States in blue have amendments which contain mandates for free, equal and/or open elections and prohibiting interferences with the right to free suffrage. States in green-brown have amendments which contain exceptions to this right for those convicted of felonies. Alabama, in green, does not explicitly contain the word "free", but does prohibit "all undue influences from power, bribery, tumult, or other improper conduct".
A free elections law, also known as a free and equal elections clause, is a section in many U.S. state constitutions which mandates that elections of public officials shall be free and not influence by other powers. Most such laws were placed into state constitutions in the late 18th and early 19th century.
Free elections laws
| State | Text | Section | First introduced | Still in force? | Notes |
|---|---|---|---|---|---|
| Alabama | "The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult, or other improper conduct." | Ala. Article I, § 3. | 1819 (since modified) | Yes | The original free elections law codified "the privilege of free suffrage" in 1819, but the word "free" was removed in the 1865 Constitution onward. |
| Arizona | “All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Ariz. Const. art. II, § 21 | 1910 | Yes | |
| Arkansas | “Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof.” | Ark. Const. art. 3, § 2 | 1836 | Yes | Kept in force in the current Constitution of 1874 |
| California | “The Legislature shall define residence and provide for registration and free elections.” | Cali. Const. art. II, §3 | 1849 (since modified) | Yes | The 1849 Constitution's free elections law protected "the privilege of free suffrage" from "all undue influences". This was amended in the 1879 version. |
| Colorado | “All elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Colo. Const. art. II, § 5 | Yes | ||
| Connecticut | “Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and conducting meetings of the electors, and prohibiting, under adequate penalties, all undue influence therein, from power, bribery, tumult and other improper conduct.” | Conn. Const. art. VI, §4 | Yes | ||
| Delaware | “All elections shall be free and equal.” | Del. Const. art. I, § 3 | Yes | ||
| Idaho | “No power, civil or military, shall at any time interfere with or prevent the free and lawful exercise of the right of suffrage.” | Idaho Const. art. I, § 19 | Yes | ||
| Illinois | “All elections shall be free and equal.” | Ill. Const. art. III, § 3 | Yes | ||
| Indiana | “All elections shall be free and equal.” | Ind. Const. art. 2, § 1 | 1851 | Yes | |
| Kentucky | “All elections shall be free and equal.” | Ky. Const. § 6 | Yes | ||
| Maryland | “That the right of the People to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose, elections ought to be free and frequent; and every citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.” | Md. Dec. of R. art. 7 | Yes | ||
| Massachusetts | “All elections ought to be free; and all the inhabitants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments.” | Mass. Const. pt. 1, art. IX | Yes | ||
| Missouri | “That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Mo. Const. art. I, § 25 | Yes | ||
| Montana | “All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Mont. Const. art. II, § 13 | Yes | ||
| Nebraska | “All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.” | Ne. Const. art. I, § 22 | Yes | ||
| New Hampshire | “All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election.” | N.H. Const. pt. 1st, art. 11 | Yes | ||
| New Mexico | “All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | N.M. Const. art. II, § 8 | Yes | ||
| North Carolina | “All elections shall be free.” | N.C. Const. art. I, § 10 | Yes | ||
| Oklahoma | “All elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage, and electors shall, in all cases, except for treason, felony, and breach of the peace, be privileged from arrest during their attendance on elections and while going to and from the same.” | Okl. Const. art. III, § 5 | Yes | ||
| Oregon | “All elections shall be free and equal.” | Ore. Const. art. II, § 1 | 1857 | Yes | |
| Pennsylvania | “Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Pa. Const. art. I, § 5 | Yes | ||
| South Carolina | “All elections shall be free and open, and every inhabitant of this State possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.” | S.C. Const. art. I, § 5 | Yes | ||
| South Dakota | “Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | S.D. Const. art. VII, § 1 | Yes | ||
| Tennessee | “The elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by court of competent jurisdiction.” | Tenn. Const. art. I, § 5 | Yes | ||
| Texas | “The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice.” | Tex. Const. art. VI, § 2(c) | Yes | ||
| Utah | “All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Utah Const. art. I, § 17 | Yes | ||
| Vermont | “That all elections ought to be free and without corruption, and that all voters, having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution.” | Vt. Const. ch. 1, art. 8 | Yes | ||
| Virginia | “That all elections ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed, or deprived of, or damaged in, their property for public uses, without their own consent, or that of their representatives duly elected, or bound by any law to which they have not, in like manner, assented for the public good.” | Va. Const. art. I, § 6 | Yes | ||
| Washington | “All Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” | Wash. Const. art. I, § 19 | Yes | ||
| Wyoming | “Elections shall be open, free and equal, and no power, civil or military, shall at any time interfere to prevent an untrammeled exercise of the right of suffrage.” | Wyo. Const. art. I, § 27 | Yes |
Role in anti-gerrymandering litigation and measures
On February 4, 2022, the North Carolina Supreme Court ruled 4-3 against both congressional and legislative maps drawn by the North Carolina General Assembly's Republican majority on the grounds of the maps violating the free elections clause.[1]
In addition, as of 2020, the state constitutions of California, Washington, Montana, Idaho, Arizona, Colorado and Virginia all provide for both free elections mandates and for redistricting commissions to redraw congressional, legislative and additional districts.
References
- ↑ Ethan Cohen (5 February 2022). "North Carolina Supreme Court strikes down redistricting maps". CNN. Retrieved 2022-02-06.
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