Does the fact that a state law touches on the right to vote in a general election need to be reviewed in strict scrutiny?

California, United States of America


The following excerpt is from Board of Supervisors v. Local Agency Formation Com., 13 Cal.Rptr.2d 245, 3 Cal.4th 903, 838 P.2d 1198 (Cal. 1992):

The mere fact, however, that a state law touches on the right to vote does not necessarily require the application of strict scrutiny. (Burdick v. Takushi (1992) 504 U.S. 428, ----, 112 S.Ct. 2059, 2062, 119 L.Ed.2d 245, 252.) Rather, "the 'compelling

Page 252

Other Questions


Does a state court's application of ordinary rules of evidence generally infringe a defendant's general right to offer a defense through his or her witnesses? (California, United States of America)
In reviewing a claim that the Miranda rights were violated, how have courts reviewed the evidence in the context of Miranda rights claims? (California, United States of America)
Under what strict scrutiny standard of review, is the state required to establish that it has a compelling interest? (California, United States of America)
When reviewing a claim of a violation of the constitutional right to confront, does the court apply the de novo standard of review? (California, United States of America)
Does a defendant have the right to waive their right to counsel and elect to represent themselves? (California, United States of America)
Does a defendant have a constitutional right to challenge the findings of a state evidentiary law review? (California, United States of America)
Does the Attorney General's allegation that a prosecutor made an election of the specific threat underlying count 5, criminal threat to children constitute a prosecutorial election? (California, United States of America)
When will the California State Bar's disciplinary review department be bound by the findings of fact of the State Bar? (California, United States of America)
What is the state's sovereign right to protect the general welfare of the people? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.