Also known as:rights to vote · voting right · voting rights · suffrage · franchise
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A fundamental constitutional right that permits eligible citizens to participate in elections for public officials by casting ballots.
2
The authority of a shareholder to cast votes on corporate matters, which may be transferred to a trustee or allocated by agreement.
Sense 1
1
Sense 1
A fundamental constitutional right that permits eligible citizens to participate in elections for public officials by casting ballots.
Examples4
Photo ID Requirement Applied
Rina Rahman arrives at the polls without a government-issued photo ID and is denied a ballot. State officials cite the need to confirm identity and deter fraud. The court sustains the denial because the identification rule advances election integrity without imposing an undue burden on the franchise.
Fundamental Right Invoked
Rowan Russell challenges a local ordinance that restricts household composition and claims it impairs the ability of family members to remain in the community and exercise the franchise. The court treats the right to vote as an interest that receives heightened protection under substantive due process. The ordinance is reviewed with attention to the weight of the asserted liberty interest.
Sense 2
2
Sense 2
The authority of a shareholder to cast votes on corporate matters, which may be transferred to a trustee or allocated by agreement.
Examples2
Voting Trust Established
Riley Rivera and two fellow shareholders sign an agreement and transfer their shares to a trustee. The trustee prepares the required list of beneficial owners and delivers it to the corporation. The arrangement takes effect once the shares are registered in the trustee's name.
Weighted Voting Agreement
Roger Ramirez and the other shareholders execute an agreement that allocates voting power by class and permits director proxies on specified matters. The agreement governs how votes are cast at the next annual meeting. The corporation records the terms as binding on the parties.
Each sense below has its own examples, sources, and questions.
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
Ballot Access Analogy
Ronald Reed argues that a state regulation on medical procedures imposes an unconstitutional barrier analogous to restrictions that make voting more difficult. The court notes that not every increase in difficulty automatically infringes the right to vote. The regulation is upheld because the state retains flexibility to structure the electoral framework.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Commission Structure Challenged
Rhea Reynolds objects to the composition of an election commission that includes non-voting ex officio members. The court examines whether the structure affects the fair administration of the right to vote. The arrangement is sustained because the voting members retain ultimate authority over enforcement decisions.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Frequently Asked3
Does a state photo ID requirement violate the right to vote?+
A state may require government-issued photo identification for in-person voting when the rule is evenhanded and advances interests in preventing fraud and maintaining public confidence in elections.
Is the right to vote treated as a fundamental liberty interest?+
The right to vote is recognized as a fundamental interest that receives heightened judicial scrutiny when state action impairs access to the franchise.
Does every regulation that makes voting more difficult infringe the right?+
Not every increase in the difficulty of voting automatically constitutes an infringement. States retain substantial flexibility to structure the electoral process.
Frequently Asked2
Can shareholders create a voting trust to exercise their voting rights?+
Shareholders may form a voting trust by signing an agreement and transferring shares to a trustee who then votes the shares according to the trust terms.
May shareholders agree to weighted voting or director proxies?+
Shareholders may enter agreements that allocate or divide voting power, including weighted voting rights and the use of director proxies on designated matters.
424 U.S. 1 (1976)Legislation and Regulation
…The Secretary of the Senate and the Clerk of the House of Representatives are ex officio members of the Commission without the right to vote. Two members are appointed by the President pro tempore of the Senate "upon the recommendations of the majority leader of the Senate and the minority leader of the Senate." Two more are…