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Ruth Greenwood & Sarah A. Sadlier, Voting Under State Law, in Oxford Handbook of American Election Law (forthcoming 2024).


Abstract: As the environment for litigation and legislative advocacy becomes increasingly hostile at the federal level, many have turned to state legislative advocacy and state court litigation to protect and promote voting rights. This chapter does not discuss every important reform, nor every troubling restriction, being considered at the state level, but rather outlines some key categories of laws that help, or hinder, historically disenfranchised communities with respect to voting. The first part focuses on some of the main ways that people of color, people with disabilities, young voters, and people involved in the criminal justice system are affected by state voting laws. Part two looks at the relatively recent development of state voting rights acts that seek to provide protections for people of color as federal protections are eroded, and even go well beyond the types of protections that have historically been provided by federal legislation.