5.6 Voting Rights and Representation

Voting rights and representation are cornerstones of American democracy. This section explores how the right to vote has expanded over time through constitutional amendments and landmark legislation, fundamentally reshaping the political landscape.

Despite progress, challenges persist. We'll examine ongoing issues like voter suppression, redistricting controversies, and legal battles that continue to shape the struggle for fair and equal representation in the United States.

Expansion of Voting Rights

Constitutional Amendments

Top images from around the web for Constitutional Amendments

• 

  Nineteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  File:National Women's Suffrage Association.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  Fifteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  Nineteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  File:National Women's Suffrage Association.jpg - Wikimedia Commons View original

  Is this image relevant?

1 of 3

Top images from around the web for Constitutional Amendments

• 

  Nineteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  File:National Women's Suffrage Association.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  Fifteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  Nineteenth Amendment to the United States Constitution - Wikipedia View original

  Is this image relevant?

• 

  File:National Women's Suffrage Association.jpg - Wikimedia Commons View original

  Is this image relevant?

1 of 3

• 15th Amendment ratified in 1870 prohibited denial of voting rights based on race, color, or previous condition of servitude expanding suffrage for African American men
• 19th Amendment ratified in 1920 granted women nationwide voting rights doubling the electorate and fundamentally altering the political landscape
• 24th Amendment ratified in 1964 banned poll taxes in federal elections removing a significant barrier to voting that disproportionately affected minority and low-income citizens
• 26th Amendment ratified in 1971 lowered voting age from 21 to 18 expanding the franchise to younger citizens reflecting political activism of the Vietnam War era

Landmark Legislation

• Voting Rights Act of 1965 provided federal oversight of state voting practices particularly in areas with discrimination history outlawing discriminatory voting practices (literacy tests)
• National Voter Registration Act of 1993 "Motor Voter" law facilitated citizen voter registration allowing registration at various government agencies (Department of Motor Vehicles)
• Help America Vote Act of 2002 established minimum standards for states in election administration providing funding for states to replace outdated voting systems
  • Required states to implement statewide voter registration databases
  • Mandated provisional voting for voters whose eligibility questioned on Election Day

Impact of the Voting Rights Act

Key Provisions and Enforcement

• Established federal oversight of election practices in states with discriminatory voting history requiring these jurisdictions to obtain federal preclearance before changing voting procedures
• Section 2 prohibits voting practices or procedures discriminating on race, color, or language minority group membership providing legal basis for challenging discriminatory practices
• Empowered Department of Justice to send federal examiners to certain jurisdictions monitoring elections and ensuring compliance with voting rights laws
• Language minority provisions added in 1975 required jurisdictions with significant language minority populations to provide bilingual voting materials expanding access for non-English speaking citizens

Outcomes and Challenges

• Led to significant increases in voter registration and turnout among minority communities particularly in the South fundamentally altering the political landscape
  • African American voter registration rates in Mississippi increased from 6.7% in 1965 to 59.8% in 1967
• Remained cornerstone of civil rights legislation providing legal framework for ongoing efforts to combat voter discrimination and ensure equal ballot access
• 2013 Supreme Court decision in Shelby County v. Holder struck down formula determining jurisdictions subject to preclearance significantly weakening Act's enforcement mechanisms
  • Resulted in some states implementing stricter voting laws previously blocked by preclearance requirements

Voter Suppression and Legal Challenges

Forms of Voter Suppression

• Voter ID laws require specific identification forms to vote disproportionately affecting minority and low-income voters facing barriers obtaining such ID
  • Examples include strict photo ID requirements in states like Wisconsin and Texas
• Aggressive or inaccurate purging of voter rolls can result in eligible voters removed from registration lists potentially disenfranchising them
  • Georgia's 2018 "exact match" system flagged 53,000 voter registrations mostly belonging to African American voters
• Closure or relocation of polling places particularly in minority communities creates logistical barriers to voting and decreases turnout
  • Arizona's Maricopa County reduced polling locations by 70% between 2012 and 2016 elections
• Restrictions on early voting and absentee voting limit options for those unable to vote on Election Day due to work family obligations or other constraints
• Felon disenfranchisement laws varying by state can permanently or temporarily bar individuals with criminal convictions from voting disproportionately affecting minority communities
• Voter caging practice of challenging voters' registrations based on returned mail criticized as potential tool for targeted voter suppression

Legal Challenges and Responses

• Challenges to suppression practices often invoke Voting Rights Act Equal Protection Clause of 14th Amendment or state constitutional provisions
• Courts weigh state's interest in election integrity against burden placed on voters when evaluating legality of voting restrictions
• Successful legal challenges resulted in striking down or modifying some voter ID laws (Pennsylvania North Carolina)
• Ongoing debates over balance between preventing voter fraud and ensuring accessible voting processes

Redistricting, Gerrymandering, and Fair Representation

Redistricting Process and Challenges

• Redistricting redraws electoral district boundaries after each decennial census accounting for population changes and ensuring equal representation
• Gerrymandering manipulates district boundaries for partisan or racial advantage resulting in disproportionate representation and dilution of certain groups' voting power
  • Examples include "cracking" (spreading opposition voters across multiple districts) and "packing" (concentrating opposition voters into few districts)
• Racial gerrymandering drawing district lines predominantly based on race ruled unconstitutional by Supreme Court requiring compelling state interest to justify such practices
• Partisan gerrymandering while widely criticized more challenging to address legally with Supreme Court ruling in 2019 that federal courts cannot hear partisan gerrymandering challenges

Efforts for Fair Representation

• Independent redistricting commissions adopted by some states (California Arizona) aim to remove partisan influence from redistricting process creating more competitive districts
• "One person one vote" principle established by Supreme Court requires legislative districts be roughly equal in population ensuring equal representation across districts
• Courts played significant role in shaping redistricting practices interpreting constitutional requirements and sometimes drawing district maps when legislatures fail to produce acceptable plans
• Technology and data analytics increasingly used in redistricting process leading to more precise (and potentially more manipulated) district boundaries
• Ongoing debates over alternative voting systems (ranked-choice voting proportional representation) to address limitations of single-member district systems