8.5 Voting rights and suppression

Voting rights and suppression are crucial aspects of American democracy. The evolution of voting rights has been marked by constitutional amendments, legislation, and court decisions, gradually expanding access to the ballot for various groups.

Recent years have seen renewed debates over voter ID laws, registration processes, and early voting. These issues intersect with concerns about voter suppression tactics, particularly those affecting minority and low-income communities. Understanding these dynamics is essential for grasping the complexities of modern electoral politics.

History of voting rights

• Voting rights in the United States have evolved over time through constitutional amendments, federal legislation, and Supreme Court decisions
• The expansion of voting rights has been a gradual process, with various groups gaining the right to vote at different points in history

Voting rights amendments

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• 15th Amendment (1870) granted African American men the right to vote by prohibiting denial of voting rights based on race, color, or previous condition of servitude
• 19th Amendment (1920) granted women the right to vote by prohibiting denial of voting rights based on sex
• 23rd Amendment (1961) granted residents of Washington, D.C. the right to vote in presidential elections
• 26th Amendment (1971) lowered the voting age from 21 to 18, extending voting rights to younger citizens

Voting Rights Act of 1965

• Landmark federal legislation that prohibited discriminatory voting practices, such as literacy tests and poll taxes, which were used to disenfranchise African American voters
• Established federal oversight of elections in jurisdictions with a history of discrimination, requiring preclearance for changes to voting procedures
• Empowered the Attorney General to investigate and prosecute cases of voter intimidation and suppression

Shelby County v. Holder

• 2013 Supreme Court decision that struck down key provisions of the Voting Rights Act, particularly the preclearance requirement for jurisdictions with a history of discrimination
• The Court ruled that the coverage formula used to determine which jurisdictions were subject to preclearance was outdated and unconstitutional
• The decision effectively removed federal oversight of elections in many states and localities, leading to concerns about potential voter suppression

Voter ID laws

• Voter ID laws require individuals to present a valid form of identification to vote, with the stated goal of preventing voter fraud
• Proponents argue that these laws ensure the integrity of elections and protect against fraudulent voting
• Opponents contend that voter ID laws disproportionately impact minority, low-income, and elderly voters who may face barriers to obtaining acceptable forms of ID

Arguments for voter ID

• Prevents voter fraud by ensuring that only eligible voters cast ballots
• Increases public confidence in the electoral process
• Aligns with identification requirements for other activities (driving, banking)

Arguments against voter ID

• Disproportionately affects minority, low-income, and elderly voters who may lack acceptable forms of ID
• Voter fraud is extremely rare, and existing laws already provide sufficient safeguards
• Obtaining acceptable ID can be costly and time-consuming, creating barriers to voting

Types of acceptable ID

• Driver's licenses
• State-issued ID cards
• Passports
• Military ID
• Some states accept additional forms of ID (student ID, tribal ID)

Obtaining valid ID

• Requires proof of identity, residency, and citizenship
• May involve fees for obtaining necessary documents (birth certificates, marriage licenses)
• Can be challenging for individuals with limited access to transportation or inability to take time off work

Voter registration

• Voter registration is the process by which individuals become eligible to vote in elections
• Registration requirements and procedures vary by state, with some states offering online registration and others requiring in-person or mail-in registration

Eligibility requirements

• U.S. citizenship
• Age (18 years or older by election day)
• Residency in the state and locality where voting
• Some states have additional requirements (no felony convictions, not declared mentally incompetent)

Registration process

• Completing a voter registration application
• Providing proof of identity and residency
• Submitting the application to the appropriate state or local election office

Registration deadlines

• Vary by state, typically 15-30 days before an election
• Some states offer same-day registration, allowing individuals to register and vote on election day

Online registration

• Available in many states, allowing individuals to register to vote through a secure website
• Requires a valid driver's license or state-issued ID for identity verification
• Increases accessibility and convenience for voters

Early voting

• Early voting allows individuals to cast their ballots before election day, either in person or by mail
• Intended to increase voter turnout by providing flexibility and reducing long lines on election day

Early voting locations

• Designated polling places, such as libraries, community centers, and government buildings
• May be different from election day polling locations

Early voting dates

• Vary by state, typically beginning 1-4 weeks before election day
• Some states offer weekend and evening hours to accommodate working voters

Mail-in ballots

• Allow voters to request, receive, and return their ballots by mail
• Increasingly popular option, particularly in states with all-mail elections (Colorado, Hawaii, Oregon, Washington, Utah)

Absentee voting

• Similar to mail-in voting, but typically requires a valid excuse for not being able to vote in person (illness, travel, military service)
• Some states have removed the excuse requirement, effectively allowing no-excuse absentee voting

Election day voting

• Traditional method of voting, where individuals cast their ballots in person at designated polling locations on election day

Polling locations

• Assigned based on the voter's registered address
• Typically located in public buildings (schools, community centers, churches)

Hours of operation

• Vary by state, but most polling places are open from early morning until evening (e.g., 7 AM to 7 PM)
• Some states have laws requiring employers to provide time off for employees to vote

Provisional ballots

• Used when there are questions about a voter's eligibility (e.g., not on the voter roll, lack of proper ID)
• Allows the voter to cast a ballot, which is set aside and counted only if the voter's eligibility is confirmed

Voter assistance

• Available for voters who need help due to disability, language barriers, or other challenges
• Can be provided by poll workers or a person of the voter's choice (except their employer or union representative)

Voter suppression tactics

• Voter suppression refers to efforts to discourage or prevent eligible voters from casting their ballots
• These tactics disproportionately target minority, low-income, and other marginalized communities

Poll taxes and literacy tests

• Historical methods used to disenfranchise African American voters, particularly in the Jim Crow era South
• Poll taxes required voters to pay a fee to cast their ballots, while literacy tests required them to demonstrate reading and writing skills
• Banned by the 24th Amendment (poll taxes) and the Voting Rights Act (literacy tests)

Gerrymandering and redistricting

• Gerrymandering is the manipulation of electoral district boundaries to favor one party or group over another
• Can dilute the voting power of minority communities by splitting them across multiple districts or packing them into a single district
• Redistricting occurs every ten years following the census, and can be used as a tool for gerrymandering

Voter intimidation

• Includes threats, coercion, or harassment aimed at discouraging voters from casting their ballots
• Can take the form of physical intimidation, verbal abuse, or deceptive practices (e.g., spreading false information about voting requirements or procedures)
• Prohibited by federal law, but still occurs in some instances

Misinformation campaigns

• Deliberate efforts to spread false or misleading information about candidates, voting procedures, or the electoral process
• Can be spread through social media, robocalls, or other means
• Aim to confuse or discourage voters, particularly those from targeted communities

Voting rights advocacy

• Efforts by individuals, organizations, and policymakers to protect and expand voting rights, particularly for marginalized communities

Voter education initiatives

• Programs and campaigns aimed at informing voters about their rights, the registration process, and voting procedures
• Often targeted at communities with historically low voter turnout or those facing barriers to voting

Get out the vote efforts

• Organized efforts to encourage and assist eligible voters in casting their ballots
• Can include door-to-door canvassing, phone banking, and providing transportation to polling places
• Often focused on communities with low voter turnout or those facing voter suppression

Voting rights organizations

• Groups dedicated to promoting and protecting voting rights, such as the American Civil Liberties Union (ACLU), League of Women Voters, and NAACP Legal Defense Fund
• Engage in advocacy, litigation, and voter education efforts

Lawsuits and legal challenges

• Legal actions brought by individuals, organizations, or government entities to challenge laws, policies, or practices that restrict or suppress voting rights
• Can include challenges to voter ID laws, gerrymandered districts, or other forms of voter suppression
• Important tool for enforcing voting rights protections and establishing legal precedents

Texas voting laws

• Texas has a unique set of voting laws and regulations that govern the state's elections and voting procedures

Texas Election Code

• Comprehensive set of laws that outline the rules and procedures for elections in Texas
• Covers topics such as voter registration, candidate qualifications, campaign finance, and election administration
• Amended periodically by the Texas Legislature

Recent changes to voting laws

• In 2021, Texas passed Senate Bill 1, which introduced several changes to the state's voting laws
• Includes new identification requirements for mail-in ballots, restrictions on drive-thru and 24-hour voting, and increased penalties for election-related crimes
• Proponents argue that the changes are necessary to ensure election integrity, while opponents claim they will disproportionately impact minority and low-income voters

Impact on minority voters

• Some argue that Texas' voting laws, particularly the recent changes, disproportionately affect minority voters
• Concerns include the potential for increased voter intimidation, reduced access to voting options (e.g., drive-thru and 24-hour voting), and difficulties in obtaining acceptable forms of ID for mail-in ballots
• Advocates argue that these factors could lead to lower voter turnout among minority communities

Comparison to other states

• Texas' voting laws are generally considered more restrictive than those in many other states
• For example, Texas requires a valid excuse for absentee voting, while many states have adopted no-excuse absentee voting
• Texas also has one of the earliest voter registration deadlines (30 days before an election), while some states allow same-day registration

Future of voting rights

• The landscape of voting rights in the United States continues to evolve, with ongoing debates and challenges at the federal, state, and local levels

Proposed legislation

• Various bills have been introduced in Congress to address voting rights issues, such as the John Lewis Voting Rights Advancement Act and the For the People Act
• These bills aim to restore and strengthen provisions of the Voting Rights Act, expand voter registration and access, and combat voter suppression

Supreme Court cases

• The Supreme Court plays a crucial role in shaping voting rights through its decisions on key cases
• Future cases could address issues such as gerrymandering, voter ID laws, and the scope of the Voting Rights Act
• The Court's composition and judicial philosophy will likely have a significant impact on the direction of voting rights jurisprudence

Technological advancements

• Emerging technologies, such as blockchain and biometric identification, could potentially revolutionize the voting process
• These advancements could help to increase security, prevent fraud, and make voting more accessible and convenient
• However, they also raise concerns about privacy, accessibility, and the potential for technological failures or hacking

Ensuring fair elections

• Ultimately, the goal of voting rights advocates and policymakers is to ensure that all eligible voters have equal access to the ballot and that elections are conducted fairly and transparently
• This requires ongoing efforts to combat voter suppression, promote voter education and participation, and adapt to changing technologies and societal needs
• It also requires a commitment to upholding the fundamental principles of democracy and the rule of law, even in the face of political or ideological differences