Constitutional Law: Protection of Individual Rights: Substantive Due Process: Fundamental Rights: Right to Vote

  • Right to Vote – 1 person, 1 vote for federal, state, and local elections.
    • EXECEPTIONS: for special limited purpose districts, voting can be limited only to landowners and votes can be apportioned according to percentage of land owned (water board).
    • Property interest restricts are generally unconstitutional.

    • Reapportionment: geographical boundaries may not be defined so as to deny medical equality.

    • Gerrymandering: unconstitutional; deliberately distorting political district for partisan purposes.

    • Ballot access: Restriction on becoming an independent candidate upheld after strict scrutiny applied.
      • California blanked primary law allowing voters to cast ballots across party lines – violates parties right to choose own leaders; struck down under strict scrutiny.

    • Right to be a candidate: Not fundamental (RBR applies).
      • Age, payment of reasonable filing fee, reasonable residency requirements all come under rational basis.

    • On ESSAY:
      • The right to vote is a 15th Amendment issue.
      • Representation, apportionment, discrimination in voting come under the 14th Amendment equal protection analysis.
      • Durational Residency Requirements: Substantive Due Process 14th
        Amendment analysis.