So, if a state judge rules an election UNLAWFUL for violating election laws, would this kick in?
I'm pretty sure the code (statute) removed the sex reference so every citizen is included.
Good question!
Section 2 is seemingly intended to stop unlawful abridgment of the voting power of ordinary voters dead in its tracks, such abridgment a very bad thing in our free republic. So it's not surprising that the penalty for abridging the voting power of even a small number of citizens is arguably strong.
I've hilited the key wording.
"Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged [emphases added], except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." [Section 2: Apportionment of Representatives]
Regarding your question, these days it would depend on who is sitting on the benches.
"I'm pretty sure the code (statute) removed the sex reference so every citizen is included."
Related voting protections amendments didn't exist when 14A was ratified.
Insights welcome.