The Right To Vote

Voting rights are a fundamental cornerstone of democracy in the United States. These rights have been codified and refined as the democratic process has evolved throughout the nation’s history. Today, most U.S. citizens over 18 can vote in elections, though some states still have certain restrictions.

Don’t wait until the next Election Day to familiarize yourself with voter rights and election laws. This article provides a brief history of voting rights in the United States and the laws enforcing these rights.

In a heated political climate, some may feel disenfranchised from their right to vote. A civil rights attorney can help. If you feel your voting rights are being infringed, speak with an experienced attorney in your area today.

Who Is Eligible to Vote in the United States?

Voting is a fundamental right of citizens of the United States. Eligibility includes United States citizens 18 years of age by the general election date. However, many states do not allow convicted felons or people with severely diminished mental capacities to vote.

It is illegal to discriminate against people based on sex, race, religion, disability, or national origin. It is also unlawful to exclude voters based on language or literacy. You cannot be denied the right to vote if you do not speak English or can’t read or write.

How Does a U.S. Citizen Register to Vote?

Your right to cast your ballot and help transform your government begins with registering to vote. One place where you can register to vote is your local election office. Your local election office may be part of the county clerk’s office or board of elections. In most cases, you can find the phone number and address of the correct office online or by contacting your state board of elections office.

There are other places you can register to vote that you may not know about. The House of Representatives and Senate passed the National Voter Registration Act in 1993. This law requires states to allow eligible voters to register when they apply for or renew their driver’s licenses. States must also allow eligible voters to register at public assistance locations.

What Happens if You Are Denied the Opportunity to Register to Vote?

If you have been illegally denied the opportunity to register to vote, this is known as voter disenfranchisement. The federal government treats this as a serious matter. You can sue your state or local election board for disenfranchising you. You can bring your voter suppression grievance to the Civil Rights Division of the U.S. Department of Justice (DOJ). The DOJ can investigate whether your local board violated the National Voter Registration Act.

Voting Rights Laws in the United States

Nowadays, we take for granted that most U.S. citizens over 18 have the right to vote. However, this was not always the case. With regard to women and Black voters, the government’s policies on voting rights have evolved over time.

The U.S. Supreme Court and Congress have interpreted the Constitution to make changes, including addressing disenfranchisement, voter suppression, and voter fraud.

Constitutional Amendments

American voting rights were first covered in Article 1 of the U.S. Constitution. This allows states to oversee federal elections. The Constitution remains a very consequential document. However, American history has many examples of the government re-evaluating voting rights. Congress passed several amendments over the years. Examples of amendments addressing the right to vote include:

• 15th Amendment: Congress enacted the Fifteenth Amendment in the aftermath of the Civil War to explicitly address voting rights around race. This amendment prohibits denying citizens the right to vote based on race. In addition, the Supreme Court later interpreted the Fourteenth Amendment to guarantee this a fundamental right and to support broader protections of voting rights.
• 19th Amendment: In 1919, the Nineteenth Amendment paved the way for the right to vote regardless of gender. The women’s suffrage movement pressured Congress for change. This was finally enacted only after a long, hard-fought campaign.
• 24th Amendment: Certain parts of the country used to charge people to vote. The Twenty-Fourth Amendment of the U.S. Constitution ended these poll taxes. This was a hotly contested political issue until its ratification in 1964.

The Voting Rights Act

Congress passed the Voting Rights Act of 1965 (VRA) following the Civil Rights Act. The goal of the VRA was to prohibit voter discrimination, which had become routine in many states. The existing federal laws were not enough to enforce uniform voting rights on a national level. As a result, Congress passed this law to overcome continued resistance to voting rights in southern states.

Thus, the VRA contains some specific provisions designed to target areas of the South. The Voting Rights Act provides that a person cannot be denied the right to vote based on literacy tests.

Under Section Five of the VRA, some municipalities and jurisdictions were not free to change voting laws unless the Attorney General or the U.S. District Court for the District of Columbia determined the changes had no discriminatory effects or intent. The provision applies to jurisdictions where less than 50% of the voting-age population engages in the voting process.

However, a bailout provision allows covered jurisdictions to get an exemption from Section Five. The jurisdiction has to show that no discriminatory voting actions have occurred in the prior ten years and that it has taken affirmative steps to encourage minority voting.

A U.S. Supreme Court decision also found poll taxes unconstitutional, breaking down another discriminatory barrier to nationwide voting rights. A series of additional court decisions addressed state laws that undermined the VRA, including prohibited structural changes and gerrymandering to dilute the impact of minority voters.

Congress has passed various amendments to the Voting Rights Act to strengthen the prohibition of racial discrimination. Congress extended the VRA based on continued evidence of voting discrimination. The 1975 amendments also added protections for citizens with language barriers.

In 2006, President George W. Bush extended the VRA for another twenty-five years with its original provisions intact. Some lawmakers opposed the requirement that jurisdictions with large language minority groups provide bilingual ballots.

The Voting Accessibility for the Elderly and Handicapped Act

The Voting Accessibility for the Elderly and Handicapped Act (VAEHA) is a federal law that protects disabled and older adult voters. Polling places nationwide must be accessible to people with disabilities. If no accessible polling place is available, then there must be another way for a voter with a disability to cast their ballot.

State election officials must make registration and voting accommodations for disabled voters. This includes providing aids, including telecommunications devices for the deaf (TDDs).

The United States Attorney General enforces the VAEHA. If you believe state election officials violated the Act, you can file a lawsuit against state election officials. You can also seek assistance from the Election Assistance Commission (EAC) for issues related to accessibility.

The Help America Vote Act

In 2002, Congress enacted the Help America Vote Act (HAVA). HAVA contains essential protections for older adults and disabled voters and provides specific guidelines for states to establish and maintain accessible polling places. It also has minimum accessibility guidelines.

The act also provides funding to improve physical and non-visual access to polling places. Grants are also available to fund research on accessible voting technology. HAVA also provides funding to develop outreach programs on polling place accessibility.

Similarly, state legislatures can get funding to train election officials, poll workers, and election volunteers to make the polls accessible to older adults and disabled voters. States must also develop a state plan to comply with HAVA’s mandates and include voter turnout for people with disabilities.

The National Voter Registration Act

In 1993, Congress enacted the National Voter Registration Act. This act recognized that voting is a fundamental right of United States citizens. Federal, state, and local governments must promote the exercise of that right. The National Voter Registration Act makes it easier to register to vote. It ensures that all eligible U.S. citizens have a voice in American democracy.

Legal Help for Voting Rights Issues

Voting is an integral part of the political process. However, many voters still face challenges and barriers to voting. These include redistricting and new voter ID laws. If you have questions about your legal options for voting rights issues, talk to an experienced civil rights attorney.