Equal protections: elections

Question 1

One person, one vote

Answer 1

The right to vote requires districts of approximately equal size—i.e., approximately the same number of voters in each.

A state may draw its legislative districts on the basis of total population rather than eligible or registered voters.

The rule applies whenever representatives are elected by districts, e.g., the U.S. House, state legislatures, or local governments.

Question 2

Political gerrymandering

Answer 2

Although in theory it can violate equal protections, in practice it is never struck down because the Court has found the equal protections guarantee non-justiciable.

Question 3

One person, one vote: special purpose governments

Answer 3

There is a narrow exception to the rule for special purpose governments—e.g., those governing distribution of water rights—which can grant franchise based on the special purpose, e.g., acreage or water entitlements.

Question 4

One person, one vote: requisite precision

Answer 4

In drawing state districts, without evidence of discrimination, a variation of less than ten percent between the number of people based on total population in the smallest and largest districts does not establish a prima facie case for discrimination.

By contrast, near-mathematical precision is required when drawing U.S. congressional districts.