ID Laws and Accessibility
Another potential case involves the legality of voter ID laws that have been implemented in many states. Critics argue that these laws disproportionately affect marginalized communities, especially Black, Hispanic, and low-income voters. The Supreme Court may decide whether these laws violate the Voting Rights Act and the 14th Amendment protections.
- Key Issue: Whether strict voter ID requirements are discriminatory or necessary for election integrity.
- Potential Outcome: A ruling against voter ID laws could make voting more accessible to vulnerable communities, while a decision in favor could reinforce the need for more stringent voting protocols.
Felon Voting Rights
A landmark case could address whether felons should regain the right to vote after completing their sentences. Some states permanently disenfranchise individuals with felony convictions, while others restore voting rights after a waiting period. The Supreme Court might determine if blanket disenfranchisement violates the Voting Rights Act.
- Key Issue: The legality of states removing voting rights for individuals who have served their sentences.
- Potential Outcome: A ruling that mandates the restoration of voting rights to former felons could add millions of voters to the electorate, particularly in states like Florida and Iowa.
Voter Roll Purging Practices
Voter roll purging is another controversial topic that may be taken up by SCOTUS. Some states regularly remove voters from the rolls if they have not participated in elections for a period of time, raising concerns about voter suppression. The Supreme Court could decide whether purging voters without sufficient notification violates federal voting laws.
- Key Issue: Whether the process of removing voters from registration lists violates the National Voter Registration Act.
- Potential Outcome: A decision favoring stronger protections against purging could ensure that eligible voters remain on the rolls, preventing disenfranchisement.
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Conclusion
As we approach the next elections, the Supreme Court’s rulings on voting rights will likely have far-reaching consequences for American democracy. Redistricting, voter access, felon voting rights, and voter purges are all on the line. The outcome of these cases could either reinforce protections for voters or roll back critical reforms. It’s crucial for voters to stay informed and engaged with the legal landscape that directly impacts their rights at the ballot box.
FAQs
1. What is gerrymandering?
Gerrymandering is the manipulation of electoral district boundaries to favor one political party over another.
2. Will SCOTUS change voter ID laws?
If SCOTUS hears the case, it could rule on whether voter ID laws are discriminatory or necessary for ensuring election integrity.
3. How could felon voting rights change?
A ruling could restore voting rights to individuals with felony convictions, increasing voter participation in some states.
4. What is voter roll purging?
Voter roll purging involves removing voters from the registration list if they haven’t participated in elections for a while, potentially leading to disenfranchisement.
5. Why is the Voting Rights Act important?
The Voting Rights Act protects citizens from discrimination in voting, ensuring equal access for all, regardless of race or background.
6. How will SCOTUS cases impact future elections?
These cases could reshape voting access, influencing election outcomes and voter representation across the U.S.
