🫡State and Federal Constitutions Unit 13 – Voting Rights and Elections

Historical Context

• Voting rights in the United States have evolved significantly since the nation's founding, with various groups fighting for the right to vote over time
• Initially, voting was limited to white male property owners, excluding women, racial minorities, and those without property
• Gradual expansion of voting rights occurred through constitutional amendments (15th, 19th, 24th, and 26th) and legislation (Voting Rights Act of 1965)
  • 15th Amendment (1870) prohibited denial of voting rights based on race, color, or previous condition of servitude
  • 19th Amendment (1920) granted women the right to vote
  • 24th Amendment (1964) banned poll taxes as a requirement for voting
  • 26th Amendment (1971) lowered the voting age from 21 to 18
• Despite amendments and legislation, various tactics (literacy tests, poll taxes, and intimidation) were used to suppress voting rights, particularly for African Americans
• Civil rights movement of the 1950s and 1960s played a crucial role in advocating for equal voting rights and dismantling discriminatory practices
• Voting rights continue to be a contentious issue, with ongoing debates over voter identification laws, gerrymandering, and voter suppression

Constitutional Foundations

• The U.S. Constitution initially left voting qualifications to the states, resulting in varied and often discriminatory practices
• Article I, Section 4 of the Constitution grants states the authority to regulate the "times, places, and manner" of congressional elections, subject to Congress's ability to alter such regulations
• The Constitution has been amended several times to expand and protect voting rights:
  • 15th Amendment (1870) prohibited denial of voting rights based on race, color, or previous condition of servitude
  • 17th Amendment (1913) established direct election of U.S. Senators by popular vote
  • 19th Amendment (1920) granted women the right to vote
  • 23rd Amendment (1961) granted electoral votes to the District of Columbia in presidential elections
  • 24th Amendment (1964) banned poll taxes as a requirement for voting
  • 26th Amendment (1971) lowered the voting age from 21 to 18
• Equal Protection Clause of the 14th Amendment has been interpreted by the Supreme Court to protect against discriminatory voting practices
• The Constitution does not explicitly guarantee a right to vote, leading to debates over the extent of federal oversight and protection of voting rights

Voting Rights Legislation

• Voting Rights Act of 1965 (VRA) is a landmark federal legislation that aimed to eliminate discriminatory voting practices
  • Prohibited literacy tests and other barriers to voting
  • Required federal preclearance for changes to voting procedures in jurisdictions with a history of discrimination
  • Authorized federal oversight of voter registration and elections in certain areas
• Civil Rights Act of 1964 banned unequal application of voter registration requirements and prohibited discrimination in public accommodations
• National Voter Registration Act of 1993 (NVRA or "Motor Voter Act") made it easier to register to vote by allowing registration at DMVs, public assistance offices, and other designated agencies
• Help America Vote Act of 2002 (HAVA) aimed to improve election administration and voting systems, including provisions for provisional ballots and statewide voter registration databases
• Voting Rights Act Reauthorization and Amendments Act of 2006 extended key provisions of the VRA for an additional 25 years
• Shelby County v. Holder (2013) Supreme Court decision struck down the VRA's coverage formula, effectively ending federal preclearance for changes to voting procedures in certain jurisdictions
• Ongoing debates over the need for further legislation to protect voting rights and address issues such as voter suppression and discrimination

Voter Eligibility and Registration

• Voter eligibility requirements vary by state but typically include:
  • U.S. citizenship
  • Minimum age (18 for federal elections)
  • Residency in the state and/or district
  • Not currently serving a felony sentence (laws vary by state)
  • Not deemed mentally incompetent by a court
• Voter registration is the process by which eligible individuals become registered to vote
  • Registration requirements and procedures vary by state
  • Common methods include in-person registration, mail-in registration, and online registration (where available)
• National Voter Registration Act of 1993 (NVRA or "Motor Voter Act") requires states to offer voter registration opportunities at DMVs, public assistance offices, and other designated agencies
• Some states have implemented automatic voter registration (AVR), where eligible individuals are automatically registered to vote when interacting with government agencies, unless they opt out
• Voter registration deadlines vary by state, with some allowing same-day registration on Election Day
• Controversies surrounding voter registration include debates over voter identification requirements, purging of voter rolls, and allegations of voter fraud

Election Systems and Processes

• Elections in the United States are primarily conducted at the state and local levels, with some federal oversight and regulation
• Types of elections include:
  • Primary elections: Held to nominate candidates for political parties
    • Closed primaries: Only registered party members can vote
    • Open primaries: All registered voters can participate, regardless of party affiliation
  • General elections: Held to elect officials to office
  • Special elections: Held to fill vacancies or decide on ballot measures
• Electoral systems vary, with the most common being:
  • Plurality or "first-past-the-post" system: Candidate with the most votes wins, even without a majority
  • Majority system: Candidate must receive a majority (50% + 1) of votes to win; may involve runoff elections
  • Proportional representation: Seats are allocated based on the proportion of votes received by each party or candidate
• Electoral College system is used in U.S. presidential elections, where voters in each state choose electors who then cast votes for the president and vice president
• Voting methods include in-person voting on Election Day, early voting, absentee voting, and mail-in voting (which has expanded due to the COVID-19 pandemic)
• Election administration involves tasks such as designing and printing ballots, managing polling places, and counting votes
• Controversies in election processes include debates over voter identification laws, ballot access, and the security and integrity of voting systems

Voting Rights Challenges and Reforms

• Despite constitutional amendments and legislation protecting voting rights, various challenges and barriers to voting persist
• Voter suppression tactics aim to reduce voter turnout, particularly among certain groups, through methods such as:
  • Strict voter identification laws
  • Purging of voter rolls
  • Closing or relocating polling places
  • Limiting early voting or absentee voting options
• Gerrymandering involves manipulating district boundaries to favor a particular party or candidate, often diluting the voting power of certain communities
• Felon disenfranchisement laws vary by state, with some states permanently barring individuals with felony convictions from voting, even after completing their sentences
• Language barriers and lack of language assistance can hinder voting access for non-English speaking voters
• Voter intimidation and misinformation campaigns seek to discourage or mislead voters, undermining the integrity of elections
• Proposed reforms to address voting rights challenges include:
  • Automatic voter registration (AVR)
  • Same-day voter registration
  • Expansion of early voting and mail-in voting options
  • Restoration of voting rights for individuals with felony convictions
  • Independent redistricting commissions to combat gerrymandering
  • Increased language assistance and accessibility at polling places
• Ongoing debates center on balancing voter access and election security, as well as the role of federal oversight in protecting voting rights

Contemporary Issues and Debates

• Voter identification laws remain contentious, with proponents arguing they prevent fraud and opponents claiming they disproportionately burden certain groups
• Gerrymandering continues to be a significant issue, with disputes over partisan and racial gerrymandering leading to legal challenges and calls for reform
• Voting technology and election security have come under scrutiny, particularly in light of concerns over foreign interference and hacking attempts
  • Debates over the use of electronic voting machines and the need for paper trails
  • Efforts to improve cybersecurity and protect against hacking and disinformation campaigns
• Expansion of mail-in and absentee voting during the COVID-19 pandemic has led to discussions about the future of voting methods and balancing accessibility with security concerns
• Felon disenfranchisement and the restoration of voting rights for individuals with criminal convictions remain divisive issues, with some states expanding rights while others maintain restrictions
• Attempts to limit or expand early voting and absentee voting options have been met with both support and opposition
• Concerns over voter suppression and discriminatory practices persist, particularly in the wake of the Shelby County v. Holder decision and subsequent changes to voting procedures in some states
• Calls for reforms such as automatic voter registration, same-day registration, and independent redistricting commissions continue to shape the debate over voting rights and election processes

Impact on Democracy

• Voting rights and fair election processes are essential to the functioning and legitimacy of democratic systems
• Expansion of voting rights has led to increased political participation and representation for historically marginalized groups
• Voter suppression and discriminatory practices undermine the principles of equal representation and can lead to a lack of trust in the electoral process
• Gerrymandering can distort the will of the people by allowing politicians to choose their voters rather than voters choosing their representatives
• Accessible and secure voting methods, such as early voting and mail-in voting, can increase voter turnout and promote more inclusive democratic participation
• Felon disenfranchisement laws have a disproportionate impact on communities of color, affecting their ability to have a voice in the political process
• Ensuring free, fair, and transparent elections is crucial for maintaining public confidence in democratic institutions
• Ongoing debates and reforms surrounding voting rights and election processes reflect the continuous struggle to uphold and strengthen democratic principles
• Protecting and expanding voting rights is essential for promoting a more representative and responsive government that reflects the diverse voices and interests of its citizens