Also known as:elective franchises · suffrage · voting rights · franchise
Written by attorneys · grounded in primary & secondary sources — see below
A right conferred by law to participate in selecting public officials or corporate directors by casting a ballot. The right encompasses both the authority to vote and the allocation of voting power among eligible participants.
Sources & Authorities· 18 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Shareholder Voting Agreement
Elliot Edmonds and Eva Espinosa, shareholders in a closely held corporation, enter an agreement allocating weighted voting rights so that Elliot's shares carry double votes on director elections. When a board deadlock arises, the agreement governs how their combined votes determine the outcome without requiring equal per-share voting.
Campaign Finance Limits
Ezra Eastman, a political candidate, challenges restrictions on independent expenditures by corporations. The court upholds the limits because they regulate the exercise of the right to influence elections without banning corporate speech outright.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Legislative District Challenge
Edward Everett, a voter in an urban district, sues over malapportioned state legislative seats that dilute his ballot's impact. The court finds the claim justiciable because unequal districting directly impairs the right to an equally effective vote.
Baker v. Carr369 U.S. 186, 211
Jury Service Exclusion
Eric Espinoza, a Black defendant, objects to a jury drawn from a pool that systematically excludes Black citizens. The court holds that the exclusion violates the right to a jury selected from a fair cross-section of the community.
Duncan v. Louisiana391 U.S. 145, 166 (1968)
Company Town Access
Emanuel Escobar, a resident of a privately owned town, seeks to distribute political leaflets on the main street. The court treats the town's streets as equivalent to public property, protecting the right to engage in political speech there.
Marsh v. Alabama326 U.S. 501 (1946)
Ballot Initiative Ban
Emerald Enterprises, a political advocacy group, challenges a state constitutional amendment that bars any law protecting gay citizens from discrimination. The court invalidates the amendment because it singles out one group and withdraws its access to the political process.
Romer v. Evans517 U.S. 620 (1996)
Common questions
Frequently Asked
2
Does the elective franchise extend to corporate director elections?+
Yes. Corporate statutes permit shareholders to allocate voting power through agreements that govern director selection and weighted voting, directly affecting how the franchise is exercised inside the corporation.
Can states limit the elective franchise by requiring property ownership?+
No. Restrictions on the franchise in general elections that condition voting on property ownership violate equal protection and must satisfy strict scrutiny.
424 U.S. 1 (1976)Legislation and Regulation
…States , 422 U. S. 358, 379 (1975) (BRENNAN, J., dissenting). We also draw on the Court's practice in the apportionment and voting rights cases and stay, for a period not to exceed 30 days, the Court's judgment insofar as it affects the authority of the Commission to exercise the duties and powers granted it under the Act.…