🕊️Civil Rights and Civil Liberties Unit 6 – Voting Rights and Electoral Engagement

Historical Context

• Voting rights have been a central struggle in the United States since its founding, with the franchise gradually expanded over time
• Initially, voting was limited to white male property owners, excluding women, people of color, and those without property
• Landmark constitutional amendments (15th, 19th, 24th, 26th) progressively extended voting rights to African Americans, women, and young adults
• Despite constitutional protections, various tactics (literacy tests, poll taxes, intimidation) were used to suppress voting rights, particularly of African Americans
• Civil Rights Movement of the 1950s and 1960s brought renewed focus on voting rights, leading to the Voting Rights Act of 1965
• Voting Rights Act prohibited discriminatory practices and provided federal oversight of elections in jurisdictions with a history of discrimination
• Shelby County v. Holder (2013) decision by the Supreme Court struck down key provisions of the Voting Rights Act, leading to new challenges in ensuring equal access to the ballot

Constitutional Foundations

• The U.S. Constitution initially left voting qualifications to the states, resulting in a patchwork of eligibility rules
• Article I, Section 4 of the Constitution grants Congress the power to regulate the "times, places, and manner" of congressional elections
• 15th Amendment (1870) prohibited denial of the right to vote based on "race, color, or previous condition of servitude"
  • Enforcement of the 15th Amendment was weak, allowing for continued disenfranchisement of African Americans
• 19th Amendment (1920) granted women the right to vote nationwide
• 24th Amendment (1964) banned poll taxes as a requirement for voting in federal elections
• 26th Amendment (1971) lowered the voting age from 21 to 18, enfranchising young adults
• Equal Protection Clause of the 14th Amendment has been interpreted to protect against discriminatory voting practices

Key Legislation and Court Cases

• Civil Rights Act of 1957 established the Civil Rights Commission to investigate voting rights violations
• Civil Rights Act of 1960 provided federal oversight of voter registration and authorized court-appointed referees to help register voters
• Voting Rights Act of 1965 (VRA) was a landmark legislation that prohibited discriminatory voting practices
  • Section 2 of the VRA banned any voting practice or procedure that discriminated based on race
  • Section 5 required certain jurisdictions with a history of discrimination to obtain federal preclearance before changing voting laws or procedures
• Harper v. Virginia Board of Elections (1966) struck down poll taxes in state elections as a violation of the Equal Protection Clause
• Voting Rights Act Amendments of 1970, 1975, and 1982 expanded and extended the provisions of the original act
• National Voter Registration Act of 1993 (Motor Voter Act) made voter registration more accessible by allowing registration at DMVs and public assistance offices
• Help America Vote Act of 2002 (HAVA) established minimum standards for voting systems and provided funding for upgrading voting equipment
• Shelby County v. Holder (2013) invalidated the coverage formula in Section 4 of the VRA, effectively ending the preclearance requirement under Section 5

Voting Rights Challenges

• Literacy tests were used to exclude African American voters by requiring them to demonstrate reading and writing skills
• Poll taxes, which required payment of a fee to vote, disproportionately affected low-income and minority voters
• Intimidation and violence were used to deter African Americans from exercising their right to vote
• Gerrymandering, the manipulation of electoral district boundaries, has been used to dilute the voting power of minority communities
• Felony disenfranchisement laws in many states prevent individuals with felony convictions from voting, even after serving their sentences
• Voter ID laws, which require specific forms of identification to vote, have been criticized for disproportionately affecting low-income, elderly, and minority voters
• Purging of voter rolls, often based on inaccurate or incomplete data, has resulted in eligible voters being removed from registration lists
• Closing or relocating polling places can create barriers to voting, particularly for communities with limited transportation options

Voter Registration and Participation

• Voter registration is the process by which individuals become eligible to vote in elections
• States have varying registration requirements, such as residency, age, and citizenship
• Voter registration deadlines can affect participation, with some states allowing same-day registration while others require registration weeks in advance
• Motor Voter Act of 1993 required states to offer voter registration at DMVs and public assistance offices
• Online voter registration has become increasingly common, making the process more accessible for many voters
• Voter turnout, the percentage of eligible voters who cast a ballot, varies significantly by election type and demographic group
  • Turnout is generally higher in presidential elections compared to midterm or local elections
  • Factors such as age, education, and income are correlated with voter turnout rates
• Get-out-the-vote (GOTV) efforts by campaigns, organizations, and community groups aim to increase voter participation

Electoral Systems and Reform

• Electoral College system used in U.S. presidential elections has been criticized for allowing a candidate to win without a majority of the popular vote
• Winner-take-all allocation of electoral votes in most states means that the candidate who wins the popular vote in a state receives all of its electoral votes
• Proportional representation systems, used in some local and international elections, allocate seats based on the percentage of votes received by each party or candidate
• Ranked-choice voting allows voters to rank candidates in order of preference, with the lowest-ranked candidates eliminated in rounds until a winner emerges
• Campaign finance reform efforts have sought to limit the influence of money in elections and level the playing field for candidates
  • Citizens United v. FEC (2010) decision allowed for unlimited independent expenditures by corporations and unions
  • Disclosure requirements aim to increase transparency in campaign funding sources
• Voting by mail has gained attention as a way to increase accessibility and participation, particularly in light of public health concerns

Contemporary Issues and Debates

• Voter suppression tactics, such as strict ID laws and polling place closures, continue to be a concern in many states
• Disinformation and misinformation campaigns, often spread through social media, can influence voter attitudes and behavior
• Foreign interference in elections, such as hacking and propaganda efforts, has become a significant concern
• Debate over the role of the Electoral College in presidential elections has intensified, with some calling for a national popular vote
• Felon disenfranchisement laws vary widely by state, with some allowing restoration of voting rights after sentence completion while others impose permanent bans
• Partisan gerrymandering, the drawing of district lines to favor one party, has been challenged in court as a violation of voters' rights
• Accessibility of voting for individuals with disabilities, language minorities, and overseas voters remains an ongoing challenge
• Securing election infrastructure against cyber threats has become a priority for election officials at all levels of government

Impact on Democracy

• Voting rights are fundamental to a functioning democracy, ensuring that all citizens have a voice in the political process
• Efforts to suppress or restrict voting rights can undermine the legitimacy and representativeness of elected officials
• High voter turnout is often seen as a sign of a healthy democracy, indicating citizen engagement and participation
• Unequal access to the ballot can lead to disparities in political power and representation, with some groups having a disproportionate influence on policy outcomes
• Electoral systems and reforms can shape the incentives and behavior of candidates and parties, affecting the nature of political competition
• Confidence in the integrity of elections is essential for public trust in government and the peaceful transfer of power
• Civic education and engagement efforts can help foster a culture of informed and active citizenship
• Protecting and expanding voting rights requires ongoing vigilance and action by policymakers, advocates, and citizens alike