Also known as: voting right
Written by attorneys · grounded in primary & secondary sources — see below
An entitlement or power to participate in decision-making by casting votes. The power may be allocated by statute, articles of incorporation, declaration, or constitutional provision and may be exercised directly or by proxy.
Victoria Vernon and Victor Vargas, the two largest shareholders of Vortex Energy, sign an agreement that gives each of them three votes per share on director elections while smaller holders receive one vote per share. The agreement is delivered to the corporation and recorded in the minutes. When the next election occurs, the weighted votes determine the board composition without challenge.
After a city adopts a new identification requirement that disproportionately affects minority voters, Congress enacts a statute suspending the requirement in jurisdictions with a documented history of discrimination. When the statute is challenged, the court holds that it is not congruent and proportional to identified constitutional violations and therefore exceeds Congress's enforcement authority.
Select any source to read its text and confirm it supports the definition.
Vanessa Vega and other residents of an urban county allege that the state legislature's redistricting plan dilutes their votes by packing urban populations into a single district. The court accepts jurisdiction and proceeds to the merits of the equal-protection claim.
Congress passes a law creating a private right of action against private individuals who interfere with voting. When a defendant challenges the statute, the court holds that the remedy is not directed at state action and therefore exceeds Congress's enforcement authority under the Fourteenth Amendment.
Valdez Steel, a corporation, produces and distributes a documentary critical of a political candidate shortly before an election. The court holds that the corporation's expenditures constitute protected political speech rather than a prohibited contribution.
Violet Vang, a Virginia resident, is denied the opportunity to register to vote because she cannot pay the state's annual poll tax. The court strikes down the tax as an impermissible burden on the fundamental right to vote under the Equal Protection Clause.
The Act permits shareholders to agree on the exercise or division of voting power, including weighted voting and director proxies. Such agreements are enforceable when they satisfy the statutory formalities and are delivered to the corporation.
Supporting sources
Congress may enact legislation that is congruent and proportional to identified constitutional violations. Remedies directed at private conduct or based on stale data may exceed enforcement authority under principles of equal sovereignty.
Supporting sources
Yes. Federal courts may adjudicate claims that a redistricting plan dilutes votes in violation of the Equal Protection Clause, provided the claim presents a manageable standard.
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No. A poll tax that conditions the right to vote on payment of a fee violates the Equal Protection Clause because it burdens a fundamental right without a compelling justification.
…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.…