Cite as: 594 U. S. ____ (2021)
19
Opinion of the Court
other available means.
5. Finally, the strength of the state interests served by a
challenged voting rule is also an important factor that must
be taken into account. As noted, every voting rule imposes
a burden of some sort, and therefore, in determining “based
on the totality of circumstances” whether a rule goes too far,
it is important to consider the reason for the rule. Rules
that are supported by strong state interests are less likely
to violate §2.
One strong and entirely legitimate state interest is the
prevention of fraud. Fraud can affect the outcome of a close
election, and fraudulent votes dilute the right of citizens to
cast ballots that carry appropriate weight. Fraud can also
undermine public confidence in the fairness of elections and
the perceived legitimacy of the announced outcome.
Ensuring that every vote is cast freely, without intimidation or undue influence, is also a valid and important state
interest. This interest helped to spur the adoption of what
soon became standard practice in this country and in other
democratic nations the world round: the use of private voting booths. See Burson v. Freeman, 504 U. S. 191, 202–205
(1992) (plurality opinion).
2
While the factors set out above are important, others considered by some lower courts are less helpful in a case like
the ones at hand. First, it is important to keep in mind that
the Gingles or “Senate” factors grew out of and were designed for use in vote-dilution cases. Some of those factors
are plainly inapplicable in a case involving a challenge to a
facially neutral time, place, or manner voting rule. Factors
three and four concern districting and election procedures